Common use of RIGHTS RESERVED TO LANDLORD Clause in Contracts

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1) upon thirty (30) days’ prior notice to change the name or street address of the Building; (2) to install and maintain signs on the exterior and interior of the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. to all locks and security devices within and to the Premises; (5) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of the Building, Project or Property; (7) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld for any work involving access to the same; (8) intentionally omitted; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.

Appears in 1 contract

Samples: Office Lease (Sige Semiconductor Inc)

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RIGHTS RESERVED TO LANDLORD. Landlord expressly reserves the following rights, exercisable without notice, except as provided herein, and without liability right to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1i) upon thirty (30) days’ prior notice to change the Building or Development’s name or street address of the Buildingaddress; (2ii) enter the Premises either personally or by designated representative at all reasonable times for the purpose of examining or inspecting the same; (iii) grant to anyone the exclusive right to conduct any business or render any service in or to the Development, provided such exclusive right shall not operate to exclude Tenant from the Permitted Use expressly permitted under Section 1 hereof; (iv) to install install, affix and maintain any and all signs on the exterior and interior of the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. to all locks and security devices within and to the Premises; (5v) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement size and location of entrances of passageways, doors safes and doorways, corridors, elevators, stairs, toilets other heavy equipment and public parts of articles in and about the Premises and the Building, Project or Property; (7) and to regulate access require all such items and furniture and similar items to telephone, electrical be moved into and other utility closets in out of the Building and Premises only at such time and in such manner as Landlord shall direct in writing, and (vi) to require use take all such reasonable measures as Landlord may deem advisable for the security of approved contractorsthe Building and its occupants, with such approval not to be unreasonably withheld including without limitation, the search of all persons entering or leaving the Building, the evacuation of the Building for any work involving cause, suspected cause or for drill purposes, the temporary denial of access to the same; Building, and the restriction of access to the Building at times other than normal business hours. LANDLORD: XXXX ROAD INDUSTRIAL LLC an Arizona limited liability company TENANT: INSYS PHARMA dba INSYS THERAPEUTICS INC. a Delaware corporation Xxxxxxxxxx Properties LLC By: /s/ Xxxxxxx X. Xxxxxx Managing Member Xxxxxxx X. Xxxxxx, President and CEO By: /s/ Xxxx Xxxxxxxxxx Date: 1/14/13 Xxxx Xxxxxxxxxx, Manager Date: 1/29/13 LIST OF EXHIBITS “A” — Diagrams of Office Parcel, Building and Premises “B” — Tenant Improvement Obligations “C” — Development Rules and Regulations Exhibit “A” DIAGRAMS OF OFFICE PARCEL (8) intentionally omitted; (9) INCLUDING “TENANT EMPLOYEE PARKING”), BUILDING AND PREMISES TENANT: INSYS PHARMA dba INSYS THERAPEUTICS INC. a Delaware corporation By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx, President and CEO Date: 1/14/13 Exhibit “B” TENANT IMPROVEMENT OBLIGATIONS Landlord shall deliver the Premises including all tenant improvements located therein to grant to anyone Tenant in an “as is” condition as of the exclusive right to conduct any business or undertaking date of this Lease, except that Landlord shall refurbish the premises in the Building provided Landlord’s exercise manner described below. Tenant hereby represents that it has fully inspected the Premises and such tenant improvements and agrees to accept them in such condition as of its rights under the date of this clause (9)Lease, as so refurbished. Landlord shall not be deemed have no other or further obligation to prohibit Tenant from the operation of its business in deliver, install or construct any tenant improvements or to otherwise improve the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months . Description of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.refurbishment:

Appears in 1 contract

Samples: Insys Therapeutics, Inc.

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business business, and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent Rent or affecting any of Tenant’s obligations under this Lease: (1a) upon thirty (30) days’ prior notice notice, to change the name or street address of the BuildingBuilding or the Property; (2b) to install and maintain signs on the interior and exterior and interior of the BuildingBuilding or the Property; (3c) to designate and approve window coverings to present a uniform exterior appearance; (4d) to retain at all times times, and to use in appropriate instances, pass keys, key cards, security and access codes, etc. to all locks and security devices within and to the Premises; (5e) to approve the size, weight, size, or location of heavy equipment, or articles within the Premises; (6f) to change the arrangement and location of entrances of doors, doorways, passageways, doors and doorways, corridors, stairs, stairwells, elevators, stairsrestrooms, toilets Parking Area, and public parts Common Areas of the Building, Project Building or the Property; (7g) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld designated contractors for any work involving access to the same; (8) intentionally omittedh) if Tenant has vacated the Premises during the last six (6) months of the Lease Term, to perform additions, alterations and improvements to the Premises in connection with a reletting or anticipated reletting thereof without being responsible or liable for the value or preservation of any then-existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any setoff or abatement of Rent; (9i) to grant to anyone the exclusive right to conduct any business or undertaking in the Building or the Property, provided that Landlord’s exercise of its rights under this clause (9i), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10j) to enter the Premises to inspect the same or to show the Premises to (1) or any Superior Lessor, Superior Mortgagee, prospective purchaserslessor, mortgageesprospective mortgagee, prospective purchaser or other party at any time during the Lease Term and (2) prospective tenants (during the last twelve (12) months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial serviceservice in accordance with Section 12.1 of this Lease, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11k) to temporarily close the Premises Premises, the Building or the Building Property to perform repairs, alterations or additions in to the Premises Premises, the Building or the BuildingProperty. In exercising its rights under this Section 27Section, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Aldeyra Therapeutics, Inc.)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1) upon thirty (30) days’ prior notice to change the name or street address of the Building; (2) to install and maintain signs on the exterior and interior of the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. keys to all locks and security devices within and to the Premises; (5) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of the Building, Project Building or Property; (7) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld designated contractors for any work involving access to the same; (8) intentionally omittedif Tenant has vacated the Premises during the last six (6) months of the Lease Term, to perform additions, alterations and improvements to the Premises in connection with a reletting or anticipated reletting thereof without being responsible or liable for the value or preservation of any then existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any abatement of Rent; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27Section, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting effecting an eviction or disturbance of Tenant’s 's use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s 's obligations under this Lease: (1) upon thirty (30) days' prior notice to change the name or street address of the Building; (2) to install and maintain signs on the exterior and interior of the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. keys to all locks and security devices within and to the Premises; (5) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of the Building, Project Building or Property; (7) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld designated contractors for any work involving access to the same; (8) intentionally omittedif Tenant has vacated the Premises during the last six (6) months of the Lease Term, to perform additions, alterations and improvements to the Premises in connection with a reletting or anticipated reletting thereof without being responsible or liable for the value or preservation of any then-existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any abatement of Rent; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s 's exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve (12) months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s 's business operations in the Premises. This Lease is subject and subordinate to all covenants, restrictions, reservations, liens, conditions, easements and other encumbrances affecting the Property. 29.

Appears in 1 contract

Samples: Office Lease (Aveo Pharmaceuticals, Inc.)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1) upon thirty (30) days’ prior notice to change the name or street address of the Building; (2) to install and maintain signs on the exterior and interior of the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. keys to all locks and security devices within and to the Premises; (5) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of the Building, Project Building or PropertyProject; (7) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld designated contractors for any work involving access to the same; (8) intentionally omittedif Tenant has vacated the Premises during the last six (6) months of the Lease Term, to perform additions, alterations and improvements to the Premises in connection with a reletting or anticipated reletting thereof without being responsible or liable for the value or preservation of any then existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any abatement of Rent; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 2726, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with TenantTxxxxx’s business operations in the Premises.

Appears in 1 contract

Samples: Lease Agreement (FibroBiologics Inc.)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1) upon thirty (30) days’ prior notice to change the name or street address of the Building; (2) to install and maintain signs on the exterior and interior of the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. keys to all locks and security devices within and to the Premises; (5) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of the Building, Project Building or Property; (7) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld designated contractors for any work involving access to the same; (8) intentionally omittedif Tenant has vacated the Premises during the last six (6) months of the Lease Term, to perform additions, alterations and improvements to the Premises in connection with a reletting or anticipated reletting thereof without being responsible or liable for the value or preservation of any then existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any abatement of Rent; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Lpath, Inc)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business business, and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent Rent or affecting any of Tenant’s obligations under this LeaseLease except as may be expressly provided herein: (1A) upon thirty (30) days’ prior notice notice, to change the name or street address of the BuildingBuilding or the Property; (2B) to install and maintain signs on the interior and exterior and interior of the BuildingBuilding or the Property; (3C) to designate and approve window coverings to present a uniform exterior appearance; (4D) to retain at all times times, and to use in appropriate instances, pass keys, key cards, security and access codes, etc. to all locks and security devices within and to the Premises; (5E) to reasonably approve the size, weight, size, or location of heavy equipment, or articles within the Premises; (6F) to change the arrangement and location of entrances of doors, doorways, passageways, doors and doorways, corridors, stairs, stairwells, elevators, stairsrestrooms, toilets Parking Area, and public parts Common Areas of the BuildingBuilding or the Property provided that Tenant’s access to the Premises, Project or Propertyrestrooms and the Parking Area shall not be materially adversely affected; (7G) to reasonably regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld designated contractors for any work involving access to the same; (8) H) [intentionally omitted]; (9I) to grant to anyone the exclusive right to conduct any business or undertaking in the Building or the Property, provided that Landlord’s exercise of its rights under this clause (9I), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10J) to enter the Premises to inspect the same or to show the Premises to (1) or any Superior Lessor, Superior Mortgagee, prospective purchaserslessor, mortgageesprospective mortgagee, prospective purchaser or other party at any time during the Lease Term and (2) prospective tenants (during the last twelve (12) months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions repairs thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial serviceservice in accordance with Section 12.1 of this Lease, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11K) upon reasonable prior notice (except in the case of accident or emergency), to temporarily shut down the air conditioning, electrical systems, heating, plumbing and/or elevators or to temporarily close the Premises Premises, the Building or the Building Property by reason of accident or emergency, or to perform repairs, alterations or additions in to the Premises Premises, the Building or the BuildingProperty. In exercising its rights under this Section 27Section, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Aldeyra Therapeutics, Inc.)

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RIGHTS RESERVED TO LANDLORD. In addition to any other rights Landlord reserves has under this Lease, at law, or in equity, Landlord shall, in its sole discretion, have the following rights, exercisable without notice, except as provided herein, notice and without liability to Tenant for damage or injury to property, person person, or business (Tenant waives and releases all claims for any damage related to Landlord's exercise of the following rights) and without affecting effecting an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff setoffs or abatement of rent Rent: (i) the right to sell, mortgage, assign, or affecting transfer all or any part of Tenant’s obligations under the Project or of this Lease: ; (1ii) upon thirty (30) days’ prior notice the right to change the name or street address of the BuildingBuilding or the suite number of the Premises; (2iii) the right to install and maintain signs on the exterior and interior of the Building or elsewhere on the Property; (iv) the right to take any reasonable measures for the safety and protection of all or any part of the Project, or any of its occupants; (v) the right to designate sign painting and lettering, towels, coffee cart service, vending machines, or toilet supplies to be used or consumed in the Building; (3vi) the right to designate and approve window coverings have access to present a uniform exterior appearanceall mail chutes or boxes according to the rules of the United States Postal Service; (4vii) the right to retain at require all times persons entering or leaving the Building during any hours as Landlord may on one or more occasions determine in its sole discretion to identify themselves to security personnel by registration or otherwise, and to use in appropriate instances, pass keys, key cards, access codes, etc. establish their right to all locks and security devices within and to the Premises; (5) to approve the weight, size, enter or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of leave the Building, Project and to exclude or Propertyexpel any peddler, solicitor, or beggar at any time from the Project; (7viii) the right to regulate access interrupt or temporarily suspend Project services and facilities; (ix) the right to telephone, electrical and other utility closets in close the Building at any time outside Normal Business Hours, or at any other times as Landlord may determine in its sole discretion, subject, however, to Tenant's right to admittance under the Rules and to require use of approved contractors, with such approval not to be unreasonably withheld for any work involving access to the sameRegulations that are presciibed on one or more occasions by Landlord in its sole discretion; (8) intentionally omitted; (9x) the right to grant to anyone the exclusive right to conduct any business or undertaking render any service in the Building, but this exclusive right shall not operate to exclude Tenant from the uses permitted under Section 8 of this Lease; and (xi) the right to lease space in the Building provided Landlord’s exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premisesrestaurant uses.

Appears in 1 contract

Samples: One Countryside Place (Payment Data Systems Inc)

RIGHTS RESERVED TO LANDLORD. Landlord reserves Tenant shall receive by virtue of this Lease only the following rights, exercisable without notice, except as provided hereinrights and privileges herein specifically granted and/or leased to Tenant, and Landlord specifically reserves to itself, without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1) upon thirty (30) days’ prior notice to change limiting the name or street address generality of the Building; foregoing (2i) the exclusive use of the roof of the Building in which the Premises are located (including, without limitation, the installation of antennae, signs, displays, equipment and/or other objects, as well as the right to install construct additional stories if Landlord so elects), exterior walls, and the area above and below the Premises, (ii) the right to place in the Premises (above ceilings, below floors or next to columns and in such manner as to reduce to a reasonable minimum the interference with Tenant's use of the Premises), utility lines, pipes and the like to serve premises other than the Premises and to enter the Premises to replace and maintain signs on and repair such utility lines, pipes and the exterior like in, over and interior of upon the Building; Premises as may have been installed therein, (3iii) the right to designate make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. to all locks and security devices within and to about the Premises; (5) to approve the weight, sizeProject, or location any part thereof, and for such purposes to enter upon the Premises and, during the continuance of heavy equipmentany such work, to temporarily close doors, entry ways, public space and corridors in the Project, to interrupt or articles within the Premises; (6) temporarily suspend services and facilities, and to change the arrangement and location of entrances of passagewaysor passage ways, doors and doorways, corridors, elevators, stairs, toilets and toilets, or other public parts of the BuildingProject, Project or Property; and (7iv) to regulate access to telephonetake all such reasonable measures as Landlord may deem advisable for the security of the Project and its tenants, electrical and other utility closets in including without limitation, the Building and to require use search of approved contractorsall persons entering or leaving the Project, with such approval not to be unreasonably withheld the evacuation of the Project for any work involving cause, suspected cause, or for drill purposes, the temporary denial of access to the same; (8) intentionally omitted; (9) Project and the closing of the Project after normal business hours, subject, however, to grant to anyone the exclusive Tenant's right to conduct admittance after such closing under such reasonable regulations as Landlord may prescribe from time to time. The exercise by Landlord of any business or undertaking of the rights and privileges reserved in the Building provided Landlord’s exercise of its rights under this clause (9), Section 2.3 shall not be deemed to prohibit Tenant from the operation affect any of its business Tenant's obligations hereunder or result in the Premises; (10) to enter any abatement of Rent, provided that the Premises shall continue to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premisesbe reasonably accessible.

Appears in 1 contract

Samples: Asset Purchase Agreement (Restaurant Teams International Inc)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1) upon thirty (30) days’ prior notice to change the name or street address of the Building; (2) to install and maintain signs on the exterior and interior of the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. keys to all locks and security devices within and to the Premises; (5) to reasonably approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of the Building, Project Building or Property; (7) to reasonably regulate access to telephone, electrical and other utility closets in the Building and to require use of reasonably approved contractors, with such approval not to be unreasonably withheld contractors for any work involving access to the same; (8) intentionally omittedif Tenant has vacated the Premises during the last month of the Lease Term, to perform additions, alterations and improvements to the Premises in connection with a reletting or anticipated reletting thereof without being responsible or liable for the value or preservation of any then existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any abatement of Rent; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s exercise of its rights under this clause (9), ) shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises at reasonable times to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of Tenant’s use or possession or giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease: (1) upon thirty (30) days’ prior notice to change the name or street address of the Building; (2) to install and maintain signs on the exterior and interior of the BuildingBuilding (excluding in the Premises); (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. to all locks and security devices within and keys to the lock to the main entrance of the Premises; provided however, that except in the event of an emergency, Landlord shall not be permitted to enter into any restricted areas inside the Premises without being accompanied by a representative of Tenant so long as Tenant makes such representative available; (5) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) to change the arrangement and location of entrances of passageways, doors and doorways, corridors, elevators, stairs, toilets and public parts of the Building, Project or PropertyProject; (7) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld for any work involving access to the same; (8) intentionally omitted; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (insurers, or during the last twelve months of the Lease Term) or insurers, to prospective tenants, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial servicesituation, Landlord shall provide Tenant with reasonable at least 24 hour prior notice (which may be oral) of any entry into the PremisesPremises and shall be accompanied by a representative of Tenant at all times so long as Tenant makes such representative available; and (11) 8) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building; provided that except in the event of an emergency, such closing will occur during periods other than Normal Business Hours and Landlord shall provide Tenant with at least seven (7) days advance written notice of such closing. In exercising its rights under this Section 2725, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Premises.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Scynexis Inc)

RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rightsLandlord, exercisable without notice, except as provided herein, and without liability to Tenant for damage or injury to property, person or business and without affecting an eviction or disturbance of it does not unreasonably interfere with Tenant’s use or possession or giving rise of the Leased Premises, reserves the right: to any claim erect, use and repair pipes, wires and conduits in and through the Leased Premises; to enter upon the Leased Premises for setoff or abatement the purpose of rent or affecting any of Tenant’s obligations under this Leaseinspection and to exhibit same for purpose of: (1i) upon thirty sale during the Term, or any extension thereof, (30II) days’ prior notice to change rental during the name or street address last ninety (90) days of the Building; Term, or any extension thereof, or (2iii) to install re-let the Leased Premises as provided for in numbered Section 20 hereof; to enter upon the Leased Premises, to clean and maintain signs make such repairs, alterations, decorations, improvements or additions as Landlord may reasonably deem necessary or desirable for the safety, preservation or improvement of the Mixed-Use Center, Property and/or the Leased Premises and Landlord shall have the right to take all materials into and upon the Leased Premises that may be required for such purposes without the same constituting a total or partial eviction of the Tenant and the Base Rent and Additional Rent, as applicable, shall not be abated while said repairs, alterations, decorations, improvements or additions are being made unless Xxxxxx’s permitted Use of the Leased Premises, as set forth in numbered Section 1 hereto, is substantially inhibited. As to public space a/k/a Common Areas on the exterior and interior of Property, Landlord shall have the Building; (3) to designate and approve window coverings to present a uniform exterior appearance; (4) to retain at all times and to use in appropriate instances, pass keys, key cards, access codes, etc. to all locks and security devices within and to the Premises; (5) to approve the weight, size, or location of heavy equipment, or articles within the Premises; (6) further right to change the arrangement and or location of the entrances of or passageways, doors parking, and doorwaysthe doing of any or all said things shall not relieve Tenant from any obligation under this Lease provided said change is done in a reasonable time and manner, corridors, elevators, stairs, toilets and public parts so long as any such change does not have a material adverse effect on Tenant or Tenant’s use of the Building, Project Leased Premises or Property; (7) to regulate access to telephone, electrical and other utility closets in the Building and to require use of approved contractors, with such approval not to be unreasonably withheld for any work involving access to the same; (8) intentionally omitted; (9) to grant to anyone the exclusive right to conduct any business or undertaking in the Building provided Landlord’s exercise of its rights under this clause (9), shall not be deemed to prohibit Tenant from the operation of its business in the Premises; (10) to enter the Premises to inspect the same or to show the Premises to prospective purchasers, mortgagees, tenants (during the last twelve months visibility of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, provided that, except for any entry in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises; and (11) to temporarily close the Premises or the Building to perform repairs, alterations or additions in the Premises or the Building. In exercising its rights under this Section 27, Landlord shall make commercially reasonable efforts to avoid unreasonably interfering with Tenant’s business operations in the Leased Premises.

Appears in 1 contract

Samples: Lease (BYTE Acquisition Corp.)

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