Common use of ACCESS; CHANGE IN FACILITIES Clause in Contracts

ACCESS; CHANGE IN FACILITIES. 22.1 All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipment, and the use thereof (provided, that the foregoing list shall not include Tenant’s personal property and trade fixtures, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair) are, subject to the express provisions hereof, hereby exclusively reserved to Landlord along with the right, at any time and without incurring any liability to Tenant therefor, to make any change in or to the Building and the Building equipment, as well as in the entrances, doors, lobbies, interior and exterior plaza areas, corridors, elevators, Building stairs, landings, toilets and other public parts of the Building, that Landlord may reasonably deem necessary or desirable, provided that any such change (a) does not unreasonably deprive Tenant of access to the Premises, or (b) does not materially and adversely interfere with the use or usable area of the Premises or the services furnished to the Premises for an unreasonable length of time. 22.2 Subject to the provisions of clauses (a) and (b) of Section 22.1, Landlord may install, use, control and maintain pipes, fans, ducts, wires and conduits within or through the walls, columns and ceilings of the Premises. Tenant hereby grants Landlord access through the Premises in connection with Landlord’s installation, use, control and maintenance of such pipes, fans, ducts, wires and conduits. Where access doors are required by Landlord in or adjacent to the Premises for mechanical trades, Landlord shall furnish them and have all keys to such access doors. Tenant shall cooperate with Landlord in the location of Landlord’s access doors for such facilities. 22.3 Landlord shall have the right to take all 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 leaving the Building, the evacuation of the Building for cause, suspected cause or for drill purposes. 22.4 Landlord or Landlord’s agents (and Master Landlord and its agents) shall have the right to enter the Premises after reasonable prior notice at any reasonable times during Business Hours, except in the event of an emergency, for any of the purposes specified in this Article and (a) to examine the Premises or for the purpose of performing any obligation of Landlord or exercising any right reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to prospective mortgagees or purchasers of the Building; (c) to exhibit the Premises to prospective tenants, but only within the last twelve (12) months of the Term; (d) to make or cause to be made such repairs or improvements, or to perform such maintenance, including the maintenance of Building equipment, as Landlord may deem necessary or desirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (e) to take into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required in connection therewith. If Tenant, its agents or employees shall not be present or shall not permit an entry into the Premises at any time when such entry shall be permissible, Landlord may use a master key or forcibly (if it has reasonable cause to do so) enter the Premises without any liability therefor, provided Landlord shall utilize appropriate due care in such circumstances while in the Premises. 22.5 The exercise of any rights retained by Landlord pursuant to this Article 22 shall be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person (while in the Premises or at the Building on its way to or from the Premises) or business and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use of possession or giving rise to any claim for setoff or abatement of Base Rent or Additional Rent. If Landlord causes damage to Tenant’s property through its negligence or willful misconduct in exercising the rights under in this Article 22, Landlord shall be liable for any damage or interruption of Tenant’s business to the extent the damage or interruption is not covered by Tenant’s insurance or the insurance Tenant is required to carry, pursuant to Article 17 hereof.

Appears in 1 contract

Sources: Lease (Franklin Credit Management Corp)

ACCESS; CHANGE IN FACILITIES. 22.1 Section 24.01. All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, atrium access ways to atria not within any tenant's premises, terraces, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone Telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipmentEquipment, and the use thereof (provided, that the foregoing list shall not include Tenant’s personal property and trade fixturesthereof, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair) are, are hereby, subject to Tenant's rights expressly set forth in the express provisions hereofWork Letter, hereby exclusively reserved to Landlord. Landlord along with reserves the right, at any time and time, without incurring any liability Liability to Tenant therefor, to make any change such changes in or to the Building and the Building equipmentEquipment, as well as in the entrances, doors, lobbies, interior and exterior plaza areas, atria not within any tenant's premises, corridors, elevators, Building stairs, landings, toilets and other public parts of the BuildingBuilding not within the Premises, that Landlord as it may reasonably deem necessary or desirable, provided that any such change (a) does not unreasonably deprive Tenant of access to the Premises, or (b) does not materially and adversely interfere with the use or usable area of the Premises or the services furnished to the Premises for an unreasonable length of time, and (c) does not reduce the area of the Premises in excess of 1/2% (provided that any such reduction in space shall be accompanied by an appropriate adjustment in rent). 22.2 Subject to the provisions of clauses (a) and (b) of Section 22.1, 24.02. Landlord may install, use, control and maintain pipes, fans, ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work will not unreasonably interfere with Tenant's use and occupancy of the Premises. Tenant hereby grants Landlord access through , or reduce the Premises floor area thereof by more than l/2% (provided that any such reduction in connection with Landlord’s installation, use, control and maintenance of such pipes, fans, ducts, wires and conduitsspace shall be accompanied by an appropriate adjustment in rent). Where access doors are required by Landlord in or adjacent to the Premises for mechanical trades, Landlord shall furnish them and have all keys to such access doors. Tenant shall cooperate with Landlord in the location of Landlord’s 's access doors for such facilities. 22.3 Landlord shall have the right to take all 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 leaving the Building, the evacuation of the Building for cause, suspected cause or for drill purposes. 22.4 Landlord or Landlord’s agents (and Master Landlord and its agents) shall have the right to enter the Premises after reasonable prior notice at any reasonable times during Business Hours, except in the event of an emergency, for any of the purposes specified in this Article and (a) to examine the Premises or for the purpose of performing any obligation of Landlord or exercising any right reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to prospective mortgagees or purchasers of the Building; (c) to exhibit the Premises to prospective tenants, but only within the last twelve (12) months of the Term; (d) to make or cause to be made such repairs or improvements, or to perform such maintenance, including the maintenance of Building equipment, as Landlord may deem necessary or desirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (e) to take into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required in connection therewith. If Tenant, its agents or employees shall not be present or shall not permit an entry into the Premises at any time when such entry shall be permissible, Landlord may use a master key or forcibly (if it has reasonable cause to do so) enter the Premises without any liability therefor, provided Landlord shall utilize appropriate due care in such circumstances while in the Premises. 22.5 The exercise of any rights retained by Landlord pursuant to this Article 22 shall be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person (while in the Premises or at the Building on its way to or from the Premises) or business and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use of possession or giving rise to any claim for setoff or abatement of Base Rent or Additional Rent. If Landlord causes damage to Tenant’s property through its negligence or willful misconduct in exercising the rights under in this Article 22, Landlord shall be liable for any damage or interruption of Tenant’s business to the extent the damage or interruption is not covered by Tenant’s insurance or the insurance Tenant is required to carry, pursuant to Article 17 hereof.

Appears in 1 contract

Sources: Lease (Instinet Group LLC)

ACCESS; CHANGE IN FACILITIES. 22.1 Section 23.01 (a) Nothing herein contained shall be construed as a letting by Landlord to Tenant of, (i) the faces of exterior walls, (ii) the space below the underside of the Premises, (iii) the land below the sub-base of or air rights above, the Premises or the Building, (iv) the roof, or (v) the common areas and facilities of the Building. All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, terraces, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for columns, shafts, stacks, stairways, risersconduits, elevator shafts and machinerypipes, conduitsductwork, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipmentEquipment, and the use thereof (provided, that the foregoing list shall not include Tenant’s personal property and trade fixturesthereof, as well as access thereto through the Premises for the purposes purpose of operation, decoration, cleaning, maintenance, safety, security, alteration and repair) are, are hereby reserved to Landlord. Notwithstanding the foregoing, subject to the express provisions hereofof this Lease, hereby exclusively reserved to Tenant shall have the right in common with other tenants of reasonable access to, and use of, the conduits, shafts, telephone rooms, stacks, stairways, pipes, ductwork, plumbing, electrical and other mechanical facilities, provided such access and use does not interfere with the proper functioning of the Building System, the operations of the Building and/or the use and occupancy by other tenants in the Building of their respective premises. Landlord along with reserves the right, at any time and time, without incurring any liability to Tenant therefor, to make any change such changes in or to the Building and the Building equipmentEquipment, as well as in the entrances, doors, lobbies, interior and exterior plaza areas, corridors, elevators, Building stairs, landings, toilets and other public parts of the Building, that Landlord as it may reasonably deem necessary or desirable, provided that any such change (a) does not unreasonably deprive Tenant of access to the Premises, or Premises and (b) does not materially and adversely unreasonably interfere with the use or usable area of the Premises or the services furnished to the Premises Premises, for an unreasonable length of time. 22.2 Subject to the provisions of clauses (a) , and (b) of Section 22.1, Landlord may install, use, control and maintain pipes, fans, ducts, wires and conduits within or through the walls, columns and ceilings of the Premises. Tenant hereby grants Landlord access through the Premises in connection with Landlord’s installation, use, control and maintenance of such pipes, fans, ducts, wires and conduits. Where access doors are required by Landlord in or adjacent to the Premises for mechanical trades, Landlord shall furnish them and have all keys to such access doors. Tenant shall cooperate with Landlord in the location of Landlord’s access doors for such facilities. 22.3 Landlord shall have the right to take all 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 leaving the Building, the evacuation of the Building for cause, suspected cause or for drill purposes. 22.4 Landlord or Landlord’s agents (and Master Landlord and its agents) shall have the right to enter the Premises after reasonable prior notice at any reasonable times during Business Hours, except in the event of an emergency, for any of the purposes specified in this Article and (a) to examine the Premises or for the purpose of performing any obligation of Landlord or exercising any right reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to prospective mortgagees or purchasers of the Building; (c) to exhibit the Premises to prospective tenants, but only within the last twelve (12) months of the Term; (d) to make or cause to be made such repairs or improvements, or to perform such maintenance, including the maintenance of Building equipment, as Landlord may deem necessary or desirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (e) to take into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required does not result in connection therewith. If Tenant, its agents or employees shall not be present or shall not permit an entry into the Premises at any time when such entry shall be permissible, Landlord may use a master key or forcibly (if it has reasonable cause to do so) enter the Premises without any liability therefor, provided Landlord shall utilize appropriate due care in such circumstances while in the Premises. 22.5 The exercise breach of any rights retained by covenant contained herein on the part of Landlord pursuant to this Article 22 shall be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person (while in the Premises or at the Building on its way to or from the Premises) or business observe and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use of possession or giving rise to any claim for setoff or abatement of Base Rent or Additional Rent. If Landlord causes damage to Tenant’s property through its negligence or willful misconduct in exercising the rights under in this Article 22, Landlord shall be liable for any damage or interruption of Tenant’s business to the extent the damage or interruption is not covered by Tenant’s insurance or the insurance Tenant is required to carry, pursuant to Article 17 hereofperform.

Appears in 1 contract

Sources: Lease Agreement (Jupiter Communications Inc)

ACCESS; CHANGE IN FACILITIES. 22.1 21.1 All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises presently being used as of the date of this Lease for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipment, and the use thereof (provided, that the foregoing list shall not include Tenant’s personal property and trade fixturesthereof, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair) are, subject to the express provisions hereof, are hereby exclusively reserved to Landlord, except to the extent otherwise specifically provided in this Lease. Landlord along with reserves the right, at any time and time, without incurring any liability to Tenant therefor, to make any change such changes in or to the Building and the Building equipment, as well as in the entrances, doors, lobbies, interior and exterior plaza areas, corridors, elevatorselevators (provided, however, Landlord shall during Business Hours and subject to maintenance and repairs, maintain two (2) passenger elevators to service the Premises), Building stairs, landings, toilets and other public parts of the Building, that Landlord as it may reasonably deem necessary or desirable, provided that any such change (a) does not unreasonably deprive Tenant of access to the Premises, or (b) does not materially and adversely interfere with the use or usable area of the Premises or the services furnished to the Premises for an unreasonable length of timetime or (c) does not materially reduce the size, or materially and dramatically change the size or nature, of the lobby of the Building. Notwithstanding the foregoing Tenant shall have the right, at its discretion, to laminate over any elevator banks within the Premises which are not servicing the applicable floor in the Premises, provided, (i) such lamination is permitted by, and Tenant complies with, all Legal Requirements and Insurance Requirements, (ii) Tenant obtains all necessary permits required to construct and maintain such lamination and (iii) at the end of the Term and prior to Tenant vacating the floor on which such lamination exists, Tenant removes such lamination and restores, at Tenant's sole cost and expense, the area to the condition existing prior to such lamination. If Landlord shall make material changes to the lobby, Landlord will advise Tenant of the changes and seek Tenant's advice and input. 22.2 Subject to the provisions of clauses (a) and (b) of Section 22.1, 21.2 Landlord may install, use, control and maintain pipes, fans, ducts, wires and conduits within or through the Premises, or through the walls, columns and ceilings therein, provided that the installation work and resulting construction will not unreasonably interfere with Tenant's use and occupancy of the Premises. Tenant hereby grants Landlord access through Premises nor diminish, beyond a de minimis degree, the Premises in connection with Landlord’s installation, use, control rentable square footage or wall area and maintenance of all such pipes, fans, ducts, wires and conduits. Where access doors are required by Landlord in or adjacent to the Premises for mechanical trades, Landlord shall furnish them and have all keys to such access doors. Tenant shall cooperate with Landlord in the location of Landlord’s access doors for such facilities. 22.3 Landlord shall have the right to take all 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 leaving the Building, the evacuation of the Building for cause, suspected cause or for drill purposes. 22.4 Landlord or Landlord’s agents (and Master Landlord and its agents) shall have the right to enter the Premises after reasonable prior notice at any reasonable times during Business Hours, except in the event of an emergency, for any of the purposes specified in this Article and (a) to examine the Premises or for the purpose of performing any obligation of Landlord or exercising any right reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to prospective mortgagees or purchasers of the Building; (c) to exhibit the Premises to prospective tenants, but only within the last twelve (12) months of the Term; (d) to make or cause to be made such repairs or improvements, or to perform such maintenance, including the maintenance of Building equipment, as Landlord may deem necessary or desirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (e) to take into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required in connection therewith. If Tenant, its agents or employees shall not be present or shall not permit an entry into the Premises at any time when such entry shall be permissible, Landlord may use a master key or forcibly (if it has reasonable cause to do so) enter the Premises without any liability therefor, provided Landlord shall utilize appropriate due care in such circumstances while in the Premises. 22.5 The exercise of any rights retained by Landlord pursuant to this Article 22 shall be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person (while in the Premises or at the Building on its way to or from the Premises) or business and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use of possession or giving rise to any claim for setoff or abatement of Base Rent or Additional Rent. If Landlord causes damage to Tenant’s property through its negligence or willful misconduct in exercising the rights under in this Article 22, Landlord shall be liable for any damage or interruption of Tenant’s business to the extent the damage or interruption is not covered by Tenant’s insurance or the insurance Tenant is required to carry, pursuant to Article 17 hereof.,

Appears in 1 contract

Sources: Lease Agreement (Organic Inc)

ACCESS; CHANGE IN FACILITIES. 22.1 All parts (except non-glass surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, all balconies, stairs, landings and roofs adjacent to the Premises, all space in or adjacent to the Premises used for columns, shafts, stacks, stairways, risers, elevator shafts and machinery, conduits, air conditioning rooms, telephone rooms, fan rooms, heating, ventilating, air conditioning, plumbing, electrical and other mechanical facilities, service closets and other Building equipment, and the use thereof (provided, that the foregoing list shall not include Tenant’s 's personal property and trade fixtures, as well as access thereto through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair) are, subject to the express provisions hereof, hereby exclusively reserved to Landlord along with the right, at any time and without incurring any liability to Tenant therefor, to make any change in or to the Building and the Building equipment, as well as in the entrances, doors, lobbies, interior and exterior plaza areas, corridors, elevators, Building stairs, landings, toilets and other public parts of the Building, that Landlord may reasonably deem necessary or desirable, provided that any such change (a) does not unreasonably deprive Tenant of access to the Premises, or (b) does not materially and adversely interfere with the use or usable area of the Premises or the services furnished to the Premises for an unreasonable length of time. 22.2 Subject to the provisions of clauses (a) and (b) of Section 22.1, Landlord may install, use, control and maintain pipes, fans, ducts, wires and conduits within or through the walls, columns and ceilings of the Premises. Tenant hereby grants Landlord access through the Premises in connection with Landlord’s 's installation, use, control and maintenance of such pipes, fans, ducts, wires and conduits. Where access doors are required by Landlord in or adjacent to the Premises for mechanical trades, Landlord shall furnish them and have all keys to such access doors. Tenant shall cooperate with Landlord in the location of Landlord’s 's access doors for such facilities. 22.3 Landlord shall have the right to take all 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 leaving the Building, the evacuation of the Building for cause, suspected cause or for drill purposes. 22.4 Landlord or Landlord’s 's agents (and Master Landlord and its agents) shall have the right to enter the Premises after reasonable prior notice at any reasonable times during Business Hours, except in the event of an emergency, for any of the purposes specified in this Article and (a) to examine the Premises or for the purpose of performing any obligation of Landlord or exercising any right reserved to Landlord in this Lease (or to the Superior Landlord in any Superior Lease); (b) to exhibit the Premises to prospective mortgagees or purchasers of the Building; (c) to exhibit the Premises to prospective tenants, but only within the last twelve (12) months of the Term; (d) to make or cause to be made such repairs or improvements, or to perform such maintenance, including the maintenance of Building equipment, as Landlord may deem necessary or desirable or required by any Governmental Authority, Legal Requirement or Insurance Requirement; and (e) to take into and temporarily store, during the course of such repairs, improvements or maintenance, upon the Premises all materials that may be required in connection therewith. If Tenant, its agents or employees shall not be present or shall not permit an entry into the Premises at any time when such entry shall be permissible, Landlord may use a master key or forcibly (if it has reasonable cause to do so) enter the Premises without any liability therefor, provided Landlord shall utilize appropriate due care in such circumstances while in the Premises. 22.5 The exercise of any rights retained by Landlord pursuant to this Article 22 shall be without liability to Tenant or any person claiming through Tenant for damage or injury to property, person (while in the Premises or at the Building on its way to or from the Premises) or business and without effecting an eviction, constructive or actual, or disturbance of Tenant’s 's use of possession or giving rise to any claim for setoff or abatement of Base Rent or Additional Rent. If Landlord causes damage to Tenant’s 's property through its negligence or willful misconduct in exercising the rights under in this Article 22, Landlord shall be liable for any damage or interruption of Tenant’s 's business to the extent the damage or interruption is not covered by Tenant’s 's insurance or the insurance Tenant is required to carry, pursuant to Article 17 hereof.

Appears in 1 contract

Sources: Lease (Franklin Credit Management Corp/De/)