Common use of RIGHTS RESERVED BY LANDLORD Clause in Contracts

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; (2) To install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.

Appears in 4 contracts

Samples: Lease Agreement (Southern Bella Inc), Lease Agreement (Southern Bella Inc), Lease Agreement (Southern Bella Inc)

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RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights, exercisable without liability by Landlord to Tenant: (Aa) In general Landlord reserves full control over to change the property to Building’s name (provided that in no event shall the extent not inconsistent with tenant's quiet enjoyment, use, and access to Building be named after any other company without Tenant’s approval while Tenant is the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment sole occupant thereof); (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right b) to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; (2) To install affix and maintain signs any and all directional or building identification signage on the exterior and interior of the property; Building; (3c) To prescribe to change the location Parking Areas and style of other common areas so long as Tenant’s rights are not materially diminished as a result; (d) to grant anyone the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at the propertyin other property owned or leased by Landlord or its affiliates, whether or not it is so long as the same or similar does not exclude Tenant’s permitted use of the Premises; (e) to the use permitted tenant by this lease; change access drives provided Tenant’s rights are not materially diminished as a result; and (6f) To have access for landlord to record certain easements, declarations and other tenants agreements that both benefit and/or burden the Premises provided Tenant’s obligations are not materially increased and its rights are not materially diminished as a result of such agreements. Landlord also reserves all airspace rights above, below and to all sides of the property Premises. Landlord shall exercise commercially reasonable efforts to any mail deposits located on minimize interruption with Tenant’s business operations in connection with the premises according to the rules exercise of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the sameforegoing rights. These In no event shall such rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment so as to reduce the usable square footage of the premisesPremises or parking available to Tenant except short-term partial closures of the parking areas required to effectuate the same, so long as reasonable efforts to minimize interruption with Tenant’s business operations are made.

Appears in 2 contracts

Samples: Lease Agreement (SomaLogic, Inc.), Lease Agreement (SomaLogic, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 2 contracts

Samples: Commercial Lease (Powersource Corp), Commercial Lease (Powersource Corp)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Ba) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (d) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5e) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (g) to prohibit the placement of video or similar other electronic games in the Premises; (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (l) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all Any violation of the actions permitted of landlord under this paragraph (B) provision shall be exercised in deemed a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment material breach of the premisesthis Lease.

Appears in 2 contracts

Samples: Office Lease (Treaty Oak Bancorp Inc), Office Lease (Treaty Oak Bancorp Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general 34.01. Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant Tenant for damage or injury to property, person, person or business and without effecting an eviction, constructive or actual, or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) i. To change the Building’s name or street address of the propertyaddress; (2) ii. To install install, affix, maintain and maintain remove any and all signs on the exterior and interior of the propertyBuilding; (3) iii. To prescribe designate and/or approve or disapprove, prior to installation, all window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense)Building; (4) iv. To retain at all timesdecorate or make repairs, alterations, additions or improvements, whether structural or otherwise, in and about the Building or any part thereof, and use for such purposes to enter the Premises, and during the continuance of any of such work, to temporarily close doors, entry ways, common or public spaces and corridors in appropriate instancesthe Building and to interrupt or temporarily suspend Building services and facilities, keys to all doors within and into without affecting any of Tenant’s obligations hereunder, so long as the premises;Premises are reasonably accessible. (5) v. To grant to any person anyone the exclusive right to conduct any business or render any service at in the propertyBuilding, whether or provided such exclusive right shall not it is the same or similar operate to exclude Tenant from the use expressly permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to othersherein; and (8) vi. To maintain retain absolute dominion and control over all common or create ownership interests in public space within the property separate from fee title Building notwithstanding any obligations of Tenant to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in pay rent or expenses for a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisespro rata portion thereof.

Appears in 2 contracts

Samples: Office Lease Agreement (Global Defense Technology & Systems, Inc.), Office Lease Agreement (Global Defense Technology & Systems, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1a) To change the name or street address of the property; (2) To install install, affix and maintain any and all signs on the exterior and on the interior of the propertyBuilding or the Premises; (3b) To prescribe decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the location Building, or any part thereof, and style for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the suite number Building and identification sign to interrupt or lettering temporarily suspend services or use of Common Facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable; c) To furnish door keys for the premises occupied by entry door(s) in the tenant (which shall be prepared Premises on the Commencement Date and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instances, keys to all doors within and into the premisesPremises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks and not to affix locks on doors without the prior written consent of the Landlord. Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises; (5d) To grant approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to any person exceed the right legal load per square foot designated by the structural engineers for the Building and to conduct any business require all such items and furniture and similar items to be moved into or render any service out of the Building and Premises only at the propertysuch times, whether or not it is the same or similar to the use permitted tenant by this leasein such manner and upon such terms as Landlord shall direct in writing; (6e) To have access for landlord erect, use and other tenants of maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 2 contracts

Samples: Sub Lease Agreement (United Bancshares Inc /Pa), Sub Lease Agreement (United Bancshares Inc /Pa)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1a) To change the name or street address of the propertyBuilding; (2b) The exclusive right to use the name of the Building for all purposes; c) To install install, affix and maintain any and all signs on the exterior and interior of the propertyBuilding or the Property; (3d) To prescribe make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the location Building, or any part thereof, and style for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the suite number Building and identification sign to interrupt or lettering temporarily suspend services or use of Common Facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable; e) To furnish door keys for the premises occupied by entry door(s) in the tenant (which shall be prepared Premises on the Commencement Date and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instances, keys to all doors within and into the premisesPremises. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises; (5f) To grant designate and approve all window coverings used in the Building; g) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises so as not to any person exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building only at such times, in such manner and upon such terms as Landlord shall direct in writing; h) To alter the layout, design and/or use of the Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the character of the Building is maintained; and, i) The exclusive right to conduct any business use or render any service at the property, whether or not it is the same or similar to dispose of the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules roof of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesBuilding.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs following rights, each of which Landlord may exercise without notice to Tenant (Bexcept as otherwise set forth below) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1) a. To change the name or street address of the propertyBuilding upon notice to Tenant; (2) b. The exclusive right to use the name of the Building for all purposes, except that Tenant may use the name on its business address and for no other purpose; c. To install install, affix and maintain any and all signs on the exterior and on the interior of the propertyBuilding or the Property; (3) d. To prescribe decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the location Building, or any part thereof, and style for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the suite number Building and identification sign to interrupt or lettering temporarily suspend services or use of Common Facilities, all without affecting any of Tenant’s obligations hereunder, so long as Landlord provides prior notice to Tenant, the Premises are reasonably accessible and usable, Landlord does not unreasonably interfere with Tenant’s conduct of its business in the Premises; e. To furnish door keys for the premises occupied by entry door(s) in the tenant (which shall be prepared Premises on the Commencement Date and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instancesinstances as permitted under this Lease, keys to all doors within and into the premisesPremises. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises; (5) f. To designate and approve all window coverings used in the Building; g. To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times, in such manner and upon such reasonable terms as Landlord shall direct in writing; h. To regulate delivery of supplies and the usage of the loading docks, receiving areas and freight elevators; i. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises Landlord does not unreasonably interfere with Tenant’s conduct of its business in the Premises; j. To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service at in the propertyBuilding or on the Property, whether provided Landlord complies with the terms of this Lease; k. Upon notice to Tenant, to alter the layout, design and/or use of the Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the character of the Building as a first class office building is maintained and Landlord complies with the terms of this Lease; l. The exclusive right to use or not it is the same or similar to dispose of the use permitted tenant by this lease;of the roof of the Building (except as otherwise set forth herein); and m. During the last six (6) To have access for landlord and other tenants months of the property Term of this Lease, if during or prior to any mail deposits located on that time Tenant has vacated the premises according Premises, to decorate, remodel, repair, alter or otherwise prepare the rules Premises for reoccupancy, without affecting Tenant’s obligation to pay Rent for the Premises and without unreasonably interfering with Tenant’s conduct of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests its business in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property Except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoymentcontrary in this Lease, use, and access Landlord hereby expressly reserves all rights related to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesPremises, servicesthe Datacenter, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises Building and the slab of the floor or roof of the property thereaboveProperty, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularlyincluding, but without limitation, landlord shall have not limited to the rights enumerated in paragraphs right: (Bi) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; Building and/or the Property; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building and/or the Property; (3iii) To prescribe to change, from time to time, the location dimensions, configurations and style locations of the suite number Common Areas, and/or to otherwise make such alterations to the Datacenter or the Building as Landlord deems desirable without disruption of the conduct of Tenant’s business in the Premises/Pathway; (iv) to install, operate and identification sign maintain systems which monitor, by closed circuit television or lettering otherwise, all persons entering or leaving the Building, the Datacenter, and/or the Property; (v) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Datacenter or the Tenant Space and which serve other parts or other tenants or occupants of the Datacenter, the Building and/or the Property without disruption of the conduct of Tenant’s business in the Premises/Pathway; (vi) to create any additional improvements to structural and/or mechanical systems, interior and exterior walls and/or glass without disruption of the conduct of Tenant’s business in the Premises/Pathway; and (vii) to lease space in the Datacenter, the Building and the Property, and to create such other tenancies in the Datacenter, the Building and the Property as Landlord shall desire. Notwithstanding the foregoing, Landlord shall notify Tenant of such alterations as may materially alter the delivery of service and make commercially reasonable accommodations to ameliorate any adverse impact on such delivery of service for changes to service components including but not limited to the following: a) 2N UPS, N +1 Generator redundancy for the premises occupied by the tenant Premises. b) Concurrently maintainable (which shall be prepared Tier III) Premises. c) At least 6 minutes of UPS power under full load. d) 30” raised floor height and installed by landlord at tenant's expense);12’ ceiling height. e) 25% perforated tiles for Tenant space. f) Zone 4 code compliance for earthquakes. g) At least 24 hours of fuel run time for generators. h) Double-interlock pre-action sprinkler system. i) No less than “N” Generator plant with camlok tap box for additional generator, in case of main generator failure or main generator maintenance. j) Generators to have weather resistant enclosure and a double contained fuel tank, as well as all required approvals of such generators from local municipality (4) To retain at all timesincluding architectural, noise, and use planning to the extent required by Applicable Law). k) Monitoring of PDU and other electrical infrastructure using BMS by TAC or equivalent systems. l) Revenue grade metering at the main distribution voltage supply switch. m) Power quality metering at the output of the UPS. n) Energy management & monitoring system, with monitoring and control for: mechanical heat rejection equipment; UPS systems; PDUs; fire alarm; water flow switch; security system; temperature/humidity; under floor leak detection system; lighting; power metering & monitoring system / energy management system. The energy management & monitoring system will monitor all critical equipment for the Datacenter, with alerts configured to page the Building engineer, service provider, and, if required by Tenant, Tenant staff. o) Tenant access to web portal including viewing the Building management system data for the Premises. p) Carrier neutrality and availability of multiple IP transit providers in appropriate instancesthe Building. q) Multiple fiber egress points from the Building. r) Building security monitoring. s) Continuation of all building services, keys including provisioning, maintenance, and replacement of common electrical and HVAC equipment, access to all doors within loading dock, exterior maintenance (landscaping, parking lot, etc.); and interior services (trash pickup, common area maintenance, restrooms and temperature control) without additional charge to client. t) Electronic “key card” reader/system for access into the premises; (5) To grant to any person the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 2 contracts

Samples: Turn Key Datacenter Lease (Endurance International Group Holdings, Inc.), Turn Key Datacenter Lease (Constant Contact, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property Except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoymentcontrary in this Lease, use, and access Landlord hereby expressly reserves all rights related to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesPremises, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises Building and the slab of the floor or roof of the property thereaboveProperty, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularlyincluding, but without limitation, landlord shall have not limited to the rights enumerated in paragraphs right: (Bi) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; Building and/or the Property; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building and/or the Property; (3iii) To prescribe to change, from time to time, the location dimensions, configurations and style locations of the suite number Common Areas, and/or to otherwise make such alterations to the Building as Landlord deems desirable without disruption of the conduct of Tenant’s business in the Premises/Pathway; (iv) to install, operate and identification sign maintain systems which monitor, by closed circuit television or lettering otherwise, all persons entering or leaving the Building and/or the Property; (v) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Tenant Space and which serve other parts or other tenants or occupants of the Building and/or the Property without disruption of the conduct of Tenant’s business in the Premises/Pathway; (vi) to create any additional improvements to structural and/or mechanical systems, interior and exterior walls and/or glass without disruption of the conduct of Tenant’s business in the Premises/Pathway; and (vii) to lease space in the Building and the Property, and to create such other tenancies in the Building and the Property as Landlord shall desire. Notwithstanding the foregoing, Landlord shall notify Tenant of such alterations as may materially alter the delivery of service and make commercially reasonable accommodations to ameliorate any adverse impact on such delivery of service for changes to service components including but not limited to the following: a) 2N UPS, N +1 Generator redundancy for the premises occupied by the tenant Premises. b) Concurrently maintainable (which shall be prepared Tier III) Premises. c) At least 6 minutes of UPS power under full load. d) 36” raised floor height and installed by landlord at tenant's expense);14’ ceiling height. e) 25% perforated tiles for Tenant space. f) At least 24 hours of fuel run time for generators. g) Double-interlock pre-action sprinkler system. h) Generators to have weather resistant enclosure and a double contained fuel tank, as well as all required approvals of such generators from local municipality (4) To retain at all timesincluding architectural, noise, and use planning to the extent required by Applicable Law). i) Monitoring of PDU and other electrical infrastructure using BMS by TAC or equivalent systems. j) Revenue grade metering at the main distribution voltage supply switch. k) Energy management & monitoring system, with monitoring and control for: mechanical heat rejection equipment; UPS systems; PDUs; fire alarm; water flow switch; security system; temperature/humidity; under floor leak detection system; lighting; power metering & monitoring system / energy management system. The energy management & monitoring system will monitor all critical equipment for the Building, with alerts configured to page the Building engineer, service provider, and, if required by Tenant, Tenant staff. l) Tenant access to web portal including viewing the Building management system data for the Premises. m) Carrier neutrality and availability of multiple IP transit providers in appropriate instancesthe Building. n) Multiple fiber egress points from the Building. o) Building security monitoring. p) Continuation of all building services, keys including provisioning, maintenance, and replacement of common electrical and HVAC equipment, access to all doors within loading dock, exterior maintenance (landscaping, parking lot, etc.); and interior services (trash pickup, common area maintenance, restrooms and temperature control) without additional charge to client. q) Electronic “key card” reader/system for access into the premises; (5) To grant to any person the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 2 contracts

Samples: Datacenter Lease (Endurance International Group Holdings, Inc.), Datacenter Lease (Constant Contact, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off setoff or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for Premises; (iv) to change the premises occupied by arrangement of entrances, doors, corridors, elevators and/or stairs in the tenant Building, provided no such change shall materially adversely affect access to the Premises; (which shall be prepared and installed by landlord at tenant's expense); (4v) To retain at all times, and use in appropriate instances, keys to all doors within and into grant any party the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all In exercising any of the actions permitted foregoing rights, Landlord shall not unreasonably interfere with Tenant’s use of landlord the Premises or Tenant’s parking rights and shall not materially increase the obligations or materially decrease the rights of Tenant under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesLease.

Appears in 2 contracts

Samples: Office Lease (Splunk Inc), Office Lease (Omniture, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1) a. To change the name or street address of the propertyBuilding; (2) b. The exclusive right to use the name of the Building for all purposes, except that Tenant may use the name on its business address and for no other purpose; c. To install install, affix and maintain any and all signs on the exterior and on the interior of the propertyBuilding or the Property; d. To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of Common Facilities, all without affecting any of Tenant’s obligations hereunder (3) except as otherwise expressly provided herein), so long as the Premises are reasonably accessible and usable; e. To prescribe the location and style of the suite number and identification sign or lettering furnish door keys for the premises occupied by entry door(s) in the tenant (which shall be prepared Premises on the Commencement Date and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instances, keys to all doors within and into the premisesPremises. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises; (5) f. To designate and approve all window coverings used in the Building; g. To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times, in such manner and upon such terms as Landlord shall direct in writing; h. To regulate delivery of supplies and the usage of the loading docks, receiving areas and freight elevators; i. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises; j. To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service at in the propertyBuilding or on the Property; k. To alter the layout, whether design and/or use of the Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the character of the Building as a first class office building is maintained; l. The exclusive right to use or not it is the same or similar to dispose of the use permitted tenant by this lease;of the roof of the Building; and m. During the last six (6) To have access for landlord and other tenants months of the property Term of this Lease, if during or prior to any mail deposits located on that time Tenant has vacated the premises according Premises, to decorate, remodel, repair, alter or otherwise prepare the rules of Premises for reoccupancy, without affecting Tenant’s obligation to pay Rent for the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 2 contracts

Samples: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord hereby reserves full control over the property right, at any time and from time to the extent not inconsistent with tenant's quiet enjoymenttime, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to propertyTenant, person, or business and without effecting constituting an eviction, constructive or actualotherwise, or disturbance of tenant's use or possession or giving rise entitling Tenant to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's obligations under this Lease: (1a) To make alterations, additions, repairs, improvements to or in or to decrease the size of area of, all or any part of the Building or the Project, the fixtures and equipment therein, and the Building Systems (except that Landlord shall not have any right under this provision to materially reduce the size of the Premises or the Parking Facilities (such that the reduction in Parking Facilities size reduces the number of parking spaces licensed to Tenant under Section 17.2 of this Lease), or to permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation); (b) To change the name or street address of the propertyBuilding or the Project; (2c) To install designate and maintain signs on approve all types of signs, window coverings, internal lighting and other aspects of the Premises and its contents that may be visible from the exterior and interior of the propertyPremises; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5d) To grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding or the Project, whether provided such exclusive right to conduct any business or render any service in the Building or the Project does not it prohibit Tenant from any permitted use for which Tenant is then using the same or similar to the use permitted tenant by this leasePremises; (6e) To have prohibit Tenant from installing vending or dispensing machines of any kind in or about the Premises other than those Tenant installs in the Premises solely for use by Tenant's employees; (f) To close the Building or the Project during and after Business Hours, except that Tenant and its employees and invitees may access the Premises after Business Hours in accordance with such rules and regulations as Landlord may reasonably prescribe from time to time for landlord security purposes; (g) To install, operate and maintain security systems that monitor, by closed circuit television or otherwise, all persons entering or leaving the Building or the Project; (h) To install and maintain pipes, ducts, conduits, wires and structural elements in the Premises that serve other parts or other tenants of the property to any mail deposits located on Building or the premises according to the rules of the United States Postal ServiceProject; (7i) To grant easements retain and licenses receive master keys or pass keys to othersthe Premises and all doors in the Premises. Notwithstanding the foregoing, or the provision of any security-related services by Landlord, Landlord is not responsible for the security of persons or property on the Project and Landlord is not and will not be liable in any way whatsoever for any breach of security not solely and directly caused by the willful misconduct of Landlord, its agents, its contractors or employees; (j) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the Common Area and other tenancies and premises in the Project and to create additional rentable areas through use or enclosure of Common Areas; provided, however, that Landlord will refrain from changing the Parking Facilities in a manner that would reduce the number of parking spaces licensed to Tenant under Section 17.2 of this Lease; (k) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Project, to comply with such Law, control or guideline, whether mandatory or voluntary, or make any alterations to the Project related thereto, the costs of which are Operating Costs. (I) Upon not less than one (1) Business Day's prior written notice to Tenant (and without notice in emergencies), to enter the Premises at all reasonable times to: (a) determine whether the Premises are in good condition, (b) determine whether Tenant is complying with its obligations under this Lease, (c) perform any maintenance or repair of the Premises or the Building or the Project that Landlord has the right or obligation to perform, (d) subject to subsection (n) below, to install or repair improvements for other tenants where access to the Premises is required for such installation or repair, (e) serve, post or keep posted any notices required or allowed under the provisions of this Lease, (f) show the Premises to prospective brokers, agents, buyers, transferees, Mortgagees or, during the last six (6) months of the Lease, to prospective tenants, or (g) do any other act or thing necessary for the safety or preservation of the Premises or the Building or the Project; (m) Upon not less than five (5) Business Days prior written notice to Tenant (and without notice in emergencies), and for a period not to exceed two (2) Business Days, to temporarily close or prohibit access to the Building (including the Premises) or the Project to entry by tenants and their agents, employees, contractors, invitees and licensees after Business Hours, including, but not limited to, temporarily closing or prohibiting access to the Premises, the Common Area, entrances, doors, corridors, elevators and other facilities in the Building or the Project; and (8) To maintain n) Except as required by law, Landlord may not install any pipes ducts, utility lines, conduits or create ownership interests equipment (herein collectively called "Utility Lines") in the property separate from fee title to the land underlying the same. These rights apply provided that Premises unless all of the actions permitted of landlord following conditions be met: (1) such Utility Lines are located in locations which will not materially and adversely interfere with the rights expressly granted to Tenant under this paragraph Lease, or if, from the standpoint of sound architectural and engineering standards such Utility Lines cannot be located in the non-public areas without commercially unreasonable cost, then the same may be located completely beneath the floor or completely within the walls of non-public areas or completely above the Tenant's hung ceiling, provided, however, that: (A) the same may not displace or materially and adversely interfere with the location or placement of Tenant's utility lines serving the Premises, it being understood that Tenant's utility lines have priority in their location in the Premises, and (B) with respect to the ceiling area, in no event may the Utility Lines extend lower than Tenant's hung ceiling, and (C) if no finished ceiling exists such area will not be available to Landlord for this purpose and Landlord will be restricted to the sub-floor or interior walls as hereinbefore described; (2) such work is performed during non-Business Hours (except in emergencies) unless Tenant, in the exercise of its discretion, agrees otherwise; and (3) Landlord will be liable for all loss (excluding, in all events, loss of business and any other foreseeable or unforeseeable consequential damages, and also excluding, in all events, indirect, special and punitive damages), damage, or injury to persons or property resulting from the installation of the Utility Lines and will indemnify and hold Tenant harmless from all claims, losses (excluding, in all events, loss of business and any other foreseeable or unforeseeable consequential damages, and also excluding, in all events, indirect, special and punitive damages), costs, expenses and liability, including reasonable attorney's fees, arising from such installation, except to the extent caused by the negligence or intentional misconduct of Tenant and/or its Representatives and/or Visitors. Landlord shall be exercised in a reasonable, nondiscriminatory fashion and conduct its activities under this Section 6.3 in a manner that will minimize inconvenience to Tenant without incurring additional expense to Landlord. In no event shall Tenant be entitled to an abatement of Rent on account of any entry by Landlord pursuant to this Section 6.3. Landlord shall not unduly interfere be liable in any manner for any inconvenience, loss of business or other damage to Tenant or other persons arising out of Landlord's entry on the Premises in accordance with tenantthis Section 6.3, except as expressly provided in Section 6.3(n)(iii) above. No action by Landlord pursuant to this Section 6.3 shall constitute an eviction of Tenant, constructive or otherwise, entitle Tenant to an abatement of Rent or to terminate this Lease or otherwise release Tenant from any of Tenant's use or enjoyment of the premisesobligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Yelp Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises Except as expressly provided in this lease. Possession of areas necessary for utilitiesherein, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with Landlord reserves the right to installcontrol the Property including, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Building; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign Property or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To any part thereof; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises upon reasonable prior notice (except in the event of emergency) at reasonable hours to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, and if Tenant shall abandon the Premises at any time, or shall vacate the same during the last three (3) months of the Term, to decorate, remodel, repair, or alter the Premises. (C) To temporarily limit or prevent access to the Property or any part thereof, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and to any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may, upon reasonable prior notice to Tenant, enter upon the Premises at reasonable hours and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may temporarily close public entry ways, other public areas, restrooms, stairways or corridors and Tenant agrees to pay Landlord for overtime and similar expenses incurred if such work is done other than during ordinary business hours at Tenant's request. (E) To substitute for the Premises other premises (herein referred to as the "Relocation Premises") at the Building, provided: (i) the Relocation Premises shall be exercised similar to the Premises in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.area,

Appears in 1 contract

Samples: Office Lease

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Property; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises: grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Promises at reasonable hours for reasonable purposes, including inspection and supplying cleaning service or other services to be provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, Insurers, and prospective purchasers, tenants and brokers, at reasonable hours, and if Tenant shall be exercised in a reasonableabandon the Premises at any time, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment shall vacate the same during the last 3 months of the premisesTerm, to decorate, remodel, repair, or alter the Premises. (C) To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors.

Appears in 1 contract

Samples: Office Lease (Corechange Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: : A. General Matters. To: (1i) To change the name or street address of the property; Building or Property or designation of the Premises, (2ii) To install and maintain signs on the exterior and interior of the property; Property, and grant any other Person the right to do so, (3iii) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; Premises, (5iv) To grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or are similar to the use permitted tenant Tenant by this lease; Lease, (6v) To grant any Person the right to use separate security personnel and systems respecting access to their premises, (vi) have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service; Service (7and to install or remove such chutes), and (vii) To grant easements and licenses to others; and in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition or threat thereof: (8) To maintain a) limit or create ownership interests in the property separate from fee title prevent access to the land underlying Building, (b) shut down elevator service, or activate elevator emergency controls, and (c) otherwise take such action or preventative measures deemed necessary by Landlord for the same. These rights apply provided that all safety of tenants of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use Building or enjoyment the protection of the premises.Property and other property located thereon or therein (but this provision shall impose no duty on Landlord to take such actions, and no liability for actions taken in good faith. B.

Appears in 1 contract

Samples: Lease Agreement

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for Premises; (iv) to change the premises occupied by arrangement of entrances, doors, corridors, elevators and/or stairs in the tenant Building, provided no such change shall materially adversely affect access to the Premises; (which shall be prepared and installed by landlord at tenant's expense); (4v) To retain at all times, and use in appropriate instances, keys to all doors within and into grant any party the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; Post Office; (7ix) To grant easements to close the Building after normal business hours, except that Tenant and licenses its employees and invitees shall be entitled to othersadmission at all times under such rules and regulations as Landlord prescribes for security purposes; and (8) To x) to install, operate and maintain security systems which monitor, by close circuit television or create ownership interests otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the property separate from fee title Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Industrial Lease (Sensys Technologies Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rentRent or any other claim except as otherwise expressly provided herein: Notwithstanding anything to the contrary contained in this Lease, any changes, additions or alterations by Landlord shall not (i) impair access to, visibility of, or frontage of, the Demised Premises or (ii) materially affect the conduct of Tenant's customary business therein. a) Upon sixty (B60) Changes in property Landlord reserves the following rights: (1) To days prior notice to change the name or street address of the property;Building. (2b) To install install, affix and maintain any and all signs on the exterior and on the interior of the property;Building. (3c) Upon prior reasonable notice to decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder except as otherwise expressly provided herein, so long as the Premises are reasonably accessible and usable. d) To prescribe the location and style of the suite number and identification sign or lettering furnish door keys for the premises occupied by entry door(s)in the tenant (which shall be prepared Premises on the Commencement Date and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instances, keys to all doors within and into the premises;Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord which consent shall not be unreasonably withheld or delayed Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises. (5e) To designate and approve all window coverings used in the Building. f) To approve the weight, size and location of heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such reasonable times and in such reasonable manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to the Permitted Use, of the Premises without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. The movement of Tenant's property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require written authorization from Tenant, in form and content reasonably satisfactory to Landlord, before allowing any property to be moved into or out of the Building or Premises. g) To regulate delivery of supplies and the usage of the loading docks, receiving areas and freight elevators. h) To enter the Premises in accordance with Section 14, and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for reoccupancy. i) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises. j) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service at in the propertyBuilding other than a competitor of Tenant. If Landlord elects to make available to tenants in the Building any services or supplies, whether or not it is arranges a master contract therefor, Tenant agrees to obtain its requirements, if any, therefor from Landlord or under any such contract, provided that the same or similar to the use permitted tenant by this lease;charges therefor are reasonably consistent with market rates. (6k) To have access for landlord and other tenants alter the layout, design and/or use of the property to any mail deposits located on Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the premises according to the rules character of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in Building as a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesfirst class office building is maintained.

Appears in 1 contract

Samples: Office Space Lease (Broadview Networks Holdings Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Property; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises at reasonable hours upon reasonable notice (except in the case of emergencies) for reasonable purposes, including inspection and supplying cleaning service or other services to be provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, insurers and prospective purchasers, tenants and brokers, and if Tenant shall abandon the Premises at any time, or shall vacate the same during the last three months of the Term, to decorate, remodel, repair or alter the Premises. May 7, 1999 (C) To use any and all means which Landlord deems proper to enter the Premises at any time in an emergency. (D) To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (E) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors. (F) To substitute for the Premises other premises (herein referred to as the "new premises") at the Property provided: (i) the new premises shall be exercised similar to the Premises in area and on a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment floor no lower than the 11th floor of the premisesBuilding, (ii) Landlord shall give Tenant at least thirty (30) days' written notice before making such change; and (iii) if Tenant shall already have taken possession of the Premises: (a) Landlord shall pay the direct, out-of-pocket, reasonable expenses of Tenant in moving from the Premises to the new premises (such as removing and reinstalling Tenant's furniture, fixtures, equipment and any Lines installed in accordance with Article 29 and the cost of a thirty day supply of letterhead and a reasonable number of business cards) and improving the new premises so that they are substantially similar to the Premises in quality, and (b) such move shall be made during evenings, weekends, or otherwise so as to incur the least convenience to Tenant. In such case, the parties shall execute an amendment to the Lease confirming the change within thirty (30) days after Landlord shall request the same. (G) To terminate this Lease upon written notice thereof if Tenant vacates all or a substantial portion of the Premises for more than sixty (60) consecutive days, or the failure to take possession of the Premises within sixty (60) days after the Commencement Date; In connection with entering the Premises to exercise any of the rights set forth in Paragraphs (A) through (F) of this Article, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant's on-site manager or other appropriate person (except in emergencies, or for routine cleaning or other routine matters), and (b) take reasonable steps to minimize any interference with Tenant's business. May 7, 1999

Appears in 1 contract

Samples: Office Lease (Art Technology Group Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the following rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable without notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsTenant: (1a) To change the name or street address of the propertyBuilding. Landlord to incur expenses required to replace Tenant's stationery and business cards. (b) To have pass keys to the Leased Premises; (2c) To install 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, and maintain signs on to establish their right to enter or leave, and to exclude or expel any peddler, solicitor or beggar at any time from the exterior and interior of Developed Parcel or the propertyBuilding; (3d) To prescribe approve the weight, size and location of safes, computers, and style other heavy articles or equipment in and about the Leased Premises and to require all such items and other office furniture and equipment to be moved to and out of the suite number Building only at such times and identification sign or lettering for the premises occupied by the tenant (which in such manner as Landlord shall be prepared direct and installed by landlord in all events at tenantTenant's expense)sole risk and responsibility; (4e) To retain Landlord may, at all timesits expense, and use relocate the Tenant's Leased premises within the Building to a space built out similar to Tenant's existing offices in appropriate instances, keys order to all doors within and into facilitate leasing of the premisesBuilding and/or construction and/or alterations of the Building; (5f) To grant to any person Landlord or its agents shall have the right to conduct any business or render any service enter the Leased Premises at reasonable times for the propertypurpose of inspecting the same, whether or not it is showing the same to prospective purchasers, lenders, or similar tenants, making such alterations, repairs, improvements or additions to the use permitted tenant by this lease;Leased Premises as Landlord may deem necessary or desirable. (g) Within six (6) To months prior to the date of the expiration of this Lease, Landlord or its agents shall have access the right to enter the Leased premises with reasonable notification at all reasonable times for landlord the purpose of exhibiting the Leased Premises to prospective tenants. (h) At any time after the completion of the Building, Landlord shall have the right to change the arrangement or location of such of the following as are not contained within the Leased Premises or any part thereof: entrances, signs, passageways, doors and doorways, corridors, stairs, toilets and other tenants like public service portions of the property to Building; providing, however, that in no event shall Landlord make any mail deposits located on change which shall diminish the premises according area of the Leased premises, make any change which shall interfere with the access to the rules Leased premises from and through the Building, or change the character of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate Building from fee title to the land underlying the samethat of a first-class office building. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.-14- 15

Appears in 1 contract

Samples: Lease Agreement (Regent Communications Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of Tenant Landlord -s- [ILLEGIBLE] -s- [ILLEGIBLE] entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's Premises for emergency use or enjoyment of the premisesonly.

Appears in 1 contract

Samples: Retail Lease (Nara Bancorp Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, exercisable, unless such rights are expressly inconsistent with any other provision of this leaseotherwise herein provided, exercisable with reasonable notice and without notice, without liability to tenant Tenant for damage or injury to property, person, property or business and Business, without effecting being deemed an eviction, constructive or actual, eviction or disturbance in any manner of tenantTenant's use or possession of the Property, and without relieving Tenant from its obligation to pay Rent when due, or giving rise from any other obligation hereunder to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the Building's name or the street address of the property; (2) To install thereof; install, affix and maintain any and all signs on the exterior and and/or interior of the property; (3) To prescribe Building; provided, however, Tenant shall have the location and style right, at all times during the Term of this Lease, at its own expense, to erect or cause to be erected such signs upon the Property as it deems desirable, except that no exterior hanging signs shall be so erected without the consent of the suite number Landlord, which consent shall not be unreasonably withheld. The erection and identification sign or lettering for the premises occupied by the tenant (which maintenance of any and all such signs shall be prepared in conformity with the requirements of law and installed by landlord local regulations; to display the Property to prospective tenants at tenant's expense); reasonable hours during the last four (4) To retain at all timesmonths of the Term; and, if the Property is vacant during the Term, to decorate, remodel, repair or otherwise prepare the Property for reoccupancy; to make repairs, alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and use any adjacent land, street or alley, so long as Landlord uses good faith efforts to maintain reasonable access to the Property for the Business of Tenant, and to minimize unreasonable interference with the conduct of Tenant's Business, as is in appropriate instancesthe least disruptive fashion reasonably available to Landlord, keys to all doors within and into provided further, that Landlord shall not materially alter the premises; (5) To grant to any person Property and/or the right to conduct any business or render any service Common Areas from the design existing at the propertyschematic design phase described in Exhibits A or B. Tenant, whether or not it is upon thirty (30) days' prior written notice, may terminate the same or similar to Term of this Lease if the use permitted tenant by this lease; foregoing activities render the Property untenantable for any thirty (630) To have access for landlord day period, and other tenants Rent shall equitable and proportionately abate if a portion of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in Property is rendered untenantable fox xxxh a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesperiod by such activities.

Appears in 1 contract

Samples: Office Lease Agreement (Starcraft Corp /In/)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (BA) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2B) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3C) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4D) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5E) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (F) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (G) to prohibit the placement of video or similar other electronic games in the Premises; (H) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (I) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (J) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (K) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (L) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.Premises

Appears in 1 contract

Samples: Sublease (Chemconnect Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but following rights exercisable without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business Tenant and without effecting an eviction, constructive or actual, or disturbance of tenantTenant's use or possession possession, or giving rise to any claim for set-set off or abatement of rent: (a) To control, install, affix and maintain any and all signs on the Property, or on the exterior of the Office Complex and in the corridors, entrances and other common areas thereof, except those signs within the Premises not visible from outside the Premises. (Bb) Changes To reasonably designate, limit, restrict and control any service in property Landlord reserves or to the following rights:Office Complex, including, whom limitation, the designation of sources from which Tenant may obtain sign painting and lettering. (1) To change the name or street address of the property; (2) To install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4c) To retain at all times, times and to use in appropriate instances, instances keys to all doors within and into the premises;Premises. No locks will be changed without the prior written consent of Landlord. (5d) To make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Office Complex, or any part thereof, and for such purposes to enter upon the Premises, and during the continuation of any of such work, to temporarily close doors, entryways, public spaces, and corridors in the Office Complex and to interrupt or temporarily suspend services and facilities. (e) To require that any vending or dispensing machines of any kind in or about the Premises be solely for the use of Tenant's employees and invitees, and be placed so as not to be visible from the exterior of the Office Space. (f) To approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and the Office Complex and to require all such items to be moved into and out of the Office Complex and the Premises only at such times and in such manner as Landlord will direct in writing. (g) To grant to any person anyone the exclusive right to conduct any particular business or render any service at undertaking in the propertyOffice Complex other than general office use, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord including, without limitation, banks, savings and loan associations, restaurants, cafeterias, candy and/or tobacco shops, and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesstores selling retail products.

Appears in 1 contract

Samples: Office Lease (Vitria Technology Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Ba) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building or the Project; (2b) To install to install, affix and maintain all signs on the exterior and interior of the property; Building and the Project; (3c) To prescribe to designate and approve prior to installation all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises; (d) to display the Premises and identification sign or lettering for the premises occupied by Building and the tenant Project to mortgagees, prospective mortgagees, prospective purchasers and ground lessors at reasonable hours upon reasonable advance notice to Tenant; (which e) to change the arrangement of entrances, doors, corridors, elevators and stairs in the Building and the Project, provided no such change shall be prepared and installed by landlord at tenant's expense); materially adversely affect access to the Premises; (4f) To retain at all times, and use in appropriate instances, keys to all doors within and into grant any party the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding or in the Project, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (g) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (h) to prohibit the placement of video or similar other electronic games in the Premises; (i) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building and the Project; (j) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (k) to install, operate and maintain security systems which monitor, by closed circuit television or otherwise, all persons entering or leaving the Building or the Project; (1) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building or the Project; and (m) to retain at all times master keys or pass keys to the land underlying Premises. In addition to the same. These rights apply provided that all provisions of Article 10, Landlord will have the right to designate the design, arrangement, style, color and general appearance of the actions permitted portion of landlord under the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times, have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in first class office buildings in the area; any violation of this paragraph (B) provision shall be exercised in deemed a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment material breach of the premisesthis Lease.

Appears in 1 contract

Samples: Office Lease (Clayton Holdings Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following --------------------------- rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-set- off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises, (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but following rights exercisable without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business Tenant and without effecting an eviction, constructive or actual, or disturbance of tenant's Tenant’s use or possession possession, or giving rise to any claim for set-off setoff or abatement of rent: (a) Subject to Section 1.3 hereof, to control, install, affix and maintain any and all signs on the Office Complex, or on the exterior of the Office Complex, or in the corridors, entrances and other common areas of the Building, except those signs within the Premises not visible from outside the Premises. (Bb) Changes To reasonably designate, limit, restrict and control any service in property Landlord reserves or to the following rights:Office Complex, including, without limitation, the designation of sources from which Tenant may obtain sign painting and lettering; provided, however, that Landlord’s exercise of its rights under this Section 7.1(b) may not materially adversely affect Tenant’s conduct of its business in the Premises or Tenant’s ingress or egress to and from the Premises and the Office Complex and shall be applied to Tenant in a manner that is not discriminatory vis-à-vis the application of the same to any other tenant of the Building. (1c) To change the name or street address of the property; (2) To install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expenseSubject, in all respects, to Section 5.1(i); (4) To , to retain at all times, times and to use in appropriate instancesinstances (or, in the case of Tenant’s designated secure areas, in emergencies only) keys to all doors within and into the premises;Premises. No locks will be changed without notice thereof to Landlord. (5d) To make repairs, alterations, additions, or improvements (exclusive of cosmetic changes to the Premises), whether structural or otherwise, in and about the Office Complex, or any part thereof, and for such purposes to enter upon the Premises, and during the continuation of any of such work, to temporarily close doors, entryways, public spaces, and corridors in the Office Complex and to interrupt or temporarily suspend services and facilities; provided, however, that any such repairs, alterations, additions or improvements performed by or on behalf of Landlord will be performed at reasonable times and in a reasonable manner so as to minimize any adverse effects thereof on the Premises or Tenant’s conduct of its business therein (including Tenant’s access to the Premises and its use of the Parking Area as permitted pursuant to this Lease). (e) To require that any vending or dispensing machines of any kind in or about the Premises be solely for the use of Tenant’s employees and invitees, and be placed so as not to be visible from the exterior of the Premises. (f) To approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and the Office Complex (consistent with the floor loading specifications of the Base Building), and to require all such items to be moved into and out of the Office Complex and the Premises only at such times and in such manner as Landlord will direct in writing. (g) To grant to any person anyone the exclusive right to conduct any particular business or render any service at undertaking in the propertyOffice Complex other than general office use, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord including, without limitation, banks, savings and loan associations, restaurants, cafeterias, candy and/or tobacco shops, and other tenants stores selling retail products; provided, however, that Landlord may not thereby materially adversely affect Tenant’s conduct of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests its business in the property separate from fee title to the land underlying the same. These rights apply Premises; and provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised further, however, that, at Tenant’s request, Landlord and Tenant will cooperate with each other, in a reasonablegood faith and reasonable manner, nondiscriminatory fashion and in a manner that so as to permit Tenant to make in-office banking or other amenity arrangements for its employees, so long as such arrangements will not unduly interfere with tenant's use or enjoyment of the premisesadversely affect Landlord.

Appears in 1 contract

Samples: Office Lease (Depomed Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of exterior signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises which approval shall not be unreasonably withheld, conditioned or delayed, and identification sign provided that notwithstanding anything to the contrary in this Lease, Tenant shall not be required to obtain Landlord’s approval for any promotional or lettering advertising signs or displays located within the interior of the Premises, and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (iv) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the right exclusive fight to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying Premises; (xiii) to establish and, from time to time, to change, alter and amend, and to enforce, against Tenant and the same. These rights apply provided that all other users of the actions permitted of landlord under this paragraph (B) shall common areas, including automobile parking areas and structures, the parking spaces therein, driveways, entrances and exits and the sidewalks and pedestrian passageways, such reasonable rules and regulations as may be exercised in a reasonable, nondiscriminatory fashion deemed necessary or advisable by Landlord for the proper and in a manner that will not unduly interfere with tenant's use or enjoyment efficient operation and maintenance of the premises.common areas

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; provided that same are installed and maintained along exterior walls of the Premises and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (All American Pet Company, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article X, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in first class office buildings in the tenant (which area. Any violation of this provision shall be prepared deemed a material breach of this Lease; (iv) to display the Premises and/or the Building to mortgagees, prospective mortgagees, prospective purchasers and installed by landlord ground lessors at tenant's expense); reasonable hours upon reasonable advance notice to Tenant; (4v) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5vi) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vii) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (viii) to prohibit the placement of video or similar other electronic games in the Premises; (ix) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (x) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (xi) to install, operate and maintain security systems which monitor, by closed circuit television or otherwise, all persons entering or leaving the Building; (xii) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xiii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (Echo Therapeutics, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general addition to all other rights, Landlord reserves full control over has the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant for damage or injury to property, person, or business Tenant and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or and without giving rise right to any claim for set-set off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent: (1a) To decorate and to make repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof (except the Premises without first obtaining the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayed), and, subject to obtaining Tenant's consent, for such purposes to enter upon the Premises and during the continuance of any of said work to temporarily close doors, entryways, public space, and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the name number of floors, the size, dimensions, arrangement, and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other Interior Common Facilities or Common Areas, so long as the Premises are reasonably accessible and provided that Landlord uses commercially reasonable efforts to prevent any material disruption in the conduct of Tenant's business in the propertyPremises; (2b) To install and maintain signs on change, rearrange, add to, or subtract from the exterior and interior of Common Areas, provided Tenant shall always have adequate access to the propertyPremises; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5c) To grant to any person anyone the exclusive right to conduct any business or render any service at the property, whether in or not it is the same or similar to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted tenant by this leaseherein; (6d) To have access for landlord approve the weight, size, and location of safes and other tenants heavy equipment and articles in and about the Premises and the Building, and to require all such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any such property to any mail deposits located on the premises according to the rules be moved into or out of the United States Postal ServiceBuilding; (7e) To grant easements and licenses to others; andprohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord; (8) f) To maintain take all such reasonable measures as Landlord may deem advisable for the security of the Building and its occupants, including without limitation, the search of all persons entering or create ownership interests in leaving the property separate from fee title Building, the evacuation of the Building for cause, suspected cause, or for drill purposes, the temporary denial of access to the land underlying Building, and the same. These rights apply provided that all closing of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.Building after regular working hours;

Appears in 1 contract

Samples: Office Lease Agreement (FBR Capital Corp /Nv/)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Tenant Space or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building and/or the Property; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building and/or the Property (3but not within the Premises); (iii) To prescribe subject to the location terms of Section 17.16, to display the Tenant Space, the Building and/or the Property to mortgagees, prospective mortgagees, prospective purchasers and style ground lessors, and prospective lessees at reasonable hours (but only to such prospective lessees during the last year of the suite number Term of this Lease); (iv) to change the arrangement of entrances, doors, corridors, elevators and/or stairs in the Building and/or the Property; (v) to install, operate and identification sign maintain systems which monitor, by closed circuit television or lettering for otherwise, all persons entering or leaving the premises occupied by Building and/or the tenant Property; (vi) to maintain and replace pipes, ducts, conduits, wires and structural elements located in the Tenant Space and which shall be prepared and installed by landlord at tenant's expenseserve other parts or other tenants or occupants of the Building and/or Property (subject to Section 8.1, above); ; (4vii) To to retain at all times, and use in appropriate instances, times master keys or pass keys to all doors within and into the premises; Tenant Space; (5viii) To grant to any person the exclusive right to conduct create any additional improvements to structural and/or mechanical systems, interior and exterior walls and/or glass, which Landlord deems necessary without the prior consent of Tenant; and (ix) the absolute right to lease space in the Building and the Property and to create such other tenancies in the Building and the Property as Landlord, in its sole business or render any service at judgment, shall determine is in the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants best interests of the property Property (and Landlord does not represent and Tenant does not rely upon any specific type or number of tenants occupying any space in the Building and the Property during the Term of this Lease. In any event, Landlord shall exercise its rights under this Section 17.17 so as not to any mail deposits located on the premises according materially impair Tenant’s access to the rules or use of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesTenant Space.

Appears in 1 contract

Samples: Turn Key Datacenter Lease (Equinix Inc)

RIGHTS RESERVED BY LANDLORD. (Aa) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentexplicitly retains all rights, useincluding, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof except as otherwise expressly set forth herein, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession or giving of the Premises and shall not give rise to any claim for set-off setoff or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1i) To change the name or street address of the property;Building; to give the Project any name or names that Landlord may choose and to change such name(s) from time to time at Landlord’s sole discretion; Landlord may give a name to the Project without giving a separate name to the Building. (2ii) To install install, affix and maintain any and all signs on the exterior and on the interior of the property;Building. (3iii) To prescribe decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the location Building, or any part thereof, and style for such purposes to enter upon the Premises, and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable. (iv) To furnish door keys or entry cards for the entry door(s) in the Premises at the commencement of the suite number Lease and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instances, keys or entry cards to all doors within and into the premises;Premises. Xxxxxx agrees not to change locks, and not to affix locks on doors without the prior written consent of the Landlord. Keys shall be supplied by Landlord at its cost. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises. (5v) To grant to any person designate and approve all window coverings used in the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease;Building. (6vi) To regulate delivery of supplies and the usage of the loading docks, receiving areas and freight elevators in a manner consistent with the standards for first class office buildings in Philadelphia Pennsylvania. (vii) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at locations not unreasonably interfering with Xxxxxx’s use and occupancy of the Premises. (viii) To alter the layout, design and/or use of the Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the character of the Building as a first class office building is maintained. (ix) To have access the exclusive use and control of: (a) roofs, (b) telephone, electrical and janitorial closets, (c) equipment rooms, Building risers or similar areas and facilities that are used by Landlord for landlord and other tenants the provision of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; Building services, (7d) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title rights to the land underlying and improvements below the same. These rights apply provided that all floor of the actions permitted of landlord under this paragraph Premises, (Be) shall be exercised in a reasonablethe improvements and air rights above the Premises, nondiscriminatory fashion (f) the improvements and in a manner that will not unduly interfere with tenant's use or enjoyment air rights outside the demising walls of the premisesPremises, and (g) the areas within the Premises used for the installation of utility lines and other installations serving occupants of the Building, provided Tenant shall have access to such areas to the extent reasonably necessary (e.g. telecommunication cabling).

Appears in 1 contract

Samples: Assignment of Lease (RAIT Financial Trust)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building, (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for Premises; (iv) to change the premises occupied by arrangement of entrances, doors, corridors, elevators and/or stairs in the tenant Building, provided no such change shall materially adversely affect access to the Premises; (which shall be prepared and installed by landlord at tenant's expense); (4v) To retain at all times, and use in appropriate instances, keys to all doors within and into grant any party the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; Post Office; (7ix) To grant easements to close the Building after normal business hours, except that Tenant and licenses its employees and invitees shall be entitled to othersadmission at all times under such rules and regulations as Landlord prescribes for security purposes; and (8) To x) to install, operate and maintain security systems which monitor, by close circuit television or create ownership interests otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the property separate from fee title Premises which serve other parts or other tenants of the Building provided such installation does not interfere with Tenant's use of the Premises; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Industrial Lease (Apertus Technologies Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property Except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoymentcontrary in this Lease, use, and access Landlord hereby expressly reserves all rights related to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesPremises, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises Building and the slab of the floor or roof of the property thereaboveProperty, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularlyincluding, but without limitation, landlord shall have not limited to the rights enumerated in paragraphs right: (Bi) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; Building and/or the Property; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; (3) To prescribe Building and/or the location and style Property, provided that Landlord shall not install, affix, display or maintain any signs, advertisements or notices not required by Applicable Law that identify Tenant or any other member of the suite number Tenant Group, on or within the Building and/or the Property without Tenant's prior written consent, which consent may be granted or withheld in Tenant's sole and identification sign absolute discretion; (iii) to change, from time to time, the dimensions, configurations and locations of the Common Areas, and/or to otherwise make such alterations to the Building as Landlord deems desirable; (iv) to install, operate and maintain systems which monitor, by closed circuit television or lettering for otherwise, all persons entering or leaving the premises occupied by Building and/or the tenant Property; (v) to maintain pipes, ducts, conduits, wires and structural elements located in the Tenant Space as of the Commencement Date and which shall be prepared serve other parts or other tenants or occupants of the Building and/or the Property; (vi) to create any additional improvements to structural and/or mechanical systems, interior and installed by landlord at tenant's expense); exterior walls and/or glass; and (4vii) To retain at all timesto lease space in the Building and the Property, and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and create such other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests tenancies in the property separate from fee title to Building and the land underlying the same. These rights apply Property as Landlord shall desire, provided that that, in all of the actions permitted of landlord under this paragraph such events, Landlord shall not: (Ba) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly unreasonably interfere with tenantTenant's use or enjoyment of occupancy of, or access to, the premisesTenant Space in accordance with the Permitted Use, or (b) otherwise materially increase Tenant obligations or materially decrease Tenant's rights under the Lease Documents.

Appears in 1 contract

Samples: Datacenter Lease (Rackspace Hosting, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rentRent or any other claim except as otherwise expressly provided herein: Notwithstanding anything to the contrary contained in this Lease, any changes, additions or alterations by Landlord shall not (i) impair access to, visibility of, or frontage of, the Demised Premises or (ii) materially affect the conduct of Tenant's customary business therein. a) Upon sixty (B60) Changes in property Landlord reserves the following rights: (1) To days prior notice to change the name or street address of the property;Building. (2b) To install install, affix and maintain any and all signs on the exterior and on the interior of the property;Building. (3c) Upon prior reasonable notice to decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder except as otherwise expressly provided herein, so long as the Premises are reasonably accessible and usable. d) To prescribe the location and style of the suite number and identification sign or lettering furnish door keys for the premises occupied by entry door(s) in the tenant (which shall be prepared Premises on the Commencement Date and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instances, keys to all doors within and into the premises;Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord which consent shall not be unreasonably withheld or delayed Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises. (5e) To designate and approve all window coverings used in the Building. f) To approve the weight, size and location of heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such reasonable times and in such reasonable manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to the Permitted Use, of the Premises without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. The movement of Tenant's property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require written authorization from Tenant, in form and content reasonably satisfactory to Landlord, before allowing any property to be moved into or out of the Building or Premises. g) To regulate delivery of supplies and the usage of the loading docks, receiving areas and freight elevators. h) To enter the Premises in accordance with Section 14, and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy. i) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises. j) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service at in the propertyBuilding other than a competitor of Tenant. If Landlord elects to make available to tenants in the Building any services or supplies, whether or not it is arranges a master contract therefor, Tenant agrees to obtain its requirements, if any, therefor from Landlord or under any such contract, provided that the same or similar to the use permitted tenant by this lease;charges therefor are reasonably consistent with market rates. (6k) To have access for landlord and other tenants alter the layout, design and/or use of the property to any mail deposits located on Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the premises according to the rules character of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in Building as a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesfirst class office building is maintained.

Appears in 1 contract

Samples: Office Space Lease (Broadview Networks Holdings Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1a) To change the name or street address of the propertyBuilding; (2b) To install The exclusive right to use the name of the Building for all purposes, except that Tenant may use the name on its business address and for no other purpose; c) Subject to Section 14, to install, affix and maintain any and all signs on the exterior and on the interior of the propertyBuilding or the Property; d) Subject to Section 17, to decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof (3other than the Premises, and for such purposes Landlord shall not be permitted to enter upon the Premises except as set forth in Section 17 above), and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of Common Facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable; e) To prescribe the location and style of the suite number and identification sign or lettering furnish door keys for the premises occupied by entry door(s) in the tenant (which shall be prepared Premises on the Commencement Date and installed by landlord at tenant's expense); (4) To to retain at all times, and to use in appropriate instances, keys to all doors within and into the premisesPremises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks on doors into the Premises, and not to affix locks on doors into the Premises without the prior written consent of Landlord. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys on doors into the Premises to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises; (5f) To grant to any person designate and approve all window coverings used in the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this leaseBuilding; (6g) To have access for landlord approve the weight, size and location of safes, vaults and other tenants heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the property to any mail deposits located on Building and Premises only at such times, in such manner and upon such terms as Landlord shall direct in writing; h) To regulate delivery of supplies and the premises according to the rules usage of the United States Postal Serviceloading docks, receiving areas and freight elevators; (7i) To grant easements erect, use and licenses to othersmaintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises; j) To alter the layout, design and/or use of the Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the character of the Building as a first class office building is maintained; and (8) To maintain k) Subject to Section 15(c), the exclusive right to use or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all dispose of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesroof of the Building.

Appears in 1 contract

Samples: Office Space Lease (Worldgate Communications Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Building or giving rise to any claim for set-off or abatement of rent. Rent: (BA) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2B) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3C) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Building and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Building visible from the exterior, and contents thereof, including without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of Building having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area, and any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4D) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Building; (5E) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Building for the purposes permitted under this Lease; (F) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Building other than for use by Tenant’s employees; (G) to prohibit the placement of video or similar other electronic games in the Building; (H) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Building according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (I) to close the Building after Business Hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (J) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (K) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Building which serve other parts or other tenants of the Building; and to retain at all times master keys or pass keys to the land underlying the sameBuilding. These rights apply provided that all Any violation of this provision shall be deemed a material breach of this Lease. [Remainder of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.page intentionally left blank; Signature page follows]

Appears in 1 contract

Samples: Office Lease Agreement

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Ba) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (d) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5e) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (g) to prohibit the placement of video or similar other electronic games in the Premises; (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (l) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all Any violation of the actions permitted of landlord under this paragraph (B) provision shall be exercised in deemed a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment material breach of the premisesthis Lease.

Appears in 1 contract

Samples: Office Lease (Treaty Oak Bancorp Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's Premises for emergency use or enjoyment of the premisesonly.

Appears in 1 contract

Samples: Retail Lease (Nara Bancorp Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general 22.01 Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: a. To (1i) To change the name or street address of the property; Property or designation of the Premises; (2ii) To install and maintain signs on and about the exterior Property, and interior of grant any other Person the property; right to do so; (3iii) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; Premises; (5iv) To grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or are similar to the use permitted tenant Tenant by this lease; Lease; (6v) To have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;Service (and to install or remove such chutes); and (vi) in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof: (a) limit or prevent access to the Property; (b) shut down elevator service; (c) activate elevator emergency controls; and (d) otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants of the Property or the protection of the Property and other property located thereon or therein (but this provision shall impose no duty on Landlord to take such actions, and no liability for actions taken in good faith). b. Subject to the last sentence of this Paragraph, to: (7i) To grant easements paint and licenses decorate; (ii) perform repairs or maintenance; and (iii) make replacements, restorations, renovations, alterations, additions and improvements, structural or otherwise, in and to othersthe Property or any part thereof, including any adjacent building, structure, facility, land, street or alley, or change the uses thereof (other than Tenant's permitted use under this Lease), including changes, reductions or additions of corridors, entrances, doors, lobbies, parking facilities and other areas, structural support columns and shear walls, elevators, stairs, escalators, mezzanines, solar tint windows or film, kiosks, planters, sculptures, displays, and other amenities and features therein, and changes relating to the connection with or entrance into or use of the Property or any other adjoining or adjacent building or buildings, now existing or hereafter constructed. In connection with such matters, Landlord may erect scaffolding, barricades and other structures, open ceilings, close entry ways, restrooms, elevators, stairways, corridors, parking and other areas and facilities, and take such other actions as Landlord deems appropriate. However, Landlord shall: (a) maintain reasonable access to the Premises; andand (b) in connection with entering the Premises, comply with the aforementioned sentence. c. Upon reasonable notice to Tenant (8) To maintain or create ownership interests the "Relocation Notice"), to relocate Tenant to different premises in the property separate from fee title Building (the "Substitute Premises"), provided that the Substitute Premises are of approximately the same size and finish as the Premises, and provided that Landlord reimburses Tenant for all reasonable out-of-pocket moving expenses incurred by Xxxxxx as a result of such relocation. Tenant shall relocate to the land underlying Substitute Premises within the same. These rights apply provided that all of time set out in the actions permitted of landlord under this paragraph (B) Relocation Notice, which shall be exercised in at a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.minimum five

Appears in 1 contract

Samples: Office Lease

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with Without limiting any other provision of this leaserights reserved unto Landlord, Landlord has the following rights, exercisable with reasonable without notice to Tenant and without liability to tenant for damage or injury to property, person, or business and without effecting causing an eviction, eviction (constructive or actual, ) or disturbance of tenantTenant's use or possession or of the Premises and without giving rise to any claim for set-off setoff or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1i) To to change the Building's name or street address of the propertyaddress; (2ii) To to install and maintain signs on the exterior and interior of the propertyBuilding or on the Property; (3iii) To prescribe to enter upon the location Premises at reasonable hours to inspect, make repairs or alterations (without implying any obligation to do so) and style to show the Premises to prospective lenders, purchasers and Tenants and, if the Premises are vacated, to prepare them for re-occupancy and in connection therewith, retain and use in appropriate instances keys to all doors into and within the Premises (Tenant will not change or add locks without the prior written consent of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expenseLandlord); (4iv) To retain at to decorate and to make repairs, alterations, additions or improvements (whether structural or otherwise) to and about the Building and the Property and, for such purposes, to enter upon the Premises, to temporarily close doors, entryways, public space and corridors in the Building or the Property, to temporarily suspend building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other Common Areas, all times, without abatement of rent or impairing Tenant's obligations so long as the Premises remain reasonably accessible and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the right to conduct any business or render any service at the property, whether or not it is the same or similar to fit for the use expressly permitted tenant by in this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to othersLease; and (8) To maintain or create ownership interests v) to do and perform such acts in the property separate from fee title and to the land underlying those areas or parts of the same. These rights apply provided that Building and the Property which are designed from time to time by Landlord for use in common by all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment Tenants of the premisesProperty (“Common Areas”) as Landlord, in its business judgment, shall determine to be advisable; and without limiting the foregoing or other provisions of this Lease, Landlord hereby reserves the right to make alterations, additions, deletions or changes including, but not limited to changes in size and configuration of the Common Areas. The Property includes the following building amenities (collectively, the “Amenities”): a fitness center, 5th floor event space, rooftop lounge and conference rooms. With the exception of the fitness center, Tenant and its employee shall have the right to use the Amenities free of charge. Tenant and its employees may use the fitness center at a rate of $25 per month for each employee. Tenant may also reserve the 5th floor event space on a first come, first serve basis, at Landlord’s standard charge therefor. Landlord shall also provide access to the Property and the Premises 24 hours a day, 7 days a week and shall ensure the front desk to be staffed, at a minimum, from 3:30p.m-11:30pm, Monday through Friday.

Appears in 1 contract

Samples: Lease Agreement

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent; (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises for use by other than Tenant's employees; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all Additional provisions are set forth in Insert No. 8 of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesRider.

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

RIGHTS RESERVED BY LANDLORD. In addition to all other rights, Landlord (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab Association and other owners of property within the floor or roof of Project, as applicable) has the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant for damage or injury to property, person, or business Tenant and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or and without giving rise right to any claim for set-set off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1a) To decorate and to make repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and during the continuance of any of said work to temporarily close doors, entryways, public space, and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the name number of floors, the size, dimensions, arrangement, and location of entrances or street address of passageways, doors and doorways, corridors, elevators, stairs, toilets, or other interior Common Facilities or Building Common Areas, so long as the propertyPremises are reasonably accessible; (2b) To install change, rearrange, add to, or subtract from the Building Common Areas or Project Common Areas, provided Tenant shall always have adequate access to the Premises and maintain signs on the exterior and interior of the property;parking rights described in Section 1.1 (l) ----------- - (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5c) To grant to any person anyone the exclusive right to conduct any business or render any service at the property, whether in or not it is the same or similar to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted tenant by this leaseherein; (6d) To have access for landlord approve the weight, size, and location of safes and other tenants heavy equipment and articles in and about the Premises and the Building, and to require all such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any such property to any mail deposits located on the premises according to the rules be moved into or out of the United States Postal ServiceBuilding; (7e) To grant easements and licenses to others; andprohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord; (8) f) To maintain take all such reasonable measures as Landlord may deem advisable for the security of the Building and its occupants, including without limitation, the search of all persons entering or create ownership interests leaving the Building, the evacuation of the Building for cause, suspected cause, or for drill purposes, the temporary denial of access to the Building, and the closing of the Building after regular working hours; (g) To relocate the Premises to another location of substantially equivalent size and location in the property separate from fee title Building provided such relocation does not increase the Minimum Monthly Rent or other costs payable by Tenant under this Lease. If Landlord elects to move Tenant, Landlord shall build out or renovate the new location with Leasehold Improvements at the new location substantially equal to Leasehold Improvements constructed or to be constructed on the original Premises pursuant to Exhibit B and Landlord will pay Tenant's reasonable costs --------- of moving to the land underlying the samenew location, including incidental costs such as reprinting stationery and new signage, but Landlord will have no other or additional liability to Tenant with respect to relocation, including, loss of revenues or profits. These rights apply provided that all Reservation of the actions permitted of landlord under rights set forth in this paragraph (B) Article shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use impose no obligation or enjoyment of the premisesduty upon Landlord to exercise said rights.

Appears in 1 contract

Samples: Office Lease Agreement (United Panam Financial Corp)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises Except as expressly provided in this lease. Possession of areas necessary for utilitiesherein, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with Landlord reserves the right to installcontrol the Property including, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; Building (2) To provided that Landlord will not rename the Building with the name of a direct competitor of Tenant); install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign Property or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To any part thereof; retain at all times, and use in appropriate instancesinstances as permitted under this Lease, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease;Lease. (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises upon reasonable prior notice (except in the event of emergency) during Tenant’s business hours to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, and if Tenant shall abandon the Premises at any time for more than 30 consecutive days, or shall vacate the same during the last three (3) months of the Term, to decorate, remodel, repair, or alter the Premises. (C) To temporarily limit or prevent access to the Property or any part thereof or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and to any adjacent building, structure, parking facility, land, street or alley. In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may, upon reasonable prior notice to Tenant, enter upon the Premises at reasonable hours and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may temporarily close public entry ways, other public areas, restrooms, stairways or corridors and Tenant agrees to pay Landlord for overtime and similar expenses incurred if such work is done other than during ordinary business hours at Tenant's request. (E) Intentionally deleted. (F) To install, use and maintain in and through the Premises pipes, conduits, wires, ducts or mechanical installations serving the Property. Tenant agrees that there shall be exercised no construction of partitions or other obstructions which might interfere with the moving or the servicing of equipment of Landlord to or from the enclosures containing such installations and Tenant further agrees that neither Tenant, nor its servants, employees, agents, visitors, licensees, or contractors shall at any time tamper with, adjust, or otherwise in any manner affect Landlord's mechanical installations. (G) To take any other action which Landlord deems reasonable in connection with the operation, maintenance, marketing, or preservation of the Building or the Property. In connection with entering the Premises to exercise any of the foregoing rights, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant's on-site manager or other appropriate person (except in emergencies, or for routine cleaning or other routine matters), and (b) take reasonable steps to minimize any interference with Tenant's business. Exercise of any of the foregoing rights shall not constitute a reasonableconstructive eviction or entitle Tenant to abatement of Rent, nondiscriminatory fashion damages or other claims of any kind. Landlord shall have a copy of all keys to all doors within and in a manner that into the Premises. No locks will be changed without the prior written consent of Landlord, which consent will not unduly interfere with tenant's use be unreasonably withheld or enjoyment of the premisesdelayed.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Xiii L P)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated following rights, each of which Landlord may exercise without notice to Tenant, except as provided to the contrary below or elsewhere in paragraphs (B) through (F)the Lease, unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1a) To change the name or street address of the propertyBuilding and the Project upon no less than ninety (90) prior written notice to Tenant of any changes; (2b) The exclusive right to use the name of the Building and the Project for all purposes, except that Tenant may use the name on its business address and for no other purpose; c) To install install, affix and maintain any and all signs on the exterior and on the interior of the property; Building or the Property (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenantsubject to Tenant's expenserights as set forth in Section 14 above); (4d) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the buildings, or any part thereof, and for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of Common Facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable and the services provided by Landlord hereunder are not unreasonably delayed or interfered with; e) To furnish door keys for the entry door(s) in the Premises on the Commencement Date and to retain at all times, and to use in appropriate instances, keys to all doors within and into the premisesPremises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord which consent shall not be unreasonably withheld or delayed. Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises; (5f) To designate and approve all window coverings used in the Premises; g) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times, in such manner and upon such terms as Landlord shall direct in writing; h) To regulate delivery of supplies and the usage of the loading docks, receiving areas and freight elevators; i) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, behind the walls and columns or above the ceiling of the Premises; j) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service at in the propertyBuilding or on the Property, whether provided, however, such reservation shall not prohibit Tenant from obtaining services from any particular service provider; k) To alter the layout, design and/or use of the Building and the Project in such manner as Landlord, in its sole discretion, deems appropriate, so long as the character of the Building as a first class office building is maintained; and, l) The exclusive right to use or not it is the same or similar to dispose of the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules roof of the United States Postal Service; (7) To grant easements and licenses Building provided, however, Tenant shall have the right to others; and (8) To maintain or create ownership interests in access the property separate from fee title to the land underlying the same. These rights apply provided that all roof of the actions permitted Building for the installation, operation and maintenance of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion communication equipment on such terms and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesconditions as Landlord may reasonably prescribe from time to time.

Appears in 1 contract

Samples: Office Space Lease (Viasys Healthcare Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Without abatement or diminution in rent, Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated following additional rights: (a) To change the street address and/or the name of the building and/or the location of entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or other public parts of the building, or to change the location of the demised premises, without liability to Tenant. (b) To approve in paragraphs (B) through (F)writing all signs and all sources furnishing sign painting and lettering, unless such rights are expressly inconsistent with drinking water, towels and toilet supplies or other like services used in the demised premises and to approve all sources furnishing cleaning services, construction work, painting, decorating, repairing, maintenance and any other provision work in or about the demised premises. (c) To enter the demised premises at all reasonable times (i) for the making of inspections, decorations, alterations, improvements and repairs, as Landlord may deem necessary or desirable, (ii) to exhibit the premises to prospective purchasers or lessees of the building at any time and to others during the last nine (9) months of the term or extended term of this lease, exercisable (iii) for any purpose whatsoever relating thereto or to the safety, protection or preservation of the demised premises or of the building or of Landlord’s interest, and (iv) to take material into and upon said premises in connection therewith. (d) At any time or times Landlord either voluntarily or pursuant to governmental requirement, may at Landlord’s own expense, make repairs, alterations or improvements in or to the building or any part thereof, and during alterations may close entrances, doors, windows, corridors, elevators or other facilities, provided that such acts shall not unreasonably interfere with reasonable notice Tenant’s use and occupancy of the premises as a whole. (e) To erect, use and maintain pipes and conduits in and through the demised premises. (f) To charge to Tenant any expense, including overtime cost, incurred by Landlord in the event that repairs, alterations, decorating or other work in the premises are made or done after ordinary business hours at Tenant’s request. (g) If during the last six (6) months of the term, Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may immediately enter and alter, renovate and redecorate the premises without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off the reduction or abatement of rentrent or incurring any liability to Tenant for compensation. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; (2) To install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5h) To grant to any person anyone the exclusive right to conduct any particular business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests undertaking in the property separate from fee title to the land underlying the samebuilding. These rights apply provided that Landlord may exercise any or all of the actions permitted foregoing rights hereby reserved to Landlord without being deemed guilty of landlord under this paragraph (B) shall be exercised in a reasonablean eviction, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's actual or constructive, or disturbance or interruption of Tenant’s use or enjoyment possession and without being liable in any manner toward Tenant and without limitation or abatement of the premisesrent or other compensation, and such acts shall have no effect on this lease.

Appears in 1 contract

Samples: Lease Rider (Tetragenex Pharmaceuticals, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or of street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (Deja Foods Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Tenant Space or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building and/or the Property; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building and/or the Property; (3iii) To prescribe subject to the location terms of Section 17.16, to display the Tenant Space, the Building and/or the Property to mortgagees, prospective mortgagees, prospective purchasers and style ground lessors, and prospective lessees at reasonable hours; (iv) to change the arrangement of entrances, doors, corridors, elevators and/or stairs in the Building and/or the Property, and/or to make such alterations to the Building as Landlord deems desirable; (v) to install, operate and maintain systems which monitor, by closed circuit television or otherwise, all persons entering or leaving the Building and/or the Property; (vi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Tenant Space and which serve other parts or other tenants or occupants of the suite number and identification sign or lettering for Building and/or the premises occupied by the tenant Property; (which shall be prepared and installed by landlord at tenant's expense); (4vii) To to retain at all times, and use in appropriate instances, times master keys or pass keys to all doors within and into the premises; Tenant Space; (5viii) To grant to any person the exclusive right to conduct create any additional improvements to structural and/or mechanical systems, interior and exterior walls and/or glass, which Landlord deems necessary without the prior consent of Tenant; and (ix) the absolute right to lease space in the Building and the Property and to create such other tenancies in the Building and the Property as Landlord, in its sole business or render any service at judgment, shall determine is in the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants best interests of the property Property (and Landlord does not represent and Tenant does not rely upon any specific type or number of tenants occupying any space in the Building and the Property during the Term of this Lease). Notwithstanding the foregoing, Landlord’s ability to any mail deposits located exercise its rights pursuant to clauses (iv), (vi) and (viii), above, shall be conditioned upon such exercise by Landlord not having a material adverse effect on Tenant’s or the premises according to the rules Permitted Licensees’ use or occupancy of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Master Datacenter Lease (Telx Group, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following ---------------------------- rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-set- off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign general appearance of the portion of the Premises visible from the exterior, or lettering the interior glass, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits boxes located in or on the premises Premises according to the rules of the United States Postal Service; Post Office; (7ix) To grant easements to close the Building after normal business hours, except that Tenant and licenses its employees and invitees shall be entitled to othersadmission at all times under such rules and regulations as Landlord prescribes for security purposes; and (8) To x) to install, operate and maintain security systems which monitor all persons entering or create ownership interests leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the property separate from fee title Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (Igate Capital Corp)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; Property (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expensesubject to Tenant’s rights set forth in Article 37); (4) To ; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises at reasonable hours for reasonable purposes, including inspection and supplying cleaning service or other services to be provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, at reasonable hours, and if Tenant shall be exercised in a reasonableabandon the Premises at any time, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment shall vacate the same during the last 3 months of the premisesTerm, to decorate, remodel, repair, or alter the Premises. (C) To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors, provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s business to the extent practical. In connection with entering the Premises to exercise any of the foregoing rights, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant’s on-site manager or other appropriate person (except in emergencies, or for routine cleaning or other routine matters), and (b) take reasonable steps to minimize any interference with Tenant’s business.

Appears in 1 contract

Samples: Office Lease (NGTV)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for Premises; (iv) to change the premises occupied by arrangement of entrances, doors, corridors, elevators and/or stairs in the tenant Building, provided no such change shall materially adversely affect access to the Premises; (which shall be prepared and installed by landlord at tenant's expense); (4v) To retain at all times, and use in appropriate instances, keys to all doors within and into grant any party the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; Post Office; (7ix) To grant easements to close the Building after normal business hours, except that Tenant and licenses its employees and invitees shall be entitled to othersadmission at all times under such rules and regulations as Landlord prescribes for security purposes; and (8) To x) to install, operate and maintain security systems which monitor, by close circuit television or create ownership interests otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the property separate Premises which serve other parts or other tenants of the Building; but Landlord will use reasonable efforts to minimize interference with Tenant's operations, however, Landlord shall have no liability for any such interference unless resulting from fee title the willful actions of Landlord; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Industrial Lease (Brightpoint Inc)

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RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Ba) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the exterior of the Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, equipment, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of Premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (d) to change the location and style or any other tenant, the arrangement, size, character, use or location of entrances or passageways, doors, doorways, corridors, elevators, escalators, stairs, landscaping, toilets or any other part of the suite number Building, or to change common area to tenant space and identification sign or lettering for tenant space to common area; (e) to grant any party the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (g) to prohibit the placement of video or similar other electronic games in the Premises; (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or exiting the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (l) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all None of the actions permitted foregoing shall result in any liability of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesLandlord to Tenant.

Appears in 1 contract

Samples: Office Lease (Daily Journal Corp)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent: (1a) To to change the name or street address of the property; Building; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building (3but only to the extent that Landlord does not reduce or alter Tenant's signage rights elsewhere set forth in this Lease); (c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article 9, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4d) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5e) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees, guests and invitees; (g) to prohibit the placement of video or similar to other electronic games in the Premises other than for use permitted tenant by this lease; Tenant's employees, guests and invitees; (6) To h)to have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after Business Hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (1) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following --------------------------- rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant"s use or possession of the Premises or giving rise to any claim for set-set- off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent: (1a) To to change the name or street address of the property; Building; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, equipment, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in tile area; (d) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5e) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant"s employees; (g) to prohibit the placement of video or similar other electronic games in the Premises; (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or exiting the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (1) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all Any violation of the actions permitted of landlord under this paragraph (B) provision shall be exercised in deemed a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment material breach of the premisesthis Lease.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (iv) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises provided that changes to common areas of the Building are consistent with standards of comparable Class A office buildings in the San Xxxxxxxx Valley; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying Premises; (xiii) to establish and, from time to time, to change, alter and amend, and to enforce, against Tenant and the same. These rights apply provided that all other users of the actions permitted of landlord under this paragraph (B) shall common areas, including automobile parking areas and structures, the parking spaces therein, driveways, entrances and exits and the sidewalks and pedestrian passageways, such reasonable rules and regulations as may be exercised in a reasonable, nondiscriminatory fashion deemed necessary or advisable by Landlord for the proper and in a manner that will not unduly interfere with tenant's use or enjoyment efficient operation and maintenance of the premises.common areas

Appears in 1 contract

Samples: Office Lease (Cherokee Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for Premises; (iv) to change the premises occupied by arrangement of entrances, doors, corridors, elevators and/or stairs in the tenant Building, provided no such change shall materially adversely affect access to the Premises; (which shall be prepared and installed by landlord at tenant's expense); (4v) To retain at all times, and use in appropriate instances, keys to all doors within and into grant any party the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease: (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; Post Office; (7ix) To grant easements to close the Building after normal business hours, except that Tenant and licenses its employees and invitees shall be entitled to othersadmission at all times under such rules and regulations as Landlord prescribes for security purposes; and (8) To x) to install, operate and maintain security systems which monitor, by close circuit television or create ownership interests otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the property separate from fee title Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Industrial Lease (Qep Co Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (iv) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying Premises; (xiii) to establish and, from time to time, to change, alter and amend, and to enforce, against Tenant and the same. These rights apply provided that all other users of the actions permitted of landlord under this paragraph (B) shall common areas, including automobile parking areas and structures, the parking spaces therein, driveways, entrances and exits and the sidewalks and pedestrian passageways, such reasonable rules and regulations as may be exercised in a reasonable, nondiscriminatory fashion deemed necessary or advisable by Landlord for the proper and in a manner that will not unduly interfere with tenant's use or enjoyment efficient operation and maintenance of the premises.common areas

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to propertybeing, person, or business and without effecting deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Project (2provided that, notwithstanding the foregoing, Landlord shall not initiate a change of name or address for the Building); (ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building (3subject to the restriction set forth in Section 28.3.9, and provided that Landlord shall not grant any tenant, licensee, occupant or other party the right to exterior identification signage on the Building Property without Tenant’s consent) To prescribe and/or the location Project; (iii) to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and style all internal lighting that may be visible from the exterior of the suite number Premises and, notwithstanding the provisions of Article 10, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in first class office buildings in the tenant (which area. Any violation of this provision shall be prepared deemed a material breach of this Lease; (iv) to display the Premises and/or the Building and/or the Project to mortgagees, prospective mortgagees, prospective purchasers and installed by landlord ground lessors at tenant's expense); reasonable hours upon reasonable advance notice to Tenant; (4v) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building and/or the Project, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5vi) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyProject, whether provided such exclusive right shall not materially interfere with Tenant’s use of the Premises for the purposes permitted under this Lease, and further provided that Landlord shall give Tenant prior notice of any such exclusive rights; (vii) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (viii) to prohibit the placement of video or similar other electronic games in the Premises; (ix) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property United States Post Office workers to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building and/or the Project; (x) to close the land underlying Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (xi) to install, operate and maintain security systems which monitor, by closed circuit television or otherwise, all persons entering or leaving the same. These rights apply provided that all Building and/or the Project; and (xii) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion Building and/or the Project and in a manner that will do not unduly interfere with tenant's use or enjoyment of the premisesimpair Tenant’s operations.

Appears in 1 contract

Samples: Office Lease (Capitalsource Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi ) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (iv) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying Premises; (xiii) to establish and, from time to time, to change, alter and amend, and to enforce, against Tenant and the same. These rights apply provided that all other users of the actions permitted of landlord under this paragraph (B) shall common areas, including automobile parking areas and structures, the parking spaces therein, driveways, entrances and exits and the sidewalks and pedestrian passageways, such reasonable rules and regulations as may be exercised in a reasonable, nondiscriminatory fashion deemed necessary or advisable by Landlord for the proper and in a manner that will not unduly interfere with tenant's use or enjoyment efficient operation and maintenance of the premisescommon areas.

Appears in 1 contract

Samples: Office Lease (Derycz Scientific Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Property; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises at reasonable hours for reasonable purposes, including inspection and supplying cleaning service or other services to be provided Tenant hereunder; to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, at reasonable hours; and if Tenant shall be exercised in a reasonableabandon the Premises at any time, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment shall vacate the same during the last three (3) months of the premisesTerm, to decorate, remodel, repair, or alter the Premises. (C) To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises all materials required to make such repairs, maintenance, alterations or improvements, and may close public entryways, other public areas, rest rooms, stairways or corridors. In connection with entering the Premises to exercise any of the foregoing rights, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant's on-site manager or other appropriate person (except in emergencies, or for routine cleaning or other routine matters), and (b) take reasonable steps to minimize any interference with Tenant's business. -------- --------- Tenant Landlord

Appears in 1 contract

Samples: Office Lease (Unison Software Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1a) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Property; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease so long as no such business or service derogates from the first class office use and reputation of the Building; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7b) To grant easements enter the Premises at reasonable hours for reasonable purposes, including inspection and licenses supplying cleaning service or other services to others; andbe provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, at reasonable hours, and if Tenant shall abandon the Premises at any time, or shall vacate the same during the last three (3) months of the Term, to decorate, remodel, repair, or alter the Premises. (8) c) To maintain limit or create ownership interests in the property separate from fee title prevent access to the land underlying Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed reasonably necessary by Landlord for the same. These rights apply provided that all safety of tenants or other occupants of the actions permitted Property or the protection of landlord under this paragraph the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (Bd) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed) provided no such action shall materially interfere with Tenant's access to, or use of, the Premises. In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors, provided no such action shall materially interfere with Tenant's access to, or use of, the Premises. (e) To install, use and maintain in and through the Premises pipes, conduits, wires, ducts or mechanical installations serving the Building, provided such installation, use or maintenance does not materially interfere with the conduct of Tenant's business. Tenant agrees that there shall be exercised no construction of partitions or other obstructions which might interfere with the moving or the servicing of equipment of Landlord to or from the enclosures containing such installations and Tenant further agrees that neither Tenant, nor its servants, employees, agents, visitors, licensees, or contractors shall at any time tamper with, adjust, or otherwise in a reasonableany manner affect Landlord's mechanical installations. (f) To take any other action which Landlord deems reasonable in connection with the preservation of the Building or the Property. (g) To approve the weight, nondiscriminatory fashion size, and location of safes or other heavy equipment or articles, which articles may be moved in, about, or out of the Building or Premises only at such times and in a such manner that will not unduly interfere with tenantas Landlord shall direct, at Tenant's use or enjoyment sole risk and responsibility. (h) To re-determine the rentable square footage of the premisesPremises, the Building or the Property (or any part thereof) at any time during the Lease Term by remeasuring the area thereof in accordance with the then current ANSI/BOMA standards so long as any such remeasurement shall not result in an increase or decrease in Base Rent or additional Rent as set forth in this Lease or Tenant's Prorata Share for the balance of the Term as such Term may be extended pursuant to the provisions of this Lease. In connection with entering the Premises to exercise any of the foregoing rights, including without limitation under clause 5(a) or (b) of this Article 22, Landlord shall: (i) provide reasonable advance written or oral notice to Tenant's on-site manager or other appropriate person (except in emergencies, or for routine cleaning or other routine matters), and (ii) take reasonable steps to minimize any interference with Tenant's business. Furthermore, Landlord shall not, except in emergency, enter any portions of the Premises which Tenant has secured and which Tenant has notified Landlord are confidential areas.

Appears in 1 contract

Samples: Office Lease (Management Network Group Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant Tenant for damage or injury to property, person, persons or business and without effecting an eviction, constructive or actual, or disturbance of tenantTenant's use or possession or of the Premises and without giving rise to any claim for set-off setoff or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1a) To change the name or street address of the property;Building's name. (2b) To install install, affix and maintain any and all signs on the exterior and interior of the property;Building. (3c) To prescribe designate and approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense);Building. (4d) To control all sources from which Tenant may obtain ice, drinking water, towels, toilet supplies, shoe shining, catering, food and beverages, or like or other services on the Premises and in general, to reserve to Landlord the right to control with cause any business and any services in or to the Building and its tenants. (e) To retain at all times, and to use in appropriate instances, keys to all doors within and into the premises;Premises. No locks shall be changed or added without the prior written consent of Landlord. (5f) To decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and during the continuance of any of said work to temporarily close doors, entryways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other Interior Common Facilities, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible. (g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber them. (h) To grant to any person anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein. (i) To approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and the Building, and to require all such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or out of the Building and within the Building are entirely at the property, whether or not it is the same or similar risk and responsibility of Tenant and shall be conducted pursuant to the use permitted tenant by this lease;Building rules and regulations. (6j) To prohibit the placing of vending or dispensing machines of any kind except for the exclusive use of Tenant's employees in or about the Premises without the prior written permission of Landlord. (k) To have access for landlord and other tenants of the property Building to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7l) To grant easements take all such reasonable measures as Landlord may deem advisable for the security of the Building and licenses to others; and (8) To maintain its occupants, including without limitation, the search of all persons entering or create ownership interests in leaving the property separate from fee title Building, the evacuation of the Building for cause, suspected cause, or for drill purposes, the temporary denial of access to the land underlying Building, and the samerestriction of access to the Building at times other than normal business hours. These rights apply provided that all Reservation of the actions permitted of landlord under rights set forth in this paragraph (B) Article shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use impose no obligation or enjoyment of the premisesduty upon Landlord to exercise said rights.

Appears in 1 contract

Samples: Office Lease Agreement (Vistacare Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (Deja Foods Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate (to the location and style extent Landlord so requires all other office tenants of the suite number and identification sign or lettering Building for the premises occupied by the tenant uniformity of appearance) and/or approve (which approval shall not be prepared unreasonably withheld) prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and installed by landlord at tenant's expense); (4) To retain all internal lighting that may be visible from the exterior of the Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, artwork, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in first class office buildings in the area. A violation of this provision may be deemed a material breach of this Lease; (iv) to display the Premises and/or the Building to mortgagees, prospective mortgagees, prospective purchasers and use ground lessors at reasonable hours upon reasonable advance notice to Tenant; (v) to change the arrangement of entrances, doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5vi) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive rights shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vii) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees and business invitees; (viii) to prohibit the placement of video or similar other electronic games in the Premises other than for use by Tenant's employees; (ix) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (x) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (xi) to install, operate and maintain security systems which monitor, by closed circuit television or otherwise, all persons entering or leaving the Building; (xii) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xiii) to retain at all times master keys or pass keys to the land underlying Premises. (See Insert No. 27.19 on Page 21A.) (Additional provisions are set forth in the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesRider.)

Appears in 1 contract

Samples: Office Lease (Galileo International Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (iv) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; (xii) to retain at all times master keys or pass keys to the land underlying Premises; and (xiii) to establish and, from time to time, to change, alter and amend, and to enforce, against Tenant and the same. These rights apply provided that all other users of the actions permitted of landlord under this paragraph (B) shall common areas, including automobile parking areas and structures, the parking spaces therein, driveways, entrances and exits and the sidewalks and pedestrian passageways, such reasonable rules and regulations as may be exercised in a reasonable, nondiscriminatory fashion deemed necessary or advisable by Landlord for the proper and in a manner that will not unduly interfere with tenant's use or enjoyment efficient operation and maintenance of the premisescommon areas.

Appears in 1 contract

Samples: Office Lease (Barfresh Food Group Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure and used for substantially the premises occupied by same purposes that are generally prevailing in comparable office buildings in the tenant (which area. Any violation of this provision shall be prepared and installed by landlord at tenant's expense); deemed a material breach of this Lease; (4iv) To retain at all timesto change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5v) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vi) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (vii) to prohibit the placement of video or similar other electronic games in the Premises; (viii) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (ix) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (x) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or leaving the Building; (xi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (xii) to retain at all times master keys or pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Office Lease (RigNet, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general addition to other rights retained or reserved, Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant for damage or injury to property, person, or business Tenant and without effecting an eviction, constructive or actual, or disturbance of tenantin any way diminishing Tenant's use or possession or giving rise obligations: (a) to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; Building or Project; (2b) To to install and maintain maintain, modify or remove any signs on the exterior and interior of the property; Building or Project; (3c) To prescribe to designate and approve, prior to installation, all types of interior and exterior window treatments and to control all internal lighting that may be visible from the location and style exterior of the suite number Building; (d) the exclusive right to designate, limit, restrict and identification sign control any business and any service in or lettering for to the premises occupied by the tenant Project or its tenants; (which shall be prepared and installed by landlord at tenant's expense); (4e) To retain at all timesto keep, and to use in appropriate instances, keys to all doors within and into the premises; Premises (5no locks shall be changed or added without the prior, written consent of Landlord); (f) To grant to decorate and make repairs, alterations or additions, whether structural or otherwise, in and about any person part of the Project and to enter the Premises for these purposes and, during such work, to temporarily close doors, entryways, public space and corridors in the Building or Project, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, windows, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building or Project; (g) to approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and the Building, and to require all such items and furniture to be moved into and out of the Building and Premises only at times and in such manner as Landlord directs (movement of Tenant's property is entirely at the risk and responsibility of Tenant, and Landlord reserves the right to conduct require permits before allowing any business property to be moved into or render any service at out of the property, whether or not it is the same or similar Building); (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits receptacles located on the premises Project according to the rules of the United States Postal Service; ; (7i) To grant easements to close any part of the Common Areas to the extent necessary in Landlord's opinion to prevent the accrual of any prescriptive rights, to temporarily close any part of the Common Areas to repair and licenses maintain them or for any other reasonable purpose, or to others; and (8) To maintain or create ownership interests change the nature of the Common Areas, including without limitation changes in the property separate from fee title location, size, shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways; and (j) to take all reasonable measures Landlord considers advisable for the land underlying the same. These rights apply provided that all security of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion Project and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesits occupants.

Appears in 1 contract

Samples: Lease Agreement (Healthy Planet Products Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Property; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises at reasonable hours for reasonable purposes upon reasonable prior notice, including inspection and supplying cleaning service or other services to be provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, at reasonable hours, and if Tenant shall be exercised in a reasonableabandon the Premises at any time, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment shall vacate the same during the last 3 months of the premisesTerm, to decorate, remodel, repair, or alter the Premises. (C) To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors. (E) Intentionally deleted.

Appears in 1 contract

Samples: Office Lease (Bluestar Communications Group Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Ba) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the exterior of the Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and general appearance of the portion of the Premises visible from the exterior, and contents thereof, including, without limitation, furniture, fixtures, equipment, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all times have the appearance of Premises, having the same type of exposure, and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (d) to change the location and style of any other tenant, the arrangement, size, character, use or location of entrances or passageways, doors, doorways, corridors, elevators, escalators, stairs, landscaping, toilets or any other part of the suite number Building, or to change common area to tenant space and identification sign or lettering for tenant space to common area; (e) to grant any party the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant’s employees; (g) to prohibit the placement of video or similar other electronic games in the Premises; (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or exiting the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (l) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all None of the actions permitted foregoing shall result in any liability of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesLandlord to Tenant.

Appears in 1 contract

Samples: Office Lease (Guidance Software, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant Tenant for damage or injury to property, personpersons, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's Tenant’s use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent: (1a) To change the Building’s or the Project’s name or street address of the property;address. (2b) To install install, affix, and maintain any signs on the exterior and interior of the property;Project. (3c) To prescribe designate and approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators, and similar equipment, and to control all internal lighting that is visible from the location and style exterior of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense);Project. (4d) To designate, restrict, and control all sources within the Project where Tenant may obtain ice, drinking water, towels, toilet supplies, catering, food and beverages, and like or other services on the Premises and, in general, the exclusive right to designate, limit, restrict, and control any business and any service in or to the Project and its tenants. (e) To enter upon the Premises at reasonable hours to inspect, clean, or make repairs or alterations to the Premises (but without any obligation to do so, except as expressly specified in this Lease), to make repairs or alterations to any part of the Building or the Building systems, to show the Premises to prospective lenders, purchasers, and, during the last 12 months of the Lease Term, to show the Premises to prospective tenants at reasonable hours and, if the Premises are vacant, to prepare them for re- occupancy. (f) To retain at all times, and to use in appropriate instances, keys to all doors within and into the premises;Premises. No locks may be changed or added without the prior consent of Landlord. (5g) To decorate and make repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Project, and for those purposes to enter upon the Premises and, during the continuance of the work, temporarily close doors, entryways, public space, and corridors in the Project, to interrupt or temporarily suspend Project services and facilities, and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Project, all without abatement or setoff of Rent or affecting any of Tenant’s obligations under this Lease, so long as the Premises are reasonably accessible. (h) To have and retain a paramount title to the Premises and the Project free and clear of any act of Tenant purporting to burden or encumber the Premises or the Project. (i) To grant to any person anyone the exclusive right to conduct any business or render any service in or to the Project, provided the exclusive right does not operate to exclude Tenant from the uses expressly permitted in this Lease. (j) To approve the weight, size, and location of safes and other heavy equipment and articles in and about the Premises and the Project and to require all those items and furniture and similar items to be moved into and out of the Project and the Premises only at times and in a manner specified by Landlord. Movements of Tenant’s property into or out of the Project and within the Project are entirely at the property, whether risk and responsibility of Tenant. To require permits before allowing Tenant’s property to be moved into or not it is out of the same or similar to the use permitted tenant by this lease;Project. (6k) To have access for landlord Landlord and other tenants of in the property Project to any mail deposits chutes or other depositories located on the premises Premises according to the rules of the United States Postal Service;. (7l) To grant easements take reasonable measures as Landlord deems advisable for the security of the Project and licenses its occupants including, without limitation, the search of all persons entering or leaving the Project, the evacuation of the Project for cause, suspected cause, or for drill purposes, the temporary denial of access to others; andthe Project, and the closing of the Project after Building Standard Hours, subject to Tenant’s right to admittance when the Project is closed after Building Standard Hours under reasonable regulations Landlord may prescribe from time to time. (8) m) To maintain transfer, assign, or create ownership interests convey, in whole or in part, the property separate Project and Landlord’s rights under this Lease. If Landlord transfers, assigns, or conveys its rights under this Lease, Landlord is released from fee title any further obligations under this Lease and Tenant shall to look solely to the land underlying the same. These rights apply provided that all successor in interest of Landlord for performance of the actions permitted obligations of landlord “Landlord” under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesLease.

Appears in 1 contract

Samples: Office Lease (Espre Solutions Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Complex (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Complex or any part thereof; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Complex; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyComplex, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises at reasonable hours for reasonable purposes: including inspection and supplying cleaning service or other services to be provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, at reasonable hours, and if Tenant shall abandon the Premises at any time, or shall vacate the same during the last three (3) months of the Term, to decorate, remodel, repair, or alter the Premises. (C) To limit or prevent access to the Complex and the Building, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Complex or the protection of the Complex and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Complex or any part thereof, including the Building, and to any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Building or the Complex in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Building and the Complex, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors and Tenant agrees to pay Landlord for overtime and similar expenses incurred if such work is done other than during ordinary business hours at Tenant's request. (E) To substitute for the Premises other premises (herein referred to as the "new premises") at the Complex, or another comparable building, provided: (i) the new premises shall be exercised similar to the Premises in a reasonablearea, nondiscriminatory fashion (ii) Landlord shall give Tenant at least ninety (90) days' written notice before making such change, and in a manner that will not unduly interfere with tenant's use or enjoyment the parties shall execute an amendment to the Lease confirming the change within thirty (30) days after either party shall request the same; and (iii) if Tenant shall already have taken possession of the Premises: (a) Landlord shall pay the direct, out-of-pocket, reasonable expenses of Tenant in moving from the Premises to the new premises, reinstalling the Tenant's personal property and equipment in the new premises, replacing stationery and business cards rendered unusable by such relocation, and improving the new premises so that they are substantially similar to the Premises, and, (b) such move shall be made during evenings, weekends, or otherwise so as to incur the least inconvenience to Tenant. Tenant waives any claim for damages, abatement of Rent or loss of profits due to such relocation. Upon the date of such relocation, the Relocation Premises shall become and be deemed the Premises hereunder and all the terms and conditions of this Lease shall be applicable to the new Premises, including, without limitation, the right of Landlord to again relocate Tenant pursuant to this Article 19(E).

Appears in 1 contract

Samples: Office Lease (C Bridge Internet Solutions Inc)

RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights, exercisable without notice (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises except as expressly provided to the contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including Lease) without any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant Tenant for damage or injury to property, person, property or business and business, without effecting the same being deemed an eviction, constructive or actual, eviction or disturbance in any manner of tenantTenant's use or possession of the premises and without relieving Tenant from its obligation to pay all Rent when due or giving rise from any other obligation hereunder: (a) to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the Building's name or street address of the property; address; (2b) To install to install, affix and maintain any and all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to display "for rent" signs on the location Premises and style exhibit the Premises to prospective tenants at reasonable hours during the last ninety (90) days of the suite number Term and identification sign or lettering if the Premises are vacant during the Term, to decorate, remodel, repair of otherwise prepare the Premises for re-occupancy; (d) upon advanced notice, and accompanied by the Tenant except if Tenant is not available as set forth herein to enter upon the Premises for the premises occupied purpose of inspecting the Premises during normal business hours; (e) to make such structural repairs or alterations to the Premises as Landlord may deem necessary or desirable and to take all material into and upon the Premises that may be required therefore provided, however, that Landlord shall take reasonable steps to minimize interference with Tenant’s rights in and to the Premises; (f) in an emergency, to enter the Premises by a master key or passkey or forcibly to enter same, provided that in the tenant event of any emergency, Landlord shall take not be required to exercise any duty of reasonable care of Tenant's property; (which shall g) upon advance notice and accompanied by Tenant, except if Tenant is not available as set forth herein, to take any and all reasonable measures, including inspections, repairs, alterations, additions and improvements to the Premises or to the Building as may be prepared and installed by landlord at tenantnecessary or desirable for the operating or preservation thereof of Landlord's expense); interest therein; (4h) To to retain at all timestimes master keys or passkeys to the Premises; and (i) if Landlord determines in its discretion that a fire emergency exit (crash door) is required in the interest of public safety, to install at Landlord's expense such fire emergency exit (crash door) in any demising wall of the Premises reasonably required for such purpose. Nothing herein contained however, shall be deemed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or the Land or any part thereof other than as provided elsewhere in this Lease. Landlord and use Tenant agree that, except in appropriate instancesthe event of an emergency, keys Landlord shall make reasonable efforts to all doors contact “Tenant’s Representative” by phone, facsimile, e-mail or other communication, as herein defined, for purposes of being accompanied by such Tenant’s Representative while accessing the facility. Tenant covenants and agrees that Tenant’s Representative shall be available to accompany Landlord and/or Landlord’s employees, agents, property manager, vendors, or contractors within forty-eight (48) hours after Landlord’s initial contact to the party then designated by Tenant to Landlord in writing as Tenant’s Representative at the following number, 000-000-0000 or the most current number provided to Landlord in writing by Tenant. Tenant further covenants that such Tenant Representative shall respond to Landlord’s request for such an appointment within twenty-four (24) hours after Landlord attempts to contact such Tenant Representative. In the event that (a) Tenant’s Representative fails to respond to Landlord within twenty-four hours after Landlord attempts to contact such Tenant Representative, and/or (b) if Landlord so requires an appointment within 48 hours after such attempted contact and such Tenant Representative fails to respond to such request, refuses to meet such request, is not available or fails to keep such appointment and/or (b) Tenant’s Representative fails to schedule an appointment at such other time as reasonably requested by Landlord upon more than 48 hours notice, then Landlord, notwithstanding any requirement herein for accompaniment by Tenant, may enter the Premises without being accompanied by Tenant or Tenant’s Representative. Tenant’s Representative shall mean the party designated by Tenant in writing to Landlord as the party to accompany Landlord into the premises; Premises as required herein. Tenant agrees to provide the name and contact information (5including but not limited to e-mail number, office phone number, facsimile number, cell phone number and street address of such Tenant Representative) To grant to any person the right to conduct any business or render any service at the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised Landlord in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere separate writing simultaneously with tenant's use or enjoyment the execution of the premisesthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Bioveris Corp)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to propertybeing, person, or business and without effecting deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Tenant Space or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building and/or the Property; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building and/or the Property; (3iii) To prescribe to show the location Tenant Space, the Building and/or the Property to mortgagees, prospective mortgagees, prospective purchasers and style ground lessors, and prospective lessees at reasonable hours; (iv) to change the arrangement of entrances, doors, corridors, elevators and/or stairs in the Building and/or the Property, and/or to make such alterations to Building as Landlord deems desirable; (v) to install, operate and maintain systems which monitor, by closed circuit television or otherwise, all persons entering or leaving the Building and/or the Property; (vi) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Tenant Space and which serve other parts or other tenants or occupants of the suite number and identification sign or lettering for Building and/or the premises occupied by the tenant Property; (which shall be prepared and installed by landlord at tenant's expense); (4vii) To to retain at all times, and use in appropriate instances, times master keys or pass keys to all doors within and into the premises; Tenant Space; (5viii) To grant to any person the exclusive right to conduct create any additional improvements to structural and/or mechanical systems, interior and exterior walls and/or glass, which Landlord deems necessary without the prior consent of Tenant; and (ix) subject to Section 17.9, the absolute right to lease space in the Building and the Property and to create such other tenancies in the Building and the Property as Landlord, in its sole business or render any service at judgment, shall determine is in the property, whether or not it is the same or similar to the use permitted tenant by this lease; (6) To have access for landlord and other tenants best interests of the property Property (and Landlord does not represent and Tenant does not rely upon any specific type or number of tenants occupying any space in the Building and the Property during the Term of this Lease). Notwithstanding the foregoing, Landlord’s ability to any mail deposits located exercise its rights pursuant to clauses (iv), (vi) and (viii) shall be conditioned upon such exercise by Landlord not having a material adverse effect on the premises according to the rules (A) Tenant’s use or occupancy of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain Premises or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion the business operations and in a manner that will not unduly interfere with tenant's use or enjoyment and occupancy of the premisesPremises by MMR Subtenants.

Appears in 1 contract

Samples: Master Meet Me Room Lease (Telx Group, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent: (1a) To to change the name or street address of the propertyBuilding; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the propertyBuilding so long as such signs are not located within the Premises except to the extent required by Applicable Law; (3c) To prescribe to reasonably designate and/or reasonably approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense)Premises; (4d) To retain at all timesto change the location of any other tenant, the arrangement, size, character, use or location of entrances or passageways, doors, doorways, corridors, elevators, escalators, stairs, landscaping, toilets or any other part of the Building, or to change common area to tenant space and use in appropriate instances, keys tenant space to all doors within and into the premisescommon area; (5e) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether or provided such exclusive right shall not it is operate to prohibit Tenant from using the same or similar to Premises for the use purposes permitted tenant by under this leaseLease; (6f) To have access to prohibit the placement of vending or dispensing machines of any kind in or about the Premises other than for landlord use by Tenant’s employees; (g) to prohibit the placement of video or other electronic games in the Premises; (h) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such commercially reasonable rules and regulations as Landlord prescribes for security purposes; (i) to install, operate and maintain security systems in the common areas of the Building which monitor, by close circuit television or otherwise, all persons entering or exiting the Building; (j) to maintain existing pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to othersBuilding; and (8) To maintain k) to retain at all times master keys or create ownership interests in the property separate from fee title pass keys to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Manufacturing Agreement (SunEdison Semiconductor LTD)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession or giving rise to any claim for set-off or abatement of rent.the (Ba) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, equipment, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (d) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5e) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (g) to prohibit the placement of video or similar other electronic games in the Premises; (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or exiting the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (l) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all Any violation of the actions permitted of landlord under this paragraph (B) provision shall be exercised in deemed a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment material breach of the premisesthis Lease.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property following rights exercisable without notice (except as otherwise expressly provided to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided contrary in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (BLease) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting being deemed an eviction, constructive or actual, eviction or disturbance of tenantTenant's use or possession of the Premises or giving rise to any claim for set-off or abatement of rent. Rent: (Bi) Changes in property Landlord reserves the following rights: (1) To to change the name or street address of the property; Building; (2ii) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3iii) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises; (iv) to display the Premises and/or the Building to mortgagees, prospective mortgagees, prospective purchasers and identification sign or lettering for ground lessors at reasonable hours upon reasonable advance notice to Tenant; (v) to change the premises occupied by arrangement of entrances, doors, corridors, elevators and/or stairs in the tenant Building, provided no such change shall materially adversely affect access to the Premises; (which shall be prepared and installed by landlord at tenant's expense); (4vi) To retain at all times, and use in appropriate instances, keys to all doors within and into grant any party the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (vii) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (viii) to prohibit the placement of video or similar other electronic games in the Premises; (ix) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; Post Office; (7x) To grant easements to close the Building after normal business hours, except that Tenant and licenses its employees and invitees shall be entitled to othersadmission at all times under such rules and regulations as Landlord prescribes for security purposes; and (8) To xi) to install, operate and maintain security systems which monitor, by close circuit television or create ownership interests otherwise, all persons entering or leaving the Building; (xii) to install and maintain pipes, ducts, conduits, wires and structural elements located in the property separate from fee title Premises which serve other parts or other tenants of the Building; (xiii) to retain at all times master keys or pass keys to the land underlying Premises; and (xiv) to have or grant access to the same. These rights apply provided that Premises during the last two (2) months of the Term to prepare the Premises for any future tenant if Tenant shall have removed all or substantially all of Tenant's property from the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesPremises.

Appears in 1 contract

Samples: Industrial Lease (Vartech Systems Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general addition to other rights retained or reserved, subject to the other provisions of this Lease, Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentfollowing rights, use, and access to the premises exercisable without notice (except as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (Bprovided) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business Tenant and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise in any way diminishing Tenant’s obligations: (a) to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; (2) To install and maintain maintain, modify or remove any signs on the exterior and interior of the property; Project other than Tenant’s signage as permitted herein; (3b) To prescribe to designate and reasonably approve, prior to installation, all types of interior and exterior window treatments; (c) the location exclusive right to designate, limit, restrict and style of control any business and any service in or to the suite number and identification sign Project or lettering for the premises occupied by the tenant its tenants, except as permitted or required under this Lease; (which shall be prepared and installed by landlord at tenant's expense); (4d) To retain at all timesto keep, and to use in appropriate instances, keys to all doors within and into the premises; Premises; (5e) To grant to decorate and make repairs, alterations or additions, whether structural or otherwise, in and about any person part of the Project and to enter the Premises for these purposes and, during such work, to temporarily close doors, entryways, public space in the Project, to interrupt or temporarily suspend services and facilities and to change the arrangement of public parts of Project other than the Premises; (f) to approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and the Building (movement of Tenant’s property is entirely at the risk and responsibility of Tenant, and Landlord reserves the right to conduct require permits before allowing any business property to be moved into or render any service at out of the property, whether or not it is the same or similar Building); (g) to the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits receptacles located on the premises Project according to the rules of the United States Postal Service; ; (7h) To grant easements to close any part of the Common Areas to the extent necessary in Landlord’s opinion to prevent the accrual of any prescriptive rights, to temporarily close any part of the Common Areas to repair and licenses maintain them or for any other reasonable purpose, or to others; and (8) To maintain or create ownership interests change the nature of the Common Areas, including without limitation changes in the property separate from fee title location, size, shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways provided Tenant’s parking rights are not materially affected by any such changes; and (i) to take all reasonable measures Landlord considers advisable for the security of the Project and its occupants. In exercising its rights hereunder, Landlord shall use commercially reasonably efforts to minimize any interference with Tenant’s use of and access to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion Premises and in a manner that will not unduly interfere to provide Tenant with tenant's use or enjoyment of the premisesits entire parking allotment.

Appears in 1 contract

Samples: Lease Agreement (Calix Networks Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Property; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises at reasonable hours for reasonable purposes, including inspection and supplying cleaning service or other services to be provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, at reasonable hours, and if Tenant shall be exercised in a reasonableabandon the Premises at any time, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment shall vacate the same during the last 3 months of the premisesTerm, to decorate, remodel, repair, or alter the Premises. (C) To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors.

Appears in 1 contract

Samples: Office Lease (National Financial Partners Corp)

RIGHTS RESERVED BY LANDLORD. Landlord or a Landlord Party acting for or at the direction of Landlord may, without notice to Tenant except as otherwise expressly provided: (Aa) In general Landlord reserves full control over after at least one day’s written or oral notice to Tenant, enter the property Premises to inspect the extent not inconsistent with tenant's quiet enjoymentPremises, useshow the Premises to prospective lenders, purchasers, or tenants, and access to fulfill its obligations and exercise its rights under this Lease, (b) enter the premises as expressly provided Premises in this lease. Possession of areas an emergency, using any means that Landlord deems necessary for utilitiesor convenient, services, safety, and operation (c) during the last 180 days of the propertyTerm, including the systems place and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling maintain “For Rent” or “For Lease” signs on and outside of the premises and Premises, (d)change the slab name of the floor or roof of Project, (e) grant the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1) To change the name or street address of the property; (2) To install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To grant to any person the exclusive right to conduct any business or render any service at the property, whether in or not it is the same or similar to the use permitted tenant by this lease; Project to any Person, (6f) To have access for landlord improve, alter, renovate, construct, repair, decorate, or enclose any part of the Project or Project Facilities (doors, entrances, passageways, corridors, elevators, stairs, restrooms, driveways, Parking Areas, landscaped areas, and structural and load bearing elements, including any of the foregoing within the Premises) and construct scaffolding and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests structures in the property separate from fee title to the land underlying the same. These rights apply connection with such work, provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and Landlord will use reasonable efforts to exercise such rights in a manner that minimizes interference with Tenant’s use of the Premises, (g) install cabling, pipes, and conduits on, under, within, and outside of the Premises, provided that Landlord will use reasonable efforts to exercise such rights in a manner that minimizes interference with Tenant’s use of the Premises, (h) change which areas and facilities are Common Areas, change the location and method of ingress and egress to the Common Areas, and restrict or disallow any Person’s use of all or any part of the Common Areas, (i) temporarily close Common Areas, and (j) temporarily suspend Project services and facilities. Landlord reserves the rights described in this Section 15.01 from the leasehold estate conveyed to Tenant. Landlord’s exercise of its rights described in this Section 15.01 will not unduly interfere with tenant's use constitute the constructive eviction of Tenant or enjoyment a breach of any implied warranty and will not entitle Tenant to an abatement of Rent. Tenant waives every Claim or Loss against Landlord and each Landlord Party arising out of Landlord’s exercise of the premisesrights described in this Section 15.01.

Appears in 1 contract

Samples: Office Lease Agreement (Cambium Learning Group, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general 22.01 Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: a. To (1i) To change the name or street address of the property; Property or designation of the Premises; (2ii) To install and maintain signs on and about the exterior Property, and interior of grant any other Person the property; right to do so; (3iii) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To retain at all times, and use in appropriate instances, keys to all doors within and into the premises; Premises; (5iv) To grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or are similar to the use permitted tenant Tenant by this lease; Lease; (6v) To have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;Service (and to install or remove such chutes); and (vi) in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof: (a) limit or prevent access to the Property; (b) shut down elevator service; (c) activate elevator emergency controls; and (d) otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants of the Property or the protection of the Property and other property located thereon or therein (but this provision shall impose no duty on Landlord to take such actions, and no liability for actions taken in good faith). b. Subject to the last sentence of this Paragraph, to: (i) paint and decorate; (ii) perform repairs or maintenance; and (iii) make replacements, restorations, renovations, alterations, additions and improvements, structural or otherwise, in and to the Property or any part thereof, including any adjacent building, structure, facility, land, street or alley, or change the uses thereof (other than Tenant's permitted use under this Lease), including changes, reductions or additions of corridors, entrances, doors, lobbies, parking facilities and other areas, structural support columns and shear walls, elevators, stairs, escalators, mezzanines, solar tint windows or film, kiosks, planters, sculptures, displays, and other amenities and features therein, and changes relating to the connection with or entrance into or use of the Property or any other adjoining or adjacent building or buildings, now existing or hereafter constructed. In connection with such matters, Landlord may erect scaffolding, barricades and other structures, open ceilings, close entry ways, restrooms, elevators, stairways, corridors, parking and other areas and facilities, and take such other actions as Landlord deems appropriate. However, Landlord shall: (7a) To grant easements maintain reasonable access to the Premises; and licenses (b) in connection with entering the Premises, comply with the last sentence of subparagraph B above. c. Upon reasonable notice to others; and Tenant (8) To maintain or create ownership interests the "Relocation Notice"), to relocate Tenant to different premises in the property separate from fee title Building (the "Substitute Premises"), provided that the Substitute Premises are of approximately the same size and finish as the Premises, and provided that Landlord reimburses Tenant for all reasonable out-of-pocket moving expenses incurred by Tenant as a result of such relocation. Tenant shall relocate to the land underlying Substitute Premises within the sametime set out in the Relocation Notice. These rights apply provided that all Upon the date Tenant takes possession of the actions permitted of landlord under Substitute Premises, this paragraph (B) Lease shall be exercised in a reasonabledeemed amended to substitute the Substitute Premises as the Premises, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment all other terms and conditions of the premisesLease shall remain in full force and effect. Tenant agrees to promptly execute and deliver any and all documents and/or instruments reasonably required by Landlord from time to time to evidence and confirm Tenant’s relocation to the Substitute Premises.

Appears in 1 contract

Samples: Office Lease

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant Tenant for damage or injury to property, personpersons, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's Tenant’s use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: Rent: (1) To to change the Building’s or the Property’s name or street address of the property; address; (2) To install to install, affix, and maintain any signs on the exterior and interior of the property; Building; (3) To prescribe to reasonably designate and approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators, and similar equipment, and to control all lighting that is visible from the location and style exterior of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); Building; (4) To to reasonably designate, restrict, and control any and all services provided to tenants of the Building and, in general, the exclusive right to designate, limit, restrict, and control any business and any service in or to the Building and its tenants; (5) to enter upon the Premises (with prior notice as reasonable, other than for scheduled janitorial services) at reasonable hours to inspect, clean, or make repairs or alterations to the Premises (but without any obligation to do so, except as expressly specified in this Lease), to make repairs or alterations to any part of the Building or the Building systems, to show the Premises to prospective lenders, purchasers, and, during the last 12 months of the Term, to show the Premises to prospective tenants at reasonable hours and, if the Premises are vacant, to prepare them for re-occupancy; (6) to retain at all times, and to use in appropriate instances, keys to all doors within and into the premises; Premises; no locks may be changed or added without the prior consent of Landlord; (57) To to decorate and make repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, and for those purposes to enter upon the Premises and, during the continuance of the work, temporarily close doors, entryways, public space, and corridors in the Building, to interrupt or temporarily suspend Building services and facilities, and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement or setoff of Rent or affecting any of Tenant’s obligations under this Lease, so long as the Premises are reasonably accessible (except as otherwise provided in the Lease); (8) to have and retain a paramount title to the Premises and the Property free and clear of any act of Tenant purporting to burden or encumber the Premises or the Property; (9) to grant to any person anyone the exclusive right to conduct any business or render any service at the property, whether in or not it is the same or similar to the use Building, provided the exclusive right does not operate to exclude Tenant from the uses expressly permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premises.this

Appears in 1 contract

Samples: Office Lease (JRjr33, Inc.)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoymentwaives no rights, useexcept those that may be specifically waived herein, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilitiesexplicitly retains all other rights including, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F)following rights, unless such rights are expressly inconsistent with any other provision each of this lease, exercisable with reasonable which Landlord may exercise without notice to Tenant and without liability to tenant Tenant for damage or injury to property, person, person or business on account of the exercise thereof, and without effecting the exercise of any such rights shall not be deemed to constitute an eviction, constructive or actual, eviction or disturbance of tenant's Tenant’s use or possession or giving of the Premises and shall not give rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rightsRent or any other claim: (1a) To change the name or street address of the propertyBuilding; (2b) The exclusive right to use the name of the Building for all purposes, except that Tenant may use the name on its business address and for no other purpose; (c) To install install, affix and maintain any and all signs on the exterior and interior of the propertyBuilding or the Property; (3d) To prescribe make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the location Building, or any part thereof, and style for such purposes to enter upon the Premises and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the suite number Building and identification sign to interrupt or lettering for temporarily suspend services or use of Common Facilities, all without affecting any of Tenant’s obligations hereunder, so long as the premises occupied by the tenant (which shall be prepared Premises are reasonably accessible and installed by landlord at tenant's expense)usable; (4e) To furnish door keys for the entry door(s) in the Premises on the Commencement Date and to retain at all times, and to use in appropriate instances, keys to all doors within and into the premisesPremises. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises; (5f) To designate and approve all window coverings used in the Building; (g) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises so as not to exceed the legal load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building only at such times, in such manner and upon such terms as Landlord shall direct in writing; (h) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service at in the propertyBuilding or on the Property. (i) To alter the layout, whether design and/or use of the Building in such manner as Landlord, in its sole discretion, deems appropriate, so long as the character of the Building as a first class office building is maintained; and, (j) The exclusive right to use or not it is the same or similar to dispose of the use permitted tenant by this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules roof of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesBuilding.

Appears in 1 contract

Samples: Office Space Lease (Clearpoint Business Resources, Inc)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights:rights --------------------------- exercisable without notice (except as otherwise expressly provided to the contrary in this Lease) and without being (1a) To to change the name or street address of the property; Building provided, that Landlord shall reimburse Tenant for the reasonable costs of changing its stationary and advertising materials, if necessary, to reflect the change; (2b) To install to install, affix and maintain all signs on the exterior and and/or interior of the property; Building; (3c) To prescribe to designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the location and style exterior of the suite number Premises and, notwithstanding the provisions of Article IX, the design, arrangement, style, color and identification sign or lettering for general appearance of the premises occupied by portion of the tenant (which shall be prepared Premises visible from the exterior, and installed by landlord at tenant's expense); (4) To retain contents thereof, including, without limitation, furniture, fixtures, sips, art work, wall coverings, carpet and decorations, and all changes, additions and removals thereto, shall, at all timestimes have the appearance of premises having the same type of exposure and used for substantially the same purposes that are generally prevailing in comparable office buildings in the area; (d) to change the arrangement of entrances, and use doors, corridors, elevators and/or stairs in appropriate instancesthe Building, keys provided no such change shall materially adversely affect access to all doors within and into the premises; Premises; (5e) To to grant to any person party the exclusive right to conduct any business or render any service at in the propertyBuilding, whether provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted under this Lease; (f) to prohibit the placement of vending or not it is dispensing machines of any kind in or about the same Premises other than for use by Tenant's employees; (g) to prohibit the placement of video or similar other electronic games in the Premises; (h) to the use permitted tenant by this lease; (6) To have access for landlord Landlord and other tenants of the property Building to any mail deposits chutes and boxes located in or on the premises Premises according to the rules of the United States Postal Service; (7) To grant easements Post Office and licenses to others; and (8) To maintain or create ownership interests discontinue any mail chute business in the property separate from fee title Building; (i) to close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such rules and regulations as Landlord prescribes for security purposes; (j) to install, operate and maintain security systems which monitor, by close circuit television or otherwise, all persons entering or exiting the Building; (k) to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (l) to retain at all times master keys or pass keys to the land underlying the samePremises. These rights apply provided that all Any violation of the actions permitted of landlord under this paragraph (B) provision shall be exercised in deemed a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment material breach of the premisesthis Lease.

Appears in 1 contract

Samples: Office Lease (Bre Properties Inc /Md/)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and to Tenant, without liability to tenant for damage or injury to property, person, person or business and without effecting an eviction, constructive or actual, or disturbance of tenantTenant's use or possession of the Demised Premises or giving rise to any claim for set-off or off, abatement of rent. (B) Changes in property Landlord reserves the following rightsrent or otherwise: (1a) To change the Building's name or street address of the propertyaddress; (2b) To install affix, maintain and maintain remove any and all signs on the exterior and interior of the propertyBuilding; (3c) To prescribe designate and approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilators, lighting and other similar equipment to be installed by Tenant that may be visible from the location and style exterior of the suite number and identification sign Demised Premises or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense)Building; (4d) To retain at all timesdecorate and make repairs, alterations, additions and improvements, whether structural or otherwise, in, to and about the Building and any part thereof, and, during the continuance of any of such work, to temporarily close doors, entry ways, and use common areas in appropriate instancesthe Building and to interrupt or temporarily suspend Building services and facilities, keys to all doors within and into without affecting Tenant's obligations hereunder, so long as the premisesDemised Premises remain tenantable; (5e) To grant to any person anyone the exclusive right to conduct any business or render any service at in the propertyBuilding, whether or provided Tenant is not it is the same or similar to the use thereby excluded from uses expressly permitted tenant by this leaseherein; (6f) To have access for landlord alter, relocate, reconfigure and other tenants reduce the common areas of the property to any mail deposits located on Building, as long as the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to othersDemised Premises remain reasonably accessible; and (8) g) To maintain or create ownership interests in alter, relocate, reconfigure, reduce and withdraw the property separate from fee title to common areas located outside the land underlying Building, including parking and access roads, as long as the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesDemised Premises remain reasonably accessible.

Appears in 1 contract

Samples: Office Lease (Healthcare Acquisition Corp)

RIGHTS RESERVED BY LANDLORD. (A) In general Except to the extent expressly limited herein, Landlord reserves full rights to control over the property Property (which rights may be exercised without subjecting Landlord to the extent not inconsistent with tenant's quiet enjoymentclaims for constructive eviction, useabatement of Rent, and access to the premises as expressly provided in this lease. Possession damages or other claims of areas necessary for utilities, services, safety, and operation of the propertyany kind), including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More more particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this lease, exercisable with reasonable notice and without liability to tenant for damage or injury to property, person, or business and without effecting an eviction, constructive or actual, or disturbance of tenant's use or possession or giving rise to any claim for set-off or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1A) To change the name or street address of the property; (2) To Property; install and maintain signs on the exterior and interior of the property; (3) To prescribe the location and style of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expense); (4) To Property; retain at all times, and use in appropriate instances, keys to all doors within and into the premises; (5) To Premises; grant to any person Person the right to conduct any business or render any service at the propertyProperty, whether or not it is the same or similar to the use permitted tenant Tenant by this lease; (6) To Lease; and have access for landlord Landlord and other tenants of the property Property to any mail deposits chutes located on the premises Premises according to the rules of the United States Postal Service;. (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) To enter the Premises* at reasonable hours for reasonable purposes, including inspection and supplying cleaning service or other services to be provided Tenant hereunder, to show the Premises to current and prospective mortgage lenders, ground lessors, insurers, and prospective purchasers, tenants and brokers, at reasonable hours, and if Tenant shall abandon the Premises at any time, or shall vacate the same during the last 3 months of the Term, to decorate, remodel, repair, or alter the Premises. (C) To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof. (D) To decorate and to make alterations, additions and improvements, structural or otherwise, in or to the Property or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other public areas and the installation of kiosks, planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed). In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and during such operations may enter upon the Premises and take into and upon or through the Premises, all materials required to make such repairs, maintenance, alterations or improvements, and may close public entry ways, other public areas, restrooms, stairways or corridors. (E) To substitute for the Premises other premises (herein referred to as the "new premises") at the Property, provided: (i) the new premises shall be exercised similar to the Premises in a reasonablearea, nondiscriminatory fashion (ii) Landlord shall give Tenant at least thirty (30) days' written notice before making such change, and in a manner that will not unduly interfere with tenant's use or enjoyment the parties shall execute an amendment to the Lease confirming the change within thirty (30) days after either party shall request the same; and iii) if Tenant shall already have taken possession of the premisesPremises: (a) Landlord shall pay the direct, out-of-pocket, reasonable expenses of Tenant in moving from the Premises to the new premises and improving the new premises so that they are substantially similar to the Premises, and, (b) such move shall be made during evenings, weekends, or otherwise so as to incur the least inconvenience to Tenant. **see below In connection with entering the Premises to exercise any of the foregoing rights, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant's on-site manager or other appropriate person (except in emergencies, or for routine cleaning or other routine matters), and (b) take reasonable steps to minimize any interference with Tenant's business. * PROVIDED LANDLORD HAS GIVEN TENANT REASONABLE NOTICE (UNLESS IT IS FOR AN EMERGENCY), ** If Tenant does not desire the new premises provided under this Article 22(E), Tenant may cancel this Lease by giving Landlord written notice within 10 days after Landlord's notice (with an effective date 60 days thereafter) unless Landlord revokes the relocation in writing 30 days after receipt of Tenant's cancellation notice.

Appears in 1 contract

Samples: Office Lease (Industrial Training Corp)

RIGHTS RESERVED BY LANDLORD. (A) In general Landlord reserves full control over the property to the extent not inconsistent with tenant's quiet enjoyment, use, and access to the premises as expressly provided in this lease. Possession of areas necessary for utilities, services, safety, and operation of the property, including the systems and equipment (as defined in article XXVI), fire stairways, perimeter walls, space between the finished ceiling of the premises and the slab of the floor or roof of the property thereabove, and the use thereof, together with the right to install, maintain, operate, repair, and replace the systems and equipment, including any of the same in, through, under, or above the premises in locations that will not materially interfere with tenant's use of the premises, are hereby excepted and reserved to landlord, and not demised to tenant. More particularly, but without limitation, landlord shall have the rights enumerated in paragraphs (B) through (F), unless such rights are expressly inconsistent with any other provision of this leasefollowing rights, exercisable with reasonable without notice and without liability to tenant for damage or injury to property, person, or business Tenant and without effecting causing an eviction, eviction (constructive or actual, or disturbance of tenant's use or possession ) or giving rise to any claim for set-off setoff or abatement of rent. (B) Changes in property Landlord reserves the following rights: (1a) To change to designate and approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the name or street address exterior of the propertyPremises; (2b) To install to enter upon the Premises at reasonable hours to inspect, clean or make repairs or alterations (without implying any obligation to do so) and maintain signs on to show the exterior Premises to prospective lenders, purchasers and interior of tenants and, if the propertyPremises are vacated, to prepare them for reoccupancy; (3c) To prescribe to retain and use in appropriate instances keys to all doors into and within the location and style Premises (Tenant shall not change or add locks without the prior written consent of the suite number and identification sign or lettering for the premises occupied by the tenant (which shall be prepared and installed by landlord at tenant's expenseLandlord); (4d) To retain at all timesto decorate and to make repairs, alterations, additions or improvements (whether structural or otherwise) to and about the Shopping Center and, for such purposes, to enter upon the Premises, and to change the arrangement and location of parking areas, entrances, driveways and other Common Areas, all without abatement of rent or impairing Tenant's obligations so long as the Premises are reasonably accessible and fit for the use expressly permitted in appropriate instances, keys to all doors within and into the premises;this Lease; and (5e) To to grant to any person anyone the exclusive right to conduct any business or render any service at the property, whether in or not it is the same or similar to the Shopping Center, provided such exclusive right does not exclude Tenant from the use expressly permitted tenant by in this lease; (6) To have access for landlord and other tenants of the property to any mail deposits located on the premises according to the rules of the United States Postal Service; (7) To grant easements and licenses to others; and (8) To maintain or create ownership interests in the property separate from fee title to the land underlying the same. These rights apply provided that all of the actions permitted of landlord under this paragraph (B) shall be exercised in a reasonable, nondiscriminatory fashion and in a manner that will not unduly interfere with tenant's use or enjoyment of the premisesLease.

Appears in 1 contract

Samples: Shopping Center Lease (Total Entertainment & Restaurant Corp)

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