Common use of Access to Premises Clause in Contracts

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 5 contracts

Sources: Ground Lease Agreement, Ground Lease Agreement (VCG Holding Corp), Stock Purchase Agreement (VCG Holding Corp)

Access to Premises. (a) Landlord and Landlord’s employees, its agents, servants, or employees agents and contractors may enter the Premises at reasonable times with reasonable advance (including during Building Hours) on at least twenty-four (24) hours’ prior written or verbal notice to Tenant (or an authorized employee except in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency) for the purpose of: (i) cleaning, to do the following: inspect the Premises; comply with all lawsinspecting, ordersaltering, ordinances improving and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show repairing the Premises to prospective lenders or purchasers andother parts of the Building; (ii) at reasonable intervals, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance ascertaining compliance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested Lease by Tenant; and (iii) showing the Premises to prospective purchasers, tenants or post mortgagees (on but with respect to prospective tenants for the DevelopmentPremises, only during the last six (6) months of the Term, as the same may be extended, and at any time a Tenant Default exists under this Lease). Landlord shall have free access to the Premises in an emergency, but not within or Landlord shall use its best efforts to notify Tenant of such emergency as soon as possible. Landlord shall at the entrance all times have a key with which to unlock all of the Premises) for sale or for lease signsdoors in the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in advance); provided; , however, that all Tenant may designate a limited number of specified rooms, offices or closets within the Premises as off-limits to janitorial service providers, and such entries providers shall not be completed promptly in a good workmanlike manner so as permitted to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. enter therein. (b) In all events, Landlord shall use commercially reasonable efforts to minimize interference with any entry into the Premises and Tenant’s business operations thereon. If in any work done by Landlord in the Building, Landlord and Landlord’s entry materially employees, agents and substantially interferes with contractors shall: (i) use their best efforts to avoid and minimize any damage or injury to, interference with, and disturbance of, Tenant and the conduct operation of Tenant’s business and/or cause damage in the Premises; (ii) comply with all reasonable security regulations and procedures as may then be in effect with respect to Tenant’s property operations in the Premises; and (iii) use their best efforts to maintain the confidentiality of any materials within the Premises. Tenant may secure the Premises at all times and may require that any individual entering the entry is not needed because Premises be accompanied by an employee of Tenant’s default, negligence or willful misconductTenant at all times (except in the case of an emergency), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 4 contracts

Sources: Lease Agreement, Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided that Landlord will not thereby reduce the rentable area of the Premises, other than to a de minimis extent. Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Section 14.2 If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable advance notice care to Tenant’s property), and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Section 14.3 Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known; provided, however, that Landlord shall not make any permanent alterations which will deny or substantially interfere with Tenant’s access to the Premises from the public areas of the Building. All parts (or an authorized employee except surfaces facing the interior of Tenant at the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances other than doors and entrances solely servicing the Premises), all balconies, terraces and at any time, upon reasonable notice roofs adjacent to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with , all laws, orders, ordinances and requirements of any governmental unit space in or authority for which Landlord may be responsible under this Lease, if any; show adjacent to the Premises to prospective lenders or purchasers andused for shafts, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Leasestacks, to prospective tenantsstairways, but only if all such showings chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance part of the Premises) , and Landlord shall have the use thereof, as well as access thereto through the Premises for sale or for lease signs; provided; howeverthe purposes of operation, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business maintenance, alteration and Tenant’s use of the Premisesrepair. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes in connection with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultany actions by Landlord permitted under this Section 14.3; provided, negligence or willful misconduct)however, then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and that Landlord shall be liable for have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any damage to Tenant’s propertyother overtime costs or additional expenses whatsoever.

Appears in 4 contracts

Sources: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)

Access to Premises. (a) Tenant shall permit Landlord, its agentsLandlord's agents and independent contractors and public utilities servicing the Building to have reasonable access for the purpose of maintaining existing concealed ducts, servants, pipes and conduits in and through and to access all Common Areas within the Building and all Common Areas comprising a portion of the Land. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice may be oral, to Tenant (examine the same, to show the same to prospective purchasers, Mortgagees or an authorized employee lessees of Tenant at the Premises)Building or space therein, and at to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested by Tenant; in whole or post (on in part and the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ in proportion or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly repair any damage caused to the extent Premises by such work, alterations, improvements or additions. Tenant shall, at Tenant's cost, take such action as may be reasonably necessary to grant to Landlord, its agents and independent contractors clearance and access by means of the interference Security System for the purposes herein set out. (b) Any work performed or installations made pursuant to this Article 15 shall be made with reasonable diligence and otherwise pursuant to Section 6.3. (c) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 15 shall, if reasonably practicable, either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning, columns or ceilings located or to be located in the Premises. Section 15.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord's agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents accord reasonable care to Tenant's Property), and without in any manner affecting this Lease. Section 15.3. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (Harrahs Entertainment Inc), Lease Agreement (Harrahs Entertainment Inc), Lease Agreement (Harrahs Entertainment Inc)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may materially adversely affect the appearance thereof; (ii) permit the Landlord and any Mortgagee to have free and unrestricted access to and to enter upon the Premises at all reasonable times with reasonable advance notice hours for the purposes of inspecting equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements in or to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do Building or elsewhere on the following: inspect the Premises; comply Property or complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii)’ permit Landlord, at reasonable times upon reasonable notice (which Landlord may such notice need not be responsible under in writing or given in accordance with Article 23.0 of this Lease), if any; to show the Premises during ordinary business hours to any Mortgagee, prospective lenders purchaser of any interest of Landlord in the Building, the Property or purchasers andany portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the ninety (90) days period of twelve months next preceding the Term Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If during the last month of the Term, Tenant shall have removed substantially all of Tenant’s property from the Premises, Landlord may immediately prior enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be furnished by Tenant. Landlord shall exercise its rights of access to the expiration Premises permitted under any of the terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance with the provisions of this Leaseminimize, to prospective tenantsthe extent practicable, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and with Tenant’s use and occupation of the Premises. In all eventsIf an excavation shall be made or authorized by the Landlord to be made upon the Property, Landlord Tenant shall use commercially reasonable efforts afford, to minimize interference with the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the Building, the Property or any portion thereof from injury or damage and Tenant’s business operations thereon. If to support the same by proper foundations without any claim for damage or indemnity against Landlord’s entry materially and substantially interferes with the conduct , or diminution or abatement of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyRent.

Appears in 3 contracts

Sources: Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.)

Access to Premises. LandlordLessee shall have access to the Leased Premises 24 hours per day, 7 days per week, 365 days per year. Lessee agrees that Lessor, its agents, servantsservants or employees, or employees any person authorized by Lessor, may enter the Leased Premises at reasonable times with reasonable advance during usual business hours (i) upon two (2) business days’ prior written notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances condition of the same and requirements of any governmental unit or authority for which Landlord to make such repairs as Lessor may be responsible required or permitted to make under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, (i) at any time without prior notice (but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference provide prior notice if possible), to exhibit the same to prospective purchasers of the Leased Premises, and, (iii) within ninety (90) days prior to the termination of this Lease, or any extensions thereof, to exhibit the Leased Premises to prospective tenants and to place in and upon the premises at such places as Lessor may determine “For Rent” signs or notices; provided, however, that such signs or notices shall not be placed in positions in which they would unreasonably interfere with the Premises and Tenantcontinued conduct of Lessee’s business operations thereonor obstruct Lessee’s own signs as then erected. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultNothing herein contained, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentshowever, shall ▇▇▇▇▇ in proportion be deemed or construed to the extent impose upon Lessor any obligation or liability whatever for care, supervision, repair, improvement, addition, change or alteration of the interference and Landlord shall be liable for any damage to Tenant’s propertyLeased Premises or the building or improvements thereon other than as expressly provided in this Lease.

Appears in 2 contracts

Sources: Contribution and Distribution Agreement (Xpedx Holding Co), Contribution and Distribution Agreement (Xpedx Holding Co)

Access to Premises. Landlord, Landlord reserves for itself and its agents, servants, or employees may and independent contractors the right to enter the Premises upon at reasonable times with reasonable advance least twenty-four (24) hours notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, ordersto supply any service to be provided by Landlord to Tenant, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders purchasers, mortgagees, beneficiaries or purchasers and, during the ninety (90no earlier than twelve (12) days immediately months prior to the expiration of this Lease if Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant declines is complying with its obligations under this Lease, and to renew alter, improve or repair the Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time on oral notice. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant waives any claim for an additional term damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Section 21. Any entry to the Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the provisions of this LeasePremises, to prospective tenantsor an eviction, but only if all such showings are accompanied by a representative actual or constructive, of Tenant if so requested by Tenant; from the Premises or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries any portion thereof. Landlord shall be completed promptly perform any work pursuant to this Section 21 in a good workmanlike manner so as designed to cause the least practical as little interference to Tenant’s business and with Tenant’s use of the Premises. In all eventsPremises as is reasonably practical, provided, however, that Landlord and Tenant shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable cooperate as additional rents, shall ▇▇▇▇▇ in proportion to the timing and staging of any such work. To the extent of the interference and Landlord reasonably practicable, any entry shall be liable for any damage to Tenant’s propertyoccur during normal business hours.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Zulily, Inc.)

Access to Premises. LandlordAfter reasonable notice, its agents, servants, or employees may Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Premises at reasonable all times with reasonable advance notice during usual business hours for the purpose of inspecting, making any necessary repairs required or permitted to Tenant (or an authorized employee of Tenant at the Premises)be made by Landlord hereunder, conducting environmental testing, and at performing any time, upon reasonable notice work therein required or permitted to Tenant under the circumstances, in an emergency, be made by Landlord hereunder that may be necessary to do the following: inspect the Premises; comply with all any laws, ordersordinances, ordinances and rules, regulations or requirements of any governmental unit public authority or authority for which of the Board of Fire Underwriters or any similar body or that Landlord may be responsible deem necessary to prevent waste or deterioration in connection with the Premises. Nothing herein shall imply any duty upon the part of Landlord to do any such work that, under any provision of this Lease, if any; show Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant’s default in failing to perform the same. The Landlord may, during the progress of any work in the Premises, keep and store upon the Premises all necessary materials, tools and equipment. The Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of Tenant by reason of making repairs or the performance of any work in the Premises, or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever so long as Landlord uses reasonable care to minimize its disturbance of Tenant’s business operations hereunder. Tenant agrees that no additional locks will be placed on any of the doors to the Premises without the written consent of Landlord. Landlord reserves the right to enter upon the Premises at any time in the event of an emergency and, after reasonable notice, at reasonable hours to exhibit the Premises to prospective lenders purchasers or purchasers and, others; and to exhibit the Premises to prospective tenants and to display “For Lease” or similar signs on windows or doors in the Premises during the ninety (90) days immediately prior to last twelve months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions Term of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested without hindrance or molestation by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Sources: Commercial Lease (Entellus Medical Inc), Commercial Lease (Entellus Medical Inc)

Access to Premises. SECTION 15.1. Tenant shall permit Landlord, its agentsLandlord's agents and any public utilities servicing the Premises to erect, servantsuse and maintain, now and hereafter, concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to show the same to prospective purchasers or Mortgagees and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises, or (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with reasonable advance notice Requirements, and Landlord shall be allowed to Tenant (take all material into and upon the Premises that may be required therefor without the same constituting an eviction or an authorized employee constructive eviction of Tenant at in whole or in part and the Premises)Fixed Rent (and any other item of Rental) shall in no respect abate or be reduced by reason of said repairs, and alterations, improvem▇▇▇▇ or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly repair any damage caused to the Premises by such work, alterations, improvements or additions. SECTION 15.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord's agents may enter the same without rendering Landlord or such agents liable therefor. SECTION 15.3. Landlord also shall have the right at any time, upon reasonable notice without the same constituting an actual or constructive eviction and without incurring any liability to Tenant under the circumstances, in an emergencytherefor, to do change the following: inspect arrangement or location of entrances or passageways, doors and doorways, and corridors, stairs, toilets or other parts of the Premises, provided any such change does not unreasonably interfere with, or deprive Tenant of access to, the Premises; comply with all lawsto put so-called "solar film" or other energy-saving installations on the inside and outside of the windows; and to change the name, orders, ordinances and requirements of any governmental unit number or authority for designation by which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertycommonly known.

Appears in 2 contracts

Sources: Lease Agreement (Comfort Systems Usa Inc), Lease Agreement (Comfort Systems Usa Inc)

Access to Premises. Tenant shall permit Landlord to use and maintain pipes and conduits in and through Demised Premises. Landlord and Landlord, its agents, servants, or employees may 's agents shall have the right to enter the Demised Premises at reasonable times with reasonable advance notice all times, to Tenant (examine the same and to clean and make such repairs, alterations, decorations, additions and improvements as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon Demised Premises that may be required therefor without the same constituting an authorized employee eviction of Tenant at the Premises)in whole or in part, and at any time, upon reasonable notice subject to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseArticle 10, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries Base Annual Rent reserved shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall no wise ▇▇▇▇▇ in proportion white said repairs, alterations, decorations, additions or improvements are being made, by reason of inconvenience, annoyance or injury to the extent business of Tenant because of the interference prosecution of any such work, or otherwise. Landlord and Landlord's agents are expressly granted permission to show Demised Premises at any reasonable time to prospective tenants, mortgagees, purchasers, Lessees of the Building and other persons with a business interest therein. If, during the last month 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 Demised Premises, without elimination or abatement of rent or other compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into Demised Premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (I during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property therefrom, Landlord may immediately enter and alter, renovate and redecorate Demised Premises, without elimination or abatement of rent or other compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into Demised Premises, a any time, when for any damage reason an entry therein shall be necessary or permissible hereunder, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant’s 's property.), and without in any manner affecting the obligations, terms, covenants, conditions, provisions or agreement of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Park or the Building or any part thereof, other than an otherwise provided in this Lease. TENANT'S INSURANCE

Appears in 2 contracts

Sources: Lease Agreement (Homelife Inc), Lease Agreement (Homelife Inc)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may 's agents and designees shall have the right to enter the Demised Premises at all reasonable times with reasonable advance upon five (5) days' prior notice to Tenant (or an authorized employee of Tenant at the Premiseswhich may be telephonic), and at any time, upon reasonable except that no notice to Tenant under shall be required in the circumstances, in event of an emergency, to do inspect or examine the following: inspect same, and to show them to prospective purchasers or mortgagees of the Demised Premises and to make such tests, repairs, alterations, improvements or additions as Landlord may reasonably deem necessary or desirable, and Landlord shall be allowed to take all material into and upon the Demised Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and the Annual Base Rent and Additional Rent shall in no way ▇▇▇▇▇ (provided the Demised Premises are not rendered entirely unusable thereby, and if a portion of the Demised Premises is rendered entirely unusable thereby and Tenant does not in fact use such portion of the Premises; comply with all laws, ordersthen there shall be a proportionate abatement of Rent) while said repairs, ordinances and requirements alterations, improvements, or additions are being made, by reason of any governmental unit loss or authority for which Landlord may be responsible interruption of the business of Tenant, or otherwise. In the exercise of its rights under this LeaseSection, if any; show Landlord shall use all reasonable efforts, which shall not include the use of overtime labor, to minimize interference with Tenant's conduct of business in the Demised Premises to prospective lenders or purchasers and, during normal business hours. During the ninety six (906) days immediately months prior to the expiration of this the Lease if Tenant declines to renew for an additional term in accordance with Term, Landlord may exhibit the provisions of this Lease, Demised Premises to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; lessees and place upon the Demised Premises the usual "To Let" or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property"For Rent" notices.

Appears in 2 contracts

Sources: Real Property Put and Option Agreement (Ha Lo Industries Inc), Lease (Ha Lo Industries Inc)

Access to Premises. Section 15.1 (a) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain ducts, pipes and conduits in and through the Premises provided same are concealed within existing floors, ceilings and walls and do not reduce the usable area of the Premises and provided Tenant receives prior reasonable notice and provided further that any installation shall be made while Tenant is present. Subject to scheduling with Tenant, Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice to Tenant and (or an authorized employee except no such prior notice shall be required in case of Tenant at the Premisesemergency), and at any time, upon reasonable notice to Tenant under in the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements company of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Developmentexcept in an emergency), but not within or provided that Tenant has provided a representative at the entrance designated time stated by Landlord, to reasonably examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or, during the last twelve (12) months of the Premises) for sale Term, lessees of the Building and their respective agents and representatives or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use prospective tenants of the Premises. In all events, Landlord shall use commercially reasonable efforts have the right, upon notice to minimize interference Tenant as provided in the preceding sentence and scheduling with Tenant, to make such repairs, alterations, improvements or additions to the Premises and (i) as Landlord may deem reasonably necessary or desirable to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage failure to Tenant’s property (make repairs or perform any work which Tenant is obligated to make or perform under this Lease after notice to Tenant and the entry is not needed because expiration of Tenant’s defaultany applicable cure period, negligence or willful misconduct)(iii) for the purpose of complying with Laws, then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord will use commercially reasonable effort to not interfere with or materially disrupt Tenant’s propertyoperations at the Premises and will adhere to or comply with Tenant’s reasonable security requirements.

Appears in 2 contracts

Sources: Lease Agreement (Emdeon Inc.), Lease Agreement (Emdeon Inc.)

Access to Premises. Section 14.1 Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except; no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant (examine the same, to show them to prospective purchasers, Mortgagees, Lessors or an authorized employee lessees of Tenant at the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant; , or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesotherwise. In all events, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use and occupancy of the Premises and Tenant’s business operations thereon. in making any repairs, alterations, additions or improvements pursuant to this Section 14.1, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Section 14.2 If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry materially and substantially interferes with the conduct of TenantLandlord or Landlord’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, agents shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage accord reasonable care to Tenant’s property), and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Section 14.3 Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances other than doors and entrances solely servicing the Premises), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair.

Appears in 2 contracts

Sources: Lease Agreement (Switch & Data, Inc.), Lease Agreement (Switch & Data, Inc.)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises demised premises in any emergency at any time, and at other reasonable times with times, upon reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencywhich may be oral, to do examine the following: inspect the Premises; comply with all lawssame and to make such repairs, orders, ordinances replacements and requirements of any governmental unit or authority for which Landlord improvements as Owner may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior deem necessary and reasonably desirable to the expiration of this Lease if Tenant declines demised premises or to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance any other portion of the Premises) for sale building or for lease signs; provided; howeverwhich Owner may elect to perform. Owner agrees that while exercising such right of entry or making such repairs, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsreplacements or improvements, Landlord Owner shall use commercially reasonable efforts to minimize interference interfering with the Premises permitted use. Tenant shall permit Owner to use and Tenant’s maintain and replace pipes, ducts, and conduits in and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floors, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall the Tenant be entitled to any abatement of rent while such work is in progress, nor to any damages by reason of loss or interruption of business operations thereonor otherwise except as set forth herein. Throughout the term hereof, Owner shall have the right to enter the demised premises at reasonable hours upon reasonable advance notice to Tenant which may be oral for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last 24 months of the term, for the purpose of showing the same to prospective tenant. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry Tenant is not needed because of Tenantpresent to open and permit an entry into the demised premises, Owner or Owner’s defaultagents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion provided reasonable care is exercised to the extent of the interference and Landlord shall be liable for any damage to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to be the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant.

Appears in 2 contracts

Sources: Sublease Agreement (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)

Access to Premises. Landlord, Landlord reserves for itself and its agents, servants, or employees may and independent contractors the right to enter the Premises upon at reasonable times with reasonable advance least twenty-four (24) hours notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, ordersto supply any service to be provided by Landlord to Tenant, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders purchasers, mortgagees, beneficiaries or purchasers and, during the ninety (90no earlier than twelve (12) days immediately months prior to the expiration of this Lease if Lease) tenants, to post notices of nonresponsibility, to determine whether Tenant declines to renew for an additional term in accordance is complying with the provisions of its obligations under this Lease, and to prospective tenantsalter, but only if all such showings are accompanied improve or repair the Premises or any other portion of the Building. Landlord's right to enter the Premises shall include the right to grant reasonable access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by a representative the character of Tenant if so requested by Tenant; the work to be performed in making repairs or post (on the Developmentimprovements, but not within or at provided that the entrance to the Premises shall not be blocked or access interfered with thereby, and that there is no unreasonable interference with the business of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsthe event of an emergency, Landlord shall use commercially reasonable efforts have the right to minimize interference with enter the Premises and Tenant’s business operations thereonat any time on oral notice. If Except to the extent caused by Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, 's gross negligence or willful misconduct), then in such event Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the rent and Premises, any sums due and payable as additional rentsright to abatement of Rent, shall ▇▇▇▇▇ in proportion or any other loss occasioned by Landlord's exercise of any of its rights under this Section 21. Any entry to the extent Premises or portions thereof obtained by Landlord in accordance with this Section 21 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Landlord shall perform any work pursuant to this Section 21 in a manner designed to cause as little interference with Tenant's use of the interference Premises as is reasonably practical, provided, however, that Landlord and Landlord Tenant shall be liable for cooperate as to the timing and staging of any damage to Tenant’s propertysuch work. To the extent reasonably practicable, any entry shall occur during normal business hours.

Appears in 2 contracts

Sources: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)

Access to Premises. Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or (iv) for the purpose of complying with reasonable advance notice laws, regulations or other requirements of government authorities; Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise ▇▇▇▇▇ while any decorations, repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If, during the last twelve (12) 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 elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an authorized employee actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. In addition, Tenant at understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and at that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements abatement of Rent on account of any governmental unit noise, vibration or authority for which Landlord may be responsible under this Lease, if any; show other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to prospective lenders or purchasers and, during said Premises) which shall arise out of the ninety performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (90) days immediately prior to except surfaces facing the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 2 contracts

Sources: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)

Access to Premises. Landlord, its agents, servants, or employees may Landlord shall be entitled to enter upon the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any timeduring Tenant’s customary business hours, upon reasonable notice to Tenant under the circumstancesgiven no less than forty-eighty (48) hours in advance, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements for purposes of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show inspecting the Premises for potential repairs, or making any repairs thereto or to prospective lenders or purchasers andLandlord’s adjoining property. Also, during the last ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the PremisesLease Term (or commencing on such earlier date, if any, as Tenant advises Landlord that Tenant does not intend to extend or renew the Lease Term) for sale or for lease signs; provided; however, that all such entries Landlord shall be completed promptly in a good workmanlike manner so as entitled to cause enter upon the least practical interference Premises for purposes of placing any “For Lease” notices on or about the Premises, or to Tenant’s business and Tenant’s use of show or display the Premises. No such notices shall be removed, molested or hidden by Tenant. Landlord may, without prior notice in case of an emergency, enter the Premises to remedy such emergency, in which event Landlord shall give Tenant written notice within twenty-four (24) hours thereafter of the reason for and time of entry and of all actions taken by Landlord and the cost thereof. In all eventsthe event of any entry pursuant to this Paragraph 3.5, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes not unreasonably interfere with the conduct of Tenant’s business and/or cause damage operations. Landlord shall coordinate with Tenant regarding both the scope and timing of any repair work in the Premises prior to Tenant’s property (and the entry is not needed because performance of any such repair work. In the event such repair work would unreasonably interfere with the conduct of Tenant’s default, negligence or willful misconductoperations (as reasonably determined by Tenant), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for take such precautions as reasonably requested by Tenant to minimize any damage to unreasonable interference thereto. Provided Landlord uses commercially reasonable judgment in minimizing unreasonable interference with Tenant’s propertyoperations, Landlord’s entry shall not be deemed an actual or constructive eviction or disturbance of Tenant. Nothing contained in this Paragraph 3.5 or elsewhere in this Lease shall obligate Landlord in any fashion under any circumstances to enter or inspect the Premises.

Appears in 2 contracts

Sources: Industrial Lease Agreement (Premier Exhibitions, Inc.), Industrial Lease Agreement (Premier Exhibitions, Inc.)

Access to Premises. Section 39.01 Landlord and Landlord, its agents, servants, or employees may ’s agents shall have the right (but shall not be obligation) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or in an authorized employee of Tenant at the Premises), and emergency at any time, and, at other reasonable times upon reasonable notice forty - eight (48) hour advance notice, if possible to Tenant under examine same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the circumstancesDemised Premises (however, in an emergencyno event may Landlord be permitted to perform any work to the exterior face and perimeter windows of the Building or perform any work which shall disrupt Tenant’s operation of the Demised Premises) or to any other portion of the Building. Tenant shall permit Landlord to erect, use and maintain and replace pipes and conduits in and through the Demised Premises and to do erect new pipes and conduits therein, provided they are installed adjacent to or concealed behind the following: inspect the Premises; comply with all lawswalls, orders, ordinances and requirements of any governmental unit floor or authority for which ceiling. Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andmay, during the ninety (90) days immediately prior progress of any work in the Demised Premises, take all necessary materials and equipment into said Demised Premises without the same constituting an eviction, except as otherwise set forth in Section 13.02 and Section 9.02 thereof, Tenant shall not be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the expiration Term, Landlord shall have the right to enter the Demised Premises at reasonable hours, upon reasonable notice, for the purpose of this Lease if Tenant declines showing the same to renew prospective purchasers or mortgagees of the Building, and during the last twelve months of the Term for an additional term in accordance with the provisions purpose of this Lease, showing the same to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, . Section 39.02 Landlord shall use commercially its reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially use and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent occupancy of the interference and Demised Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall be liable for no have no obligation to employ contractors or labor at so- called overtime or other premium pay rates or to incur any damage to Tenant’s propertyother overtime costs or expense whatsoever.

Appears in 2 contracts

Sources: Lease Agreement (Clipper Realty Inc.), Lease Agreement (Clipper Realty Inc.)

Access to Premises. Tenant shall permit Landlord, its agentsagents and designees, servantsto erect, or employees may enter use and maintain pipes, ducts, wiring and conduits in and through the Premises at reasonable times with reasonable advance notice and to Tenant (or an authorized employee have free access to the Premises and any part thereof in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; , however, that all in each such entries case, the Landlord shall be completed promptly in a good workmanlike manner so as to cause not unreasonably interfere with the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsLandlord or Landlord’s agents shall also have the right to enter upon the Premises to inspect the same, to perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or additions to the Premises or the Project as Landlord may reasonably deem necessary or desirable, and Landlord shall use commercially reasonable efforts be allowed to minimize interference with take all material into and upon said Premises that may be reasonably required thereof without the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct same constituting an eviction of Tenant’s business and/or cause damage to Tenant’s property (Tenant in whole or in part, and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then rent reserved shall in such event the rent and any sums due and payable as additional rents, shall no way ▇▇▇▇▇ (except as provided in proportion Sections 13 or 14 hereof) while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise; provided, however, that in each such case, the Landlord shall not unreasonably interfere with the Tenant’s use of the Premises. If Tenant shall not be personally present to open and permit an entry into said Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease; provided, however, that Landlord shall provide notice to Tenant of any such entry and shall reasonably secure the Premises. Nothing contained in this Section 10, however, shall be deemed or construed to impose upon Landlord any obligations, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, in the exercise of any rights herein provided, except to the extent of any damage caused to the interference and Premises. So long as tenant’s possession of the Premises are not adversely affected, Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or public parts of the Building, and to close entrances, doors, corridors, elevators or other facilities. Landlord shall not be liable to Tenant for any expense, injury, loss or damage to Tenant’s propertyresulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley.

Appears in 2 contracts

Sources: Office Lease (AveXis, Inc.), Office Lease (AveXis, Inc.)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, and at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Owner shall not enter upon the demised premises except upon reasonable advance notice to Tenant under which may be oral (except in the circumstances, in case of an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for in which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries case notice shall be completed promptly in a good workmanlike manner so given as to cause the least practical interference to Tenant’s business soon as practicable) and Tenant’s use of the Premises. In all events, Landlord Owner shall use commercially make reasonable efforts to minimize interference with the Premises disturbance caused by any entry upon the premises. Tenant shall permit Owner to use and maintain and replace pipes, ducts, and conduits in and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floors, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall the Tenant be entitled to any abatement of rent while such work is in progress, nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term, for the purpose of showing the same to prospective tenant. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s business operations thereonproperty, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. If Landlord’s entry materially and during the last month of the term Tenant shall have removed all or substantially interferes with the conduct all of Tenant’s business and/or cause damage property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and such act shall have no effect on this lease or Tenant’s obligations hereunder. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property (and line of the entry building, is not needed because of Tenant’s defaultleased hereunder, negligence anything contained in or willful misconduct)indicated on any sketch, then blue print or plan, or anything contained elsewhere in such event this lease to be the rent and any sums due and payable contrary notwithstanding. Owner makes no representation as additional rents, shall ▇▇▇▇▇ in proportion to the extent location of the interference property line of the building. All vaults and Landlord vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed Constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be liable paid by Tenant. Occupancy: 15. Tenant will not at any time use or occupy the demised premises in violation of the certificate of occupancy issued for the building of which the demised premises are a part. Tenant has inspected the demised premises and accepts them as is. In any damage event, Owner makes no representation as to Tenant’s propertythe condition of the demised premises, and Tenant agrees to accept the same subject to violations, whether or not of record, except as set forth in this Lease.

Appears in 2 contracts

Sources: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

Access to Premises. SECTION 14.1 Subject to the provisions of Section 5.3, Tenant shall permit Landlord, its Landlord's agents, servantsand public utilities servicing the Building to erect, or employees may use and maintain concealed ducts, pipes and conduits in and through the Premises. Landlord and Landlord's agents, shall have the right to enter the Premises at all reasonable times with reasonable advance upon forty-eight (48) hours' prior notice (except no such prior notice shall be required in case of a condition posing an imminent threat of harm to Tenant (persons or an authorized employee property), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of Tenant at all or any part of the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem reasonably necessary or desirable to the Premises or to any timeother portion of the Property, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be reasonably required therefor without the same constituting an eviction or purchasers andconstructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, during the ninety (90) days immediately prior to the expiration alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise, unless caused by Landlord's gross negligence or willful misconduct. Landlord covenants and agrees, in exercising its rights under this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseArticle 14, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall T▇▇▇▇▇'s use and enjoyment of the Premises. SECTION 14.2 If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord's agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in proportion any manner affecting this Lease. Nothing in this Lease contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as in this Lease provided. SECTION 14.3 Subject to Section 5.3, Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefore provided that after such alteration Tenant has the use of facilities that are similar to and provide substantially the same benefits to Tenant as existed before such alteration to the extent same are reasonably required for Tenant to operate its Mission Critical Data Center in the Premises, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the interference Building and to change the name, number or designation by which the Building is commonly known. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior corridor walls, exterior doors and entrances other than doors and entrances solely servicing the Premises), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair thereto provided such access does not cause a material adverse effect on Tenant's use and operations or Tenant's rights under this Lease. SECTION 14.4 Any reservation of a right by Landlord to enter upon the Premises and to make or perform any repairs, restorations and replacements, Alterations or other work in, to or about the Premises which, in the first instance, is the obligation of Tenant pursuant to this Lease, shall not be deemed to: (a) impose any obligation on Landlord to do so, (b) render Landlord liable (to Tenant or any third party) for the failure to do so, or (c) relieve Tenant from any damage obligation to Tenant’s propertyindemnify Landlord as otherwise provided elsewhere in this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Athenahealth Inc), Lease Agreement (Athenahealth Inc)

Access to Premises. Landlord, its agents, servants, (a) Lessor or employees may Lessor’s agents shall have the right (but shall not be obligated) to enter the Premises leased premises in any emergency at any time, and at other reasonable times with reasonable advance prior notice to Tenant Lessee, to examine the same and make such repairs, replacements and improvements as Lessor my deem necessary and reasonably desirable to any portion of the building or which Lessor may elect to perform, in the premises, following Lessee’s failure after applicable notice and cure periods to make repairs or perform any work which Lessee is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. In the event that Lessor does work under this paragraph (or an authorized employee a) which was Lessee’s obligation under this lease, Lessee shall promptly reimburse Lessor for Lessor’s costs and expenses, including the reasonable value of Tenant at the Premises)time spent by Lessor’s employees, in doing such work. Lessor shall not make such repairs which are the responsibility of the Lessee without first providing written notice to the Lessee 30 days in advance of such repair, and Lessee shall have this 30 days to complete the repair at any timeLessee’s expense. (b) Throughout the term hereof, upon Lessor shall have the right to enter the leased premises, at reasonable hours and with reasonable prior notice to Tenant under Lessee, for the circumstancespurpose of showing the same prospective purchasers or mortgagees of the building, in an emergency, to do and during the following: inspect last six (6) months of the Premises; comply with all laws, orders, ordinances and requirements term for the purpose of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show showing the Premises same to prospective lenders or purchasers andtenants and may, during said six (6) month period, place upon the ninety (90) days immediately prior premises the usual notice “To Let” and “For Sale” which notices Lessee shall permit to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyremain without molestation.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Trudy Corp), Asset Purchase Agreement (Trudy Corp)

Access to Premises. Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain, concealed ducts, pipes and conduits in and through the walls, columns and hung ceilings and under the floors of the Premises to the extent reasonably practicable, and provided that the foregoing shall not reduce the usable square foot area of the Premises by more than a de minimis amount or employees may materially interfere with the floor plan of the Premises. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times to examine the same, to show them to prospective purchasers, mortgagees or lessees of the entire office portion of the Building or space therein, and to make such repairs, alterations, improvements or additions as Landlord may reasonably deem necessary to the Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or for the purpose of complying with Legal Requirements and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise ▇▇▇▇▇ while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year period prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. Except in the event of an emergency or where such entry is required pursuant to Legal Requirements, Landlord’s right of entry pursuant to this Article shall be exercised following reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable which notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Leaseoral) and Landlord agrees that while exercising such right of entry or making such repairs, if any; show the Premises to prospective lenders replacements or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsimprovements, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause business, without however, the necessity of incurring any overtime or other additional expense. Subject to the provisions of Subsection 9B hereof, Landlord shall promptly repair any damage to the Premises caused by Landlord’s or its agents’, employees’ or contractors’ access to the Premises. Tenant shall have the right to have a representative present during any entry into the Premises by Landlord or its agents, employees or contractors, provided that Tenant makes a representative available following the notice required by this Article 13 (if any). If, during the last three (3) 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 elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry is not needed because of Tenant’s defaultinto the Premises, negligence or willful misconduct)at any time, then in such event the rent and when for any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or in the event of an emergency may forcibly enter the same, without rendering Landlord or such agents liable for any damage therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known, provided that such changes shall not have a material adverse effect on Tenant’s access to the Premises or the general office use of the Premises. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair.

Appears in 2 contracts

Sources: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)

Access to Premises. A. Landlord, its contractors, agents, servantsemployees, or employees may designees, shall have the right of ingress and egress on, over, and across the Premises for access to and the maintenance, development, operation, and security of adjacent or other State-owned property. B. Landlord, its contractors, agents, employees, and designees shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (and any building or an authorized employee of Tenant at the Premises), and structure thereon at any time, upon reasonable time for the purpose of: (i) consultation with Tenant; (ii) inspecting the Premises and Improvements to evaluate Tenant's operation thereof and take such action as Landlord deems appropriate to assure compliance by Tenant with the terms and conditions of this Agreement; (iii) taking such action as Landlord determines necessary to assure Tenant's compliance with this Agreement; (iv) conducting any underground hydrological or other environmental testing program and/or investigating and remediating any contamination; (v) entering the Premises for any purpose related to management of the Premises as part of a Wildlife Management Area after notice of termination of this Agreement is given; and (vi) correcting any condition resulting from Tenant's failure or omission to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all lawsthis Agreement or making such repairs or improvements as necessary to assure Tenant's compliance with this Agreement. C. Landlord shall, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance nature and extent of the Premises) for sale or for lease signs; provided; howeveractivities to be undertaken as part of its access, that all such entries shall be completed promptly exercise its rights in a good workmanlike manner so as intended to cause the least practical interference avoid or minimize damage to Tenant’s business 's property and crops and to avoid unreasonable interference with Tenant’s use 's activities and, except for emergency circumstances, Landlord shall endeavor to provide at least forty-eight (48) hours’ notice to Tenant prior to entering upon the Premises. D. Tenant shall not plant any trees and/or crops within twenty (20) feet of any building, structure, or ingress/egress point to the Premises. E. Landlord may erect new gates to the access area of the Premises. In all eventsAny new gate shall be installed in a manner that does not limit or restrict access to the Premises for farm equipment. Landlord shall provide Tenant with the means to unlock the gate. F. Tenant shall not alter access to the Wildlife Management Area. Tenant shall not lock Wildlife Management Area access gates that are typically unlocked or unlock gates that are typically locked without the prior written approval of Landlord. If Tenant is not sure whether a gate is typically locked or unlocked, it shall contact Landlord prior to locking or unlocking any gates. If a gate is locked by Landlord or Tenant, both shall have a means to unlock the gate. G. Landlord shall ensure that Tenant has access to the Premises and the In-kind Parcel. Tenant shall notify Landlord immediately if access has been impaired. If restoring access requires a physical change to the Premises, Landlord shall use commercially reasonable efforts either repair the impaired access or authorize Tenant to minimize interference with make the Premises and Tenant’s business operations thereonrepair. If Tenant is authorized to make the repair, the repair shall be treated as an Improvement pursuant to Paragraph 10, and Tenant shall be required to obtain Landlord’s entry materially and substantially interferes with the conduct written approval of Tenant’s business and/or cause damage to Tenant’s property (an Improvement Plan and the entry is not needed because of Tenant’s defaultassociated cost prior to beginning any work. If Landlord approves the Improvement Plan and the cost, negligence or willful misconduct), then in such event Tenant may deduct the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent cost of the interference and Landlord shall be liable for any damage to Tenant’s propertyrepair from its next Rent payment.

Appears in 2 contracts

Sources: Farm Lease and Service Agreement, Farm Lease and Service Agreement

Access to Premises. 16.1 Landlord’s Access To Premises. Landlord, and its agents, servantsrepresentatives, or employees and contractors may enter the Premises at any reasonable times time to inspect the Premises and to make such repairs as may be required or permitted pursuant to this Lease, to perform such environmental tests as my be reasonably required to confirm Tenant’s compliance with reasonable the terms hereof and for any other business purpose. Landlord and Landlord’s employees and representatives may enter the Premises during business hours on not less than 48 hours advance written notice to Tenant (or an authorized employee except in the case of Tenant at the Premises), emergencies in which case no such notice shall be required and such entry may be at any time) for the purpose of effecting any such repairs, inspecting the Premises, showing the Premises to prospective purchasers or lenders and during the last year of the Term, to prospective tenants or for any other business purpose. If Tenant shall not be personally present to open and permit an entry into said Premises during an emergency, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefore (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property) and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon reasonable notice to Tenant under Landlord any obligations, responsibility or liability whatsoever, for the circumstancescare, supervision or repair of the Building or any part thereof, other than as herein provided. Except in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may shall be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (at all times while on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Sources: Lease Agreement (Chimerix Inc), Lease Agreement (Chimerix Inc)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right (but shall not be obligated) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any portion of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform in the Demised Premises after Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Leaselease, if any; show or for the purpose of complying with laws, regulations and other directions of governmental authorities. Landlord shall perform any work using all reasonable efforts to minimize interference and interruption with Tenant’s occupancy and the conduct of its business in the Demised Premises. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Demised Premises and to prospective lenders or purchasers anderect new pipes and conduits therein. Landlord may, during the ninety progress of any work in the Demised Premises, take all necessary materials and equipment into the Demised Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Landlord shall have the right to enter the Demised Premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six (906) days immediately prior months of the term for the purpose of showing the same to prospective tenants and may, during said six (6) months period, place upon the Building the usual notices “To Let” and “For Sale” which notices Tenant shall permit to remain thereon without molestation. Whenever Landlord is permitted access to the expiration of this Lease if Tenant declines Demised Premises pursuant to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative Landlord agrees (except in the event of Tenant if so requested by Tenant; or post an emergency) that it will (on the Development, but not within or at the entrance of the Premisesi) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference schedule such access so as not to unreasonably interfere with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct operation of Tenant’s business and/or cause damage (provided that in no event will Landlord be required to employ labor at overtime rates), (ii) discuss the work plan and supervision with Tenant, and (iii) take reasonable precautions to safeguard Tenant’s equipment. If Tenant is not present to open and permit an entry into the Demised Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Demised Premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligations hereunder. Anything to the contrary in this Lease notwithstanding, if due to any work or installation performed by Landlord under the Lease or failure by Landlord to perform its obligations under the Lease or provide a service Landlord has agreed to provide (together an “Interruption Condition”), (i) Tenant shall be unable for at least ten (10) consecutive business days to operate its business in the Demised Premises in the same manner as such business was operated prior to the occurrence of the Interruption Condition, (ii) Tenant does not operate its business in the Demised Premises in the same manner as such business was operated prior to the occurrence of the Interruption Condition during the entire period of time rent is reduced (as provided below) (iii) such interruption shall occur during Tenant’s business hours, and (iv) Tenant shall have, on the first day Tenant was unable to operate its business as aforesaid, notified Landlord (in writing in accordance with Article 28 hereof) of the same, then the Fixed Rent and the entry Additional Rent shall be reduced on a per diem basis, in the proportion in which the area of the part of the Demised Premises which is not needed because of Tenant’s default, negligence unusable or willful misconduct), then in such event the rent and any sums due and payable inoperable (as additional rents, shall ▇▇▇▇▇ in proportion reasonably determined by Landlord) bears to the extent total area of the interference and Demised Premises, for each day subsequent to the date which is ten (10) consecutive business days after the date Landlord shall be liable for any damage to Tenant’s propertyreceives the notice required under sub-paragraph (iv) above that such portion of the Demised Premises remains unusable, as provided above until the date the Interruption Condition is remedied, as specified by Landlord.

Appears in 2 contracts

Sources: Office Lease, Office Lease Agreement (Neutral Tandem Inc)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the Premises; comply with all lawsdemised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, ordersfloor, ordinances and requirements or ceiling. Owner may, during progress of any governmental unit work in the demised premises, make all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or authority interruption of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for which Landlord may be responsible under this Lease, if any; show the Premises purpose of showing the same to prospective lenders purchasers or purchasers andmortgagees of the building, and during the ninety (90) days immediately prior to last six months of the expiration term for the purpose of this Lease if Tenant declines to renew for an additional term in accordance with showing the provisions of this Lease, same to prospective tenants. If Tenant is not present to open and permit an entry into the demised premises, but only if all Owner or Owner's agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage 's property therefrom Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act shall have no effect on this lease or Tenant’s property.'s obligations hereunder. VAULT, VAULT SPACE, AREA: ------------------------

Appears in 2 contracts

Sources: Lease Agreement (Wealthhound Com Inc), Sublease Agreement (Wealthhound Com Inc)

Access to Premises. 14.1 Landlord reserves the right, and Tenant shall permit Landlord, its agentswithout any of the same constituting an eviction and without incurring liability to Tenant therefor, servants(i) to install, erect, use and maintain, repair and replace pipes, ducts and conduits in and through the Premises; provided, however, that Landlord shall, to the extent reasonably practicable and economically feasible under the circumstances, disguise, conceal or employees may camouflage the pipes, ducts and conduits; (ii) to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or other public parts of the Building (provided Tenant still has reasonable access to the Premises); (iii) to change the Building name or address; and (iv) to impose such controls as it deems reasonably prudent with respect to access to the Building by Tenant’s visitors. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times with reasonable advance notice to Tenant (examine the same, to show them to prospective or an authorized employee existing purchasers, mortgagees, lessors or lessees of Tenant at the Premises)Building or space therein, and at to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises or to any time, upon reasonable notice to Tenant under other portion of the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Building or authority for which Landlord may be responsible elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, if any; show or for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested by Tenant; in whole or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (part and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then Rent shall in such event the rent and any sums due and payable as additional rents, shall no way ▇▇▇▇▇ in proportion while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one year prior to the extent Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the interference Premises to prospective tenants thereof and Landlord shall provide reasonable prior notice to Tenant of same. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may, only in an emergency, forcibly enter the same, without rendering Landlord or such agents liable for any damage therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. 14.2 Tenant understands and agrees that the Landlord may perform renovation work in and to the public parts of the Building and the mechanical systems serving the Building (which work may include the repair or replacement of the building exterior facade, window glass, elevators, electrical systems, air-conditioning and ventilating systems, plumbing systems, common hallway or lobby, requiring access to the same from within the Premises) at any time or from time to time during the Term, and that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any abatement of rent, on account of any noise, vibration or other disturbance to Tenant’s business at the Premises (provided that Tenant is not denied access to the Premises) which shall arise out of the performance by Landlord of the aforesaid renovations at the Building. Tenant agrees to grant access to the Premises at all reasonable times, upon reasonable prior notice, for the purpose of performing the aforesaid renovations. Tenant acknowledges and agrees that neither the exterior walls of the Building nor the exterior of the windows and the exterior areas created by the Building set-backs are part of the Premises and Landlord reserves all rights with respect to those walls, windows and set-back areas, including, without limitation, the right of access to such set-back areas and the right to construct permanent signage or other improvements on such set-back areas and elsewhere on the exterior of the Building which may, among other things, obstruct views from the Premises. Landlord shall have no liability to Tenant, nor shall Tenant be entitled to any abatement of Rent or claim of constructive eviction or other claim for damages on account of any construction or operation of signage or other improvements on the Building or on account of the loss of light or views from the Premises due to permanent or temporary signage or signage improvements on the Building. 14.3 Landlord shall use reasonable efforts (which shall not include any obligation to employ labor at overtime rates) to minimize disruption of Tenant’s business during any such entry upon the Premises by Landlord. It is expressly understood and agreed by and between Landlord and Tenant that if Tenant shall commence any action or proceeding seeking injunctive, declaratory or monetary relief in connection with the rights reserved to Landlord under the foregoing provision, or if Landlord shall commence any action or proceeding to obtain access to the Premises in accordance with this Article 14, and if Landlord shall prevail in any such action, then Tenant shall pay to Landlord, as additional rent under this Lease, a sum equal to all reasonable third-party legal fees, costs and disbursements incurred by Landlord (or its agent) in any way related to or arising out of such action or proceeding. Tenant understands and agrees that all parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair.

Appears in 2 contracts

Sources: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not reduce the floor area to more than a de minimus extent, or employees may materially adversely affect the appearance thereof; (ii) upon prior oral/email notice (except that no notice shall be required in emergency situations), permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and any lessor under any underlying lease, and their representatives, to have free and unrestricted access to and, subject to Section 2.3 hereof, to enter upon the Premises at all reasonable times hours for the purposes of inspection or of making repairs, replacements or improvements in or to the Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or of complying with all laws, orders and requirements of governmental or other authority or of exercising any right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable advance notice times, to Tenant (show the Premises during ordinary Business Hours to any existing or an authorized employee prospective mortgagee, purchaser, or assignee of Tenant at any mortgage of the Premises)Building or of the Building and the land or of the interest of Landlord therein, and during the period of twelve (12) months next preceding the Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit an entry into the Premises at any timetime when for any reason an entry therein shall be necessary or permissible, upon reasonable not less than two (2) business days’ written notice, except that no notice to Tenant under the circumstances, shall be required in an emergency, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to do Tenant’s property), and without in any manner affecting the following: inspect the Premises; comply with all laws, orders, ordinances obligations and requirements covenants of any governmental unit or authority for which Landlord may be responsible under this Lease. Provided that Landlord shall incur no material additional expense thereby, if any; show Landlord shall exercise its rights of access to the Premises to prospective lenders or purchasers and, during permitted under any of the ninety (90) days immediately prior to the expiration terms and provisions of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause minimize to the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize extent practicable interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent ▇▇’s use and occupation of the interference and Landlord shall be liable for any damage to Tenant’s propertyPremises.

Appears in 2 contracts

Sources: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)

Access to Premises. (a) Subject to Tenant’s reasonable security procedures, Landlord and Landlord’s employees, its agents, servants, or employees agents and contractors may enter the Premises at reasonable times with reasonable advance (including during Building Hours) on at least twenty- four (24) hours’ prior written or verbal notice to Tenant (or an authorized employee except in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency) for the purpose of: (i) cleaning, to do the following: inspect the Premises; comply with all lawsinspecting, ordersaltering, ordinances improving and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show repairing the Premises to prospective lenders or purchasers andother parts of the Building; (ii) at reasonable intervals, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance ascertaining compliance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested Lease by Tenant; and (iii) showing the Premises to prospective purchasers, tenants or post mortgagees (on but with respect to prospective tenants for the DevelopmentPremises, only during the last six (6) months of the Term, as the same may be extended, and at any time a Tenant Default exists under this Lease). Landlord shall have free access to the Premises in an emergency, but not within or Landlord shall use its best efforts to notify Tenant of such emergency as soon as possible. Landlord shall at the entrance all times have a key with which to unlock all of the Premises) for sale or for lease signsdoors in the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in advance); provided; , however, that all Tenant may designate a limited number of specified rooms, offices or closets within the Premises as off-limits to janitorial service providers, and such entries providers shall not be completed promptly in a good workmanlike manner so as permitted to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. enter therein. (b) In all events, Landlord shall use commercially reasonable efforts to minimize interference with any entry into the Premises and Tenant’s business operations thereon. If in any work done by Landlord in the Building, Landlord and Landlord’s entry materially employees, agents and substantially interferes with contractors shall: (i) use their best efforts to avoid and minimize any damage or injury to, interference with, and disturbance of, Tenant and the conduct operation of Tenant’s business and/or cause damage in the Premises; (ii) comply with all reasonable security regulations and procedures as may then be in effect with respect to Tenant’s property operations in the Premises; and (iii) use their best efforts to maintain the confidentiality of any materials within the Premises. Tenant may secure the Premises at all times and may require that any individual entering the entry is not needed because Premises be accompanied by an employee of Tenant’s default, negligence or willful misconductTenant at all times (except in the case of an emergency), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 2 contracts

Sources: Lease (Health Catalyst, Inc.), Lease (Purple Innovation, Inc.)

Access to Premises. LandlordTenant and its architects, its agentsengineers, servantsconsultants, or employees may enter and contractors shall have access prior to the Premises Projected Commencement Date, at reasonable times with reasonable (which shall include weekends and evenings) and upon advance notice and coordination with the Building management, to the Premises for the purpose of inspecting Landlord Work and planning and constructing Tenant (or an authorized employee Work. Such access shall not in any manner unreasonably interfere with Landlord Work. Further, such access shall not cause any delay in Substantial Completion of the Landlord Work. Tenant at shall submit for Landlord's approval the Premises)desired time(s) of entry, scope of work to be performed and the names of the contractor(s) who will perform such work. Such access, and all acts and omissions in connection with it, shall be subject to and governed by all other provisions of the Lease, including Tenant's indemnification obligations, insurance obligations, etc., except that Tenant shall not be obligated to pay Monthly Base Rent or Tenant's Share of Operating Expenses or Taxes. To the extent that such access by Tenant delays the Substantial Completion of the Landlord Work, such delay shall be a Tenant Delay and the Landlord Work shall be deemed Substantially Complete on the date such Landlord Work would have been completed but for such access. To the extent that such access by Tenant increases the cost of Landlord Work, Tenant shall pay Landlord such increase(s) within five (5) business days after written notice from Landlord of such amount, and if such payment is not timely received by Landlord, Landlord may, at any time, upon reasonable notice to Tenant under the circumstancesits option, in an emergencyaddition to all other rights and remedies of Landlord, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of revoke or suspend any governmental unit or authority prior permission for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if such access by Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry until payment is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyreceived.

Appears in 2 contracts

Sources: NNN Lease (United Natural Foods Inc), NNN Lease (United Natural Foods Inc)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants (but with reasonable advance notice respect to Tenant tenants, only during the following periods: (i) if the then existing Premises consists of the Premises initially leased hereunder, only during the last 270 days of the Term, or an authorized employee (ii) if the then existing Premises consists of Tenant at the PremisesPremises initially leased hereunder plus additional premises in the Building, only during the last 365 days of the Term), brokers and governmental authorities, (iv) decorate, remodel or alter the Premises if Tenant shall abandon the Premises at any time, upon reasonable or shall vacate the same during the last 120 days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph C, below, or exercise other rights of Landlord under this Lease or applicable Laws. However, Landlord shall: (a) provide not less than 24 hours’ advance written or oral notice to Tenant Tenant’s on-site manager or other appropriate person (except in emergencies in which case Landlord shall provide such notice as may be reasonable under the circumstances, if any and except in an emergencyrespect of cleaning or ordinary maintenance or repairs), (b) take reasonable steps to do the following: inspect the Premises; comply with all lawsminimize any significant disruption to Tenant’s business, orders, ordinances and requirements following completion of any governmental unit or authority for which Landlord may be responsible under this Leasework, if any; show the Premises to prospective lenders or purchasers andreturn Tenant’s leasehold improvements, during the ninety (90) days immediately prior fixtures, property and equipment to the expiration of this Lease if Tenant declines original locations and condition to renew for an additional term in accordance with the provisions of this Leasefullest extent reasonably possible, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; and (c) shall not change the configuration or post (on reduce the Development, but not within or at the entrance square footage of the Premises) for sale , unless required by Laws or for lease signs; provided; howeverother causes beyond Landlord’s reasonable control (and in the event of any permanent material reduction, that all such entries the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be completed promptly proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in a good workmanlike manner so as the Premises which may prevent or impair Landlord’s access to cause the least practical interference to Tenant’s business Systems and Tenant’s use of Equipment for the Property or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 2 contracts

Sources: Office Lease (New Relic Inc), Office Lease (New Relic Inc)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon Upon reasonable notice to Tenant under Tenant, and during Tenant’s business hours, Landlord and their respective employees, contractors, agents and representatives may enter onto the circumstances, in an emergency, Premises to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; (i) show the Premises to prospective lenders purchasers and potential purchasers, and to mortgagees and potential mortgagees, or purchasers and(ii) for the purpose of inspecting the Premises or performing any work which Landlord is required or permitted to perform under this Lease; provided, that, for purposes of subpart (ii) of this sentence, Landlord shall not be required to give notice prior to entry onto the Premises during the continuance of an Event of Default (hereinafter defined) or in the event of an emergency situation. Upon reasonable notice to Tenant, during the ninety last six (906) days immediately prior months of the then-current Term, unless Tenant shall have exercised the next Renewal Option, Landlord also may enter onto the Premises to show the expiration of this Lease if Tenant declines Premises to renew for an additional term in accordance with persons wishing to rent the provisions of this Leasesame, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; and place notices offering the Premises “For Rent” or post (“For Sale” on the Development, but not within or at the entrance front of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the PremisesBuilding. In all eventsHowever, Landlord shall use commercially not place any such notices on or in any door or show window of the Building. No such entry shall constitute an eviction of Tenant but any such entry shall be done by Landlord in such reasonable efforts manner as to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct any disruption of Tenant’s business and/or cause damage to Tenant’s property (and operation. Notwithstanding the entry is not needed because foregoing, Tenant may designate one or more areas as a secure area based on the sensitive nature of Tenant’s default, negligence or willful misconduct), then the activities conducted in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent portion of the interference Premises, and Landlord shall be liable for any damage to have no right of access thereto without being accompanied by Tenant’s propertydesignated representative except in the case of emergencies.

Appears in 2 contracts

Sources: Lease Agreement (Savvis Communications Corp), Lease Agreement (Savvis Communications Corp)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises, without such entry constituting an actual or constructive eviction, in order to: (i) inspect, (ii) supply services to be provided Tenant hereunder, (iii) show the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)current and prospective Lenders, insurers, purchasers, brokers, and governmental authorities at any time, upon reasonable notice time during the Term and to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, tenants at any time during the ninety last six (906) months of the Term, (iv) decorate, remodel, or alter the Premises if Tenant shall abandon the Premises at any time, or shall vacate the same during the last one hundred twenty (120) days immediately prior to of the expiration Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Section 19(C) below, or exercise other rights of Landlord under this Lease if Tenant declines or applicable Laws. However, Landlord shall: (a) provide reasonable advance written or oral notice of at least twenty-four (24) hours to renew Tenant’s on-site manager or other appropriate person for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by matters which will involve a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference significant disruption to Tenant’s business and (except in emergencies, in which case Landlord shall have the right to enter at any time without prior notice to Tenant), (b) take reasonable steps to minimize disruption to Tenant’s use business, and following completion of any work, return Tenant’s leasehold improvements, fixtures, property and equipment to the original locations and condition to the fullest extent reasonably possible, and (c) not materially change the configuration or reducing the square footage of the Premises. In all events, Landlord shall use commercially unless required by Laws or other causes beyond Landlord’s reasonable efforts to minimize interference with control (and in the event of any permanent material reduction, the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be proportionately reduced). Tenant shall not place partitions, furniture, or other obstructions in the Premises which may prevent or impair Landlord’s access to the Systems and Tenant’s business operations thereonEquipment for the Property or the systems and equipment for the Premises. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 2 contracts

Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Access to Premises. LandlordUpon reasonable notice, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice times, to Tenant under examine the circumstancessame and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the building or which Owner may elect to perform, in an emergencythe premises, following Tenant's failure to do make repairs or perform any work which Tenant is obligated to perform under this lease, or for the following: inspect the Premises; comply purpose of complying with all laws, ordersregulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andOwner may, during the ninety (90) days progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Owner shall have the right, upon notice to Tenant, to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgages of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon the premises the usual notice "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If during the last month of term Tenant shall have removed all or substantially all of Tenant's property therefrom, Owner may immediately prior enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder. Owner shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the building and to change the name, number or designation by which the building may be known. Owner shall indemnify Tenant for loss or damage from Owner's negligence with respect to access to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertypremises.

Appears in 2 contracts

Sources: Lease Agreement (Blue Fish Clothing Inc), Lease Agreement (Blue Fish Clothing Inc)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the Premises; comply with all lawsdemised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, ordersfloor, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andceiling. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason or loss or interruption of business or otherwise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines showing the same to renew prospective purchasers or mortgagees of the building, and during the last six months of the term for an additional term in accordance with the provisions purpose of this Lease, showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, but only if all Owner or Owner's agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage 's property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s defaultTenant for Vault, negligence or willful misconduct)Vault Space, then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.Area:

Appears in 2 contracts

Sources: Lease Agreement (Edison Schools Inc), Lease Agreement (Edison Schools Inc)

Access to Premises. Landlord and Landlord, its agents, servants, ’s agents and the agents of any Fee Mortgage lender or employees may Leasehold Mortgage lender shall have the right to enter the Premises at reasonable times and in such a manner so as not to interfere with reasonable advance notice to Tenant (the use of the Premises or an authorized employee the conduct of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstancesbusiness or operations on them, in an emergency, order to do the following: examine and inspect the Premises; comply with all laws, orders, ordinances Premises and requirements of any governmental unit or authority for which Landlord may be responsible (when allowed under this Lease) to show them to prospective purchasers or tenants, if any; show and to make such repairs to the Premises as Landlord may deem necessary because of Tenant’s failure to prospective lenders accomplish necessary repairs or, with respect to lenders, to gain access to any collateral in which the lender has a security interest of any kind, all without such entry constituting an eviction in whole or purchasers andin part, during and the ninety rent reserved shall not ▇▇▇▇▇ while such repairs are being made. During the six (906) days immediately months prior to the expiration of this the Lease if Tenant declines Term, Landlord may exhibit the Premises to renew for an additional term in accordance with prospective tenants or purchasers, and place upon the provisions of this Premises the notices “For Lease” or “For Sale.” At any time during the Lease, Landlord may exhibit the Premises to prospective tenantspurchasers. Nothing in the foregoing provisions however, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; shall be deemed or post (on construed to impose upon Landlord any obligation, responsibility, or liability whatsoever, for the Developmentcare, but not within maintenance, or at the entrance repair of the Premises) for sale Premises or for lease signs; any part of them, except as otherwise specifically provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts give Tenant not less than twenty-four (24) hours prior written notice if Landlord is to minimize interference with enter during nonbusiness hours, except in the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct case of Tenant’s business and/or cause damage to Tenant’s property (and the entry emergencies where no notice is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyrequired.

Appears in 1 contract

Sources: Ground Lease Agreement

Access to Premises. Landlord shall have the right, upon reasonable prior notice, to enter upon the Premises at all reasonable business hours for the purpose of inspecting them or making such repairs or alterations as it is obligated to make under the terms of this Lease or which Landlord may elect to perform, following Tenant's failure to do so. Repairs shall be made, and alterations as are the requirement of Landlord, in such a manner that they do not unreasonably interfere with Tenant’s operation of the Premises or its agents, servants, quiet enjoyment. Repairs by either Landlord or employees may Tenant on behalf of the other shall be made in a manner only upon prior notice and only if the other party fails to undertake such repairs that are its obligations upon notice as provided in Paragraph 9.3. The Landlord shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon hours on reasonable notice to Tenant under show them to prospective purchasers and mortgagees, however, such shall be in a manner that does not interfere with the circumstances, operation of the business and shall not include entry into the kitchen and other areas which could be a violation of health codes or would create a hazard in an emergency, to do the following: inspect operation of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which business. In no event may Landlord may be responsible under this Lease, if any; show enter the Premises without the consent of Tenant unless there is an absolute emergency. Throughout the Term, Landlord shall have the right to enter the Premises at reasonable hours on reasonable notice for the purpose of showing them to prospective lenders purchasers or purchasers mortgagees and, during the ninety (90) days immediately prior to last six months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, but only if all Landlord or Landlord's agents may enter the same whenever such showings are accompanied by a representative entry may be reasonably necessary in event of an emergency to protect life or property. In no event shall the obligations of Tenant if so requested hereunder be affected by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all any such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyentry.

Appears in 1 contract

Sources: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

Access to Premises. (A) Tenant shall permit Landlord, its Landlord’s agents, servantsother tenants in the Building and public utilities servicing the Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Premises provided same do not reduce the usable area of the Premises or employees may interfere with Tenant’s use and enjoyment thereof beyond a de minimis amount. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show the Premises; same to prospective purchasers, Mortgagees or lessees of the Building or (during the last twelve (12) months of the Term) lessees of space therein, or to make such repairs, alterations, improvements or additions (i) as may be required in connection with Landlord’s Work, (ii) as Landlord may reasonably deem necessary to the Premises to comply with all laws, orders, ordinances Requirements and requirements of the insurance companies providing insurance on the Building, or as Landlord may deem necessary or desirable to any governmental unit other portion of the Building, or authority for (iii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (v) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior constructive eviction of Tenant in whole or in part and except to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with extent provided under Section 7.3 hereof, the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ in proportion or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly repair any damage caused to the extent Premises by such work, alterations, improvements or additions. (B) Any work performed or installations made pursuant to this Article 16 shall be made with reasonable diligence and otherwise pursuant to Section 7.3, including, without limitation, the provisions thereof relating to overtime work. (C) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 16 shall, if reasonably practicable, either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning, columns or ceilings located or to be located in the Premises. Section 16.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord’s agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents accord reasonable care to Tenant’s Property), and without in any manner affecting this Lease. Section 16.3. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the interference Building, provided any such change does not unreasonably interfere with, or deprive Tenant of access to, the Building or the Premises; to put so-called “solar film” or other energy-saving installations on the inside and outside of the windows; and to change the name, number or designation by which the Building is commonly known. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of inspection, operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Peloton Interactive, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Premises at reasonable all times during usual business hours with reasonable advance advanced notice for the purpose of inspecting the same and making any necessary repairs to Tenant (the Premises and performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or an authorized employee requirements of Tenant at any public authority or of the Board of Fire Underwriters or any similar body or that Landlord may deem necessary to prevent waste or deterioration in connection with the Premises). Nothing herein will imply any duty upon the part of Landlord to do any such work which, under any provision of this Lease, Tenant is required to perform and the performance thereof by Landlord will not constitute a waiver of the Tenant’s default to perform the same. Landlord may, during the progress of any work in the Premises or Building, keep and store upon the Premises or Building all necessary materials, tools, and equipment. Landlord will not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of the Tenant, nor will Tenant’s lease obligations be affected by reason of making repairs or the performance of any work, including materials handling into or through the Premises or Building. Landlord reserves the right to enter upon the Premises (a) at any time, upon reasonable notice to Tenant under time in the circumstances, in event of an emergency, and (b) at reasonable hours and with reasonable advanced notice to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show exhibit the Premises to prospective lenders purchasers or purchasers and, others; and to exhibit the Premises to prospective tenants and to display “For Rent” or similar signs on windows or doors in the Premises during the ninety last one hundred twenty (90120) days immediately prior to of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested without hindrance by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Commercial Lease (Aetrium Inc)

Access to Premises. Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times to (i) examine the same, (ii) to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, (iii) to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or (iv) for the purpose of complying with reasonable advance notice laws, regulations or other requirements of government authorities; Landlord shall be allowed to take all necessary material and equipment into and upon the Premises and to store them within the Premises without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise ▇▇▇▇▇ while any decorations, repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof. If, during the last twelve (12) 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 elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an authorized employee actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. In addition, Tenant at understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and at that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements abatement of Rent on account of any governmental unit noise, vibration or authority for which Landlord may be responsible under this Lease, if any; show other disturbance to Tenant’s business at the Premises (provided that Tenant is not denied access to prospective lenders or purchasers and, during said Premises) which shall arise out of the ninety performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (90) days immediately prior to except surfaces facing the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Intralinks Inc)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Demised Premises, provided the same do not materially reduce the floor area or employees may materially adversely affect the appearance thereof; (ii) permit the Landlord and any Mortgagee to have free and unrestricted access to and to enter upon the Demised Premises at all reasonable times with reasonable advance notice hours for the purposes of inspection or of making repairs, replacements or improvements in or to Tenant the Demised Premises or the Building or equipment (including, without limitation, sanitary, electrical, heating, air conditioning or an authorized employee other systems) or of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for which improvements or while performing work and furnishing materials in connection with compliance with any such laws, orders or requirements to take upon or through, or to keep and store within, the Demised Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Demised Premises during ordinary business hours to any Mortgagee, prospective purchaser of any interest of Landlord in the Property, prospective Mortgagee, or prospective assignee of any Mortgage, and during the period of twelve months next preceding the Termination Date to any person contemplating the leasing of the Demised Premises or any part thereof. If during the last three (3) months of the Term, Tenant shall have removed all of Tenant’s property therefrom, Landlord may be responsible under immediately enter and alter, renovate and redecorate the Demised Premises, without elimination or abatement of rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Demised Premises at any time when for any reason an entry therein shall be necessary or permissible, if any; show the Premises Landlord or Landlord’s agents must nevertheless be able to prospective lenders gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be furnished by Tenant. Provided that Landlord shall not be obligated to employ labor at so-called “over-time” or purchasers andother premium pay rates, during the ninety (90) days immediately prior Landlord shall exercise its rights of access to the expiration Demised Premises permitted under any of the terms and provisions of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause minimize to the least practical extent practicable interference to Tenant’s business and with Tenant’s use and occupation of the Demised Premises. In all eventsIf an excavation shall be made upon land adjacent to the Demised Premises or shall be authorized to be made, Landlord Tenant shall use commercially reasonable efforts afford, to minimize interference with the Premises and Tenant’s business operations thereon. If person causing or authorized to cause such excavation (subject to the same provisions applicable hereunder in the case of work to be performed by Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in license to enter upon the Demised Premises for the purpose of doing such event work as said person shall deem necessary to preserve the rent Building from injury or damage and to support the same by proper foundations without any sums due and payable as additional rentsclaim for damage or indemnity against Landlord, shall ▇▇▇▇▇ in proportion to the extent or diminution or abatement of the interference and Landlord shall be liable for any damage to Tenant’s propertyRent.

Appears in 1 contract

Sources: Sublease (Fluidigm Corp)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the Premises; comply building, or which Owner may elect to perform in the demised premises after Tenant’s failure to make repairs, or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with all laws, ordersregulations and other directions of governmental authorities. Tenant shall permit Owner to use, ordinances maintain and requirements of any governmental unit replace pipes, ducts, and conduits in and through the demised premises, and to erect new pipes, ducts and conduits therein provided, wherever possible, that they are within walls or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andotherwise concealed. Owner may, during the ninety progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall Tenant be entitled to any abatement of rent while such work is in progress, nor to any damages by reason of loss or interruption of business, or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six (906) days immediately prior to months of the expiration term for the purpose of this Lease if Tenant declines to renew for an additional term in accordance with showing the provisions of this Lease, same to prospective tenants. If Tenant is not present to open and permit an entry into the demised premises, but only if all Owner or Owner’s agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and such act shall have no effect on this lease or Tenant’s obligation hereunder. Vault, Vault Space, Area 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property (and line of the entry building is not needed because of Tenant’s defaultleased hereunder, negligence anything contained in or willful misconduct)indicated on any sketch, then blue print or plan, or anything contained elsewhere in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion this lease to the extent contrary notwithstanding. Owner makes no representation as to the location of the interference property line of the building. All vaults and Landlord vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be liable for any damage to paid by Tenant’s property, if used by Tenant, whether or not specifically leased hereunder.

Appears in 1 contract

Sources: Loft Lease (Twinlab Consolidated Holdings, Inc.)

Access to Premises. Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times to examine the same, to show them to prospective purchasers, mortgagees or lessees of the Building or space therein, and to make such decorations, repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this Lease, or for the purpose of complying with laws, regulations or other requirements of government authorities and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Rent shall in nowise abate while said decorations, repairs, alterations, improvements or ▇▇▇▇▇ions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the one (1) year prior to the Expiration Date or the expiration of any renewal or extended term, Landlord may exhibit the Premises to prospective tenants thereof, upon reasonable advance prior notice (which notice may be oral), during regular business hours. If, during the last twelve (12) 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 elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord also shall have the right at any time, without the same constituting an authorized employee actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. In addition, Tenant at understands and agrees that Landlord may perform substantial renovation work in and to the public parts of the Building and the mechanical and other systems serving the Building (which work may include the replacement of the building exterior facade and window glass, requiring access to the same from within the Premises), and at that Landlord shall incur no liability to Tenant, nor shall Tenant be entitled to any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements abatement of Rent on account of any governmental unit noise, vibration or authority for which Landlord may be responsible under this Lease, if any; show other disturbance to Tenant's business at the Premises (provided that Tenant is not denied access to prospective lenders or purchasers and, during said Premises) which shall arise out of the ninety performance by Landlord of the aforesaid renovations of the Building. Tenant understands and agrees that all parts (90) days immediately prior to except surfaces facing the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance interior. of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, core corridor walls, doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Bridgeline Software, Inc.)

Access to Premises. Section 29.01. Landlord or Landlord, its agents, servants, or employees may 's agents shall have the right (but shall not be obligated) to enter the Demised Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and in any emergency at any time, and, at other reasonable times, upon reasonable notice to Tenant under the circumstances, in an emergencyprior notice, to do examine the following: inspect the Premises; comply with all lawssame and to make such repairs, orders, ordinances replacements and requirements of any governmental unit improvements as are necessary or authority for which Landlord may be responsible elect to perform following Tenant's default beyond all applicable grace periods and periods within which to cure such default after notice of same, to make repairs or perform any work which Tenant is obligated to perform under this Lease, if any; show or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Landlord to use, and maintain and replace pipes and conduits in and through the Demised Premises and to prospective lenders or purchasers anderect new pipes and conduits therein, Landlord may, during the ninety (90) days immediately prior progress of any work in the Demised Premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to the expiration any abatement of this Lease if Tenant declines rent while such work is in progress nor to renew for an additional term in accordance with the provisions any damages by reason of this Leaseloss or interruption of business or otherwise. Landlord shall, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly use diligence in a good workmanlike manner making repairs, alterations, additions or improvements so as to cause the least practical interference minimize any inconvenience to Tenant’s 's business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable responsible for restoring any damage caused to Tenant’s 's property. Throughout the term hereof Landlord shall have the right to enter the Demised Premises at reasonable hours after prior notice for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit any entry into the Demised Premises during an emergency, Landlord or Landlord's agents may enter the same whenever such entry may be necessary by master key or by force provided reasonable care is exercised to safeguard Tenant's property and such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. Landlord shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building may be known. To effectuate the purposes of this section, Tenant shall provide Landlord with a duplicate key(s) to allow Landlord access to all portions of the Demised Premises. Failure to so provide Landlord with such key(s) shall constitute a material breach of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Logical Design Solutions Inc)

Access to Premises. (A) Tenant shall permit Landlord, its Landlord's agents, servants------------ representatives, or contractors and employees may and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant (or an authorized employee of Tenant at the PremisesTenant), and at any time, upon reasonable which notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises; comply with all lawsPremises or to any other portion of the Building, orders, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may be responsible elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant; , or post otherwise. (on the Development, but not within B) Any work performed or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries installations made pursuant to this Article 14 shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business made with reasonable diligence and Tenant’s use of the Premises. In all events, Landlord shall use commercially its reasonable efforts to minimize interference with Tenant's access to and use and occupancy of the Premises and Tenant’s business operations thereonin making any repairs, alterations, additions or improvements, as provided in the provisions of Section 4.3 hereof. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall cause any debris or refuse to be liable for removed from the work area in the Premises at the end of each day, and upon completion of any such work, Landlord shall repair any damage to the Premises caused by or resulting from such work or activity. (C) Except as hereinafter provided, any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises. Notwithstanding the foregoing, any such pipes, ducts, or conduits may be furred at points immediately adjacent to partitioning columns or ceilings located or to be located in the Premises, provided that the same are completely furred and that the installation of such pipes, ducts, or conduits, when completed, shall not reduce the usable area of the Premises beyond a de minimis amount. ---------- Section 14.2. During the twelve (12) month period prior to the Expiration ------------ Date, Landlord may exhibit the Premises to prospective tenants thereof upon reasonable prior notice (which may be oral) and at reasonable times. Section 14.3. If Tenant shall not be present when for any reason entry ------------ into the Premises shall be necessary or permissible, Landlord or Landlord's agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord's agents shall accord reasonable care under the circumstances to Tenant’s property's Property, and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided.

Appears in 1 contract

Sources: Lease Agreement (Musicmaker Com Inc)

Access to Premises. Landlord, Landlord reserves for itself and its agents, servants, or employees may and independent contractors the right to enter the Premises upon at reasonable times with reasonable advance least thirty-six (36) hours notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, ordersto supply any service to be provided by Landlord to Tenant, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; to show the Premises to prospective lenders purchasers, mortgagees, beneficiaries or purchasers andtenants, during to post notices of nonresponsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the ninety (90) days immediately prior Premises or any other portion of the Building. Landlord’s right to enter the Premises shall include the right to grant access to the expiration Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making repairs or improvements, provided that the entrance to the Premises shall not be blocked thereby, and that there is no unreasonable interference with the business of Tenant. In the event of an emergency, Landlord shall have the right to enter the Premises at any time without notice. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of Rent, or any other loss occasioned by Landlord’s exercise of any of its rights under this Lease if Tenant declines Section 22. Any entry to renew for an additional term the Premises or portions thereof obtained by Landlord in accordance with this Section 22 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the provisions of this LeasePremises, to prospective tenantsor an eviction, but only if all such showings are accompanied by a representative actual or constructive, of Tenant if so requested by Tenant; from the Premises or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries any portion thereof. Landlord shall be completed promptly perform any work pursuant to this Section 22 in a good workmanlike manner so as designed to cause the least practical as little interference to Tenant’s business and with Tenant’s use of the Premises. In all eventsPremises as is reasonably practical; provided, however, that Landlord shall use commercially reasonable efforts not be obligated to minimize interference with the Premises and Tenant’s perform work during other than normal business operations thereonhours. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to To the extent of the interference and Landlord reasonably practicable, any entry shall be liable for any damage to Tenant’s propertyoccur during normal business hours.

Appears in 1 contract

Sources: Industrial Lease (Kid Brands, Inc)

Access to Premises. (A) Tenant shall permit Landlord, its Landlord's agents, servants------------- representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. (B) Any work performed or installations made pursuant to this Article 14 shall be made with reasonable diligence and otherwise pursuant to the provisions of Section 4.3 hereof. (C) Except as hereinafter provided, any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises. Notwithstanding the foregoing, any such pipes, ducts, or conduits may be furred at points immediately adjacent to partitioning columns or ceilings located or to be located in the Premises, provided that the same are completely furred and that the installation of such pipes, ducts, or conduits, when completed, shall not reduce the usable area of the Premises beyond a de minimis amount. ---------- Section 14.2. During the eighteen (18) month period prior to the ------------- Expiration Date, Landlord may exhibit the Premises to prospective tenants thereof. Section 14.3. If Tenant shall not be present when for any reason entry ------------- into the Premises shall be necessary or permissible, Landlord or Landlord's agents, representatives, contractors or employees may enter the Premises at same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord's agents shall accord reasonable times with reasonable advance notice care under the circumstances to Tenant (or an authorized employee of Tenant at the Premises)Tenant's Property, and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Section 14.4. Landlord also shall have the right at any time, upon reasonable notice without the ------------- same constituting an actual or constructive eviction and without incurring any liability to Tenant under the circumstances, in an emergencytherefor, to do change the following: inspect arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known, provided any such change does not (a) unreasonably reduce, interfere with or deprive Tenant of access to the Building or the Premises or (b) reduce the rentable area (except by a de -- minimis amount) of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show . All parts (except surfaces facing the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance interior ------- of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Xoom Inc)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice times [6] to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Tenant under shall permit Owner to use and maintain and replace pipes and conduits in and through the circumstancesdemised premises and to erect new pipes and conduits therein provided they are concealed within [7] walls, in an emergencyfloor, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andceiling. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines showing the same to renew prospective purchasers or mortgagees of the building, and during the last six months of the terms for an additional term in accordance with the provisions purpose of this Lease, showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, but only if all Owner or Owner's agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or [8] forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage 's property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act shall have no effect on this lease or Tenant’s property.'s obligations hereunder. VAULT, VAULT SPACE, AREA:

Appears in 1 contract

Sources: Lease Agreement (Martha Stewart Living Omnimedia Inc)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the Premises; comply building or which Owner may elect to perform in the premises after Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with all laws, ordersregulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided, ordinances and requirements of any governmental unit wherever possible, they are within walls or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andotherwise concealed. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines to renew for an additional term in accordance with showing the provisions of this Lease, same to prospective tenantspurchasers or mortgagees of the building, but only if all and during the last six months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon the premises the usual notices “To Let” and “For Sale” which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the premises, Owner or Owner’s agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligations hereunder. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property (and line of the entry building is not needed because of Tenant’s defaultleased hereunder, negligence anything contained or willful misconduct)indicated on any sketch, then blue print or plan, or anything contained elsewere in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion this lease to the extent contrary not withstanding. Owner makes no representation as to the location of the interference property line of the building. All vaults and Landlord vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be liable for any damage to paid by Tenant’s property, if used by Tenant, whether or not specifically leased hereunder.

Appears in 1 contract

Sources: Lease Agreement (MSC Industrial Direct Co Inc)

Access to Premises. Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises. Landlord or Landlord's agents shall have the right to enter upon the Premises, its agentsto inspect the same, servantsto perform janitorial and cleaning services and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part and the rent reserved shall not abat▇ (▇▇cept as provided in Article 15) while said repairs, alterations, improvements, or employees may enter the Premises at reasonable times with reasonable advance notice additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be personally present to Tenant (or an authorized employee of Tenant at the open and permit any entry into said Premises), and at any time, upon when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable notice care to Tenant under Tenant's property), and without in any manner affecting the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances obligations and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to prospective tenantschange the arrangement and/or location of entrances or passageways, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; doors and doorways, and corridors, elevators, stairs, toilets or post (on the Development, but not within or at the entrance public parts of the Premises) for sale Building, and to close entrances, doors, corridors, elevators or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesother facilities. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable to Tenant for any expense, injury, loss or damage to Tenant’s propertyresulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley.

Appears in 1 contract

Sources: Office Space Lease (National Techteam Inc /De/)

Access to Premises. Section 15.1. Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain ducts, pipes and conduits in and through the Premises, provided that such ducts, pipes or employees may enter conduits do not materially interfere with Tenant’s use and occupancy of the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at for the Premises)Permitted Uses, shall be completely concealed behind then existing walls and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance ceiling of the Premises) for sale or for lease signs; provided; however, that all and shall not cause a reduction of the usable floor space of the Premises (other than to a de minimis extent). Landlord shall undertake any such entries shall be completed promptly work in such a good workmanlike manner so as to cause the least practical minimize any interference to Tenant’s business operations and Tenant’s use to minimize any damage to the appearance or function of the affected areas of the Premises. In Landlord shall, at its expense, repair all events, Landlord shall use commercially reasonable efforts to minimize interference with damage and restore the portion of the Premises that is the subject of such installation to substantially the condition existing before such installation. Landlord or Landlord’s agents shall have the right to enter the Premises at all reasonable times on reasonable prior notice (except that in an emergency, only such prior notice as may be practicable will be required), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Superior Lessors or lessees of the Building and their respective agents and representatives, to inspect any or all aspects of any Alterations (as more particularly set forth in Section 4.6 hereof), and during the final twelve (12) months of the Term, to prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes failure to make repairs or perform any work that Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultapplicable Laws, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part, and Fixed Rent and Additional Rent will not be abated while such repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Section 15.2. If Tenant is not present when for any damage reason entry into the Premises is necessary or permissible, Landlord or Landlord’s agents may enter the Premises without being liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property), and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Section 15.3. Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, to the Building and/or the Premises, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known, provided that such alterations or changes do not materially interfere with Tenant’s use or enjoyment of the Premises, or access to the Building or Premises. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances other than doors and entrances solely servicing the Premises), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Section 15.4. Landlord shall, at Tenant’s request, maintain listings on the directory in the Building lobby of the names of Tenant and any officers or directors of Tenant. Tenant may deliver revised listings to Landlord from time to time throughout the Term (but Landlord shall not be obligated to revise the directory more often than once a month).

Appears in 1 contract

Sources: Lease Agreement (Telx Group, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may The Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Premises at reasonable all times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, during usual business hours upon reasonable prior notice for the purpose of inspecting the same and making any necessary repairs to Tenant under the circumstances, in an emergency, Premises and performing any work therein that may be necessary to do the following: inspect the Premises; comply with all any laws, ordersordinances, ordinances and rules, regulations or requirements of any governmental unit public authority or authority for which of the Board of Fire Underwriters or any similar body or that Landlord may be responsible deem necessary to prevent waste or deterioration in connection with the Premises. Nothing herein shall imply any duty upon the part of Landlord to do any such work which, under any provision of this Lease, if any; show Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant’s default in failing to perform the same. The Landlord may, during the progress of any work in the Premises, keep and store upon the Premises all necessary materials, tools and equipment. The Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of Tenant by reason of making repairs or the performance or any work in the Premises, or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever. Landlord reserves the right to enter upon the Premises at any time in the event of an emergency and at reasonable hours to exhibit the Premises to prospective lenders purchasers or purchasers and, others; and to exhibit the Premises to prospective Tenants and to display “For Lease” or similar signs on windows or doors in the Premises during the ninety last one hundred eighty (90180) days immediately prior to of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested without hindrance or molestation by Tenant; or post (on . Notwithstanding anything to the Developmentcontrary set forth in this Article 12, but not within or at Landlord agrees to exercise the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly rights set forth herein in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and that does not interrupt or impair Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Commercial Lease (Ciprico Inc)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance prior notice to Tenant in order to: (i) inspect, (ii) supply cleaning service or an authorized employee of other services to be provided Tenant at hereunder, (iii) show the Premises)Premises to current and prospective Lenders, insurers, purchasers, tenants, brokers and government authorities, (iv) decorate, remodel or alter the Premises if Tenant shall abandon the Premises at any time, upon or shall vacate the same during the last one hundred twenty (120) days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph (C) below, or exercise other rights of Landlord under this Lease or applicable Laws. However Landlord shall: (a) provide reasonable advance written or oral notice to Tenant's on-site manager or other appropriate person for matters which will involve a significant disruption to Tenant's business (except in emergencies) and (b) take reasonable steps to minimize any significant disruption to Tenant's business, and following completion of any work, return Tenant's leasehold improvements, fixtures, property and equipment to the original locations and condition to the fullest extent reasonably possible. Tenant under shall not place partitions, furniture or other obstructions in the circumstancesPremises which may prevent or impair Landlord's access to the Systems and Equipment for the Building or the systems and equipment for the Premises. If Tenant requests that any such access occur before or after Landlord's regular business hours and Landlord approves, Tenant shall pay all overtime and other additional costs in connection therewith. C. Changes To The Building. To: (i) paint and decorate, (ii) perform repairs or maintenance, and (iii) make replacements, restorations, renovations, alterations, additions and improvements, structural or otherwise, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration Building or any part thereof, or change the uses thereof (including changes, reductions or additions of this Lease if Tenant declines corridors, entrances, doors, lobbies, parking facilities and other areas, structural support columns and shear walls, elevators, stairs, solar tint windows or film, planters, sculptures, displays, and other amenities and features therein, and changes relating to renew for an additional term in accordance the connection with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within entrance into or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the PremisesProperty for any other adjoining or adjacent building or buildings, now existing or hereafter constructed). In all eventsconnection with such matters, Landlord shall use commercially may among other things 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) take reasonable efforts steps to minimize interference with or avoid any denial of access to the Premises except when necessary on a temporary basis, and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes (b) in connection with entering the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, Premises shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertycomply with Paragraph B above.

Appears in 1 contract

Sources: Lease Agreement

Access to Premises. Landlord, its agents, servants, or employees may enter Landlord shall have access to the Premises at reasonable times with reasonable advance upon 24-hours prior notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, except in an emergency, to do the followingwhen no notice shall be required) to: (a) inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show (b) exhibit the Premises to prospective purchasers, lenders or purchasers and, tenants (during the ninety (90) last 180 days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the PremisesTerm); (c) for sale determine whether Tenant is complying with its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant hereunder; (e) post notices of non-responsibility; (f) make repairs required of Landlord hereunder or for lease signs; repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building, provided; , however, that all such entries work shall be completed promptly done in a good workmanlike manner so as commercially reasonable and prompt manner, or (g) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. Landlord may, in order to cause carry out the least practical interference to Tenant’s business purposes stated at clauses (a) through (g) above, erect scaffolding and Tenant’s use other necessary structures where reasonably required by the character of the Premiseswork to be performed, and during the course of work being performed keep and store upon the Premises all necessary material, supplies, and equipment, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. In all eventsFor each of the aforesaid purposes, Landlord shall use commercially reasonable efforts at all times have and retain a key with which to minimize interference with unlock all of the doors in, upon and about the Premises (including the portion thereof on the second floor of the Building), excluding Tenant’s vaults and safes, if any. Except for locks called for by the Initial Tenant Improvements (for which Tenant shall provide keys and security codes to Landlord as required by the preceding sentence), no additional locks shall be placed by Tenant upon any doors in the Premises and if more than two keys for any lock are desired, such additional keys shall be paid for by Tenant’s business operations thereon. If Except for locks called for by the Initial Tenant Improvements, all keys shall be duplicated only by Landlord’s , and under no circumstance shall Tenant cause any key to be duplicated. Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency or in re-taking possession in order to obtain entry materially and substantially interferes with to the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultPremises, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentsentry to the Premises obtained by Landlord by any of said means, or otherwise, shall ▇▇▇▇▇ in proportion not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the extent Premises, or an eviction of Tenant from the interference Premises or any portion thereof, and Landlord any damages caused on account thereof shall be liable for any damage to paid by Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Access to Premises. Landlord, its agents, servants, or employees may 24.1 Landlord reserves and shall at all times have the right to enter the Premises at all reasonable times with reasonable advance notice to inspect same, to supply any service to be provided by Landlord to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencyhereunder, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders purchasers, mortgagees or purchasers andtenants, and to alter, improve or repair the Premises and any portion of the Building, without abatement of Annual Base Rental or Additional Rent, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that the entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Landlord reserves and shall at all times during the ninety six (906) days immediately month period prior to the expiration of this the Lease if Tenant declines to renew for an additional term in accordance with have the provisions of this Lease, right to enter the Premises to show the Premises to prospective purchasers, mortgagees or tenants, but only if . Landlord shall also at all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference times and after reasonable notice to Tenant’s business , and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall written approval by ▇▇▇▇▇▇, have the right to enter the Premises to show third parties the Premises for the purpose of letting other space in proportion the Building. Access to the extent Premises by Landlord shall be front door access and Tenant is not required to provide access to safes or vaults. Tenant shall be entitled to a prorata abatement of the rent if Landlord affirmatively or intentionally shuts down the Building, but Tenant shall not be entitled to a prorata abatement if the Building is shut down due to an act of God, an act of war or any other act not controlled by Landlord. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with ▇▇▇▇▇▇'s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises or portions thereof obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be liable for construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any damage portion thereof. Landlord shall also have the right at any time, without same constituting an actual or constructive eviction and without incurring any liability to Tenant’s propertyTenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets and other public parts of the Building.

Appears in 1 contract

Sources: Office Lease (Mastech Corp)

Access to Premises. A. Landlord, its contractors, agents, servantsemployees, or employees may designees, shall have the right of ingress and egress on, over, and across the Premises at any time for access to and the maintenance, development, operation, and security of adjacent or other State-owned property. B. Landlord, its contractors, agents, employees, and designees shall also have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (and any building or an authorized employee of Tenant at the Premises), and structure thereon at any time, upon reasonable notice time for the purpose of: (i) consulting Tenant; (ii) inspecting the Premises and Improvements to evaluate ▇▇▇▇▇▇'s operation thereof and to take such action as Landlord deems appropriate to assure compliance by Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show ; (iii) taking such action as Landlord determines necessary to assure ▇▇▇▇▇▇'s compliance with this Lease; (iv) conducting any underground hydrological or other environmental testing program and/or investigating and remediating any contamination; (v) entering the Premises for any purpose related to prospective lenders or purchasers and, during management of the ninety (90) days immediately prior to Premises as part of the expiration State Park after notice of termination of this Lease if Tenant declines is given; and (vi) correcting any condition resulting from ▇▇▇▇▇▇'s failure or omission to renew for an additional term comply with this Lease or making such repairs or improvements as necessary to assure ▇▇▇▇▇▇'s compliance with this Lease. C. Landlord shall, in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance nature and extent of the Premises) for sale or for lease signs; provided; howeveractivities to be undertaken as part of its access, that all such entries shall be completed promptly exercise its rights in a good workmanlike manner so as intended to cause the least practical interference avoid or minimize damage to Tenant’s business 's property and Tenant’s use crops and to avoid unreasonable interference with ▇▇▇▇▇▇'s activities and, except for emergency circumstances, Landlord shall endeavor to provide at least forty-eight (48) hours’ notice to Tenant prior to entering upon the Premises. D. Tenant shall not plant any trees and/or crops within twenty (20) feet of any building, structure, or ingress/egress point to the Premises. E. Landlord may erect new gates to the access area of the Premises. In all eventsAny new gate shall be installed in a manner that does not limit or restrict access to the Premises for farm equipment. Landlord shall provide Tenant with the means to unlock the gate. F. Tenant shall not alter access to the State Park. Tenant shall not lock State Park access gates that are typically unlocked or unlock gates that are typically locked without the prior written approval of Landlord. If Tenant is not sure whether a gate is typically locked or unlocked, Tenant shall contact Landlord prior to locking or unlocking any gates. If a gate is locked by Landlord or Tenant, both shall have a means to unlock the gate. G. Landlord shall ensure that Tenant has access to the Premises. Tenant shall notify Landlord immediately if access has been impaired. If restoring access requires a physical change to the Premises, Landlord shall use commercially reasonable efforts either repair the impaired access or authorize Tenant to minimize interference with make the Premises and Tenant’s business operations thereonrepair. If Tenant is authorized to make the repair, the repair shall be treated as an Improvement pursuant to Paragraph 9, and Tenant shall be required to obtain Landlord’s entry materially and substantially interferes with the conduct written approval of Tenant’s business and/or cause damage to Tenant’s property (an Improvement Plan and the entry is not needed because of Tenant’s defaultassociated cost prior to beginning any work. If Landlord approves the Improvement Plan and the cost, negligence or willful misconduct), then in such event Tenant may deduct the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent cost of the interference and Landlord shall be liable for any damage to Tenant’s propertyrepair from its next Rent payment.

Appears in 1 contract

Sources: Farm Lease

Access to Premises. The Tenant shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises. The Landlord or Landlord's agents shall have the right to enter upon the Premises, its agentsto inspect the same, servantsand to make such decorations, repairs, alterations, improvements or additions to the Premises or the Building as the Landlord may deem necessary or desirable, and the Landlord shall be allowed to take all material into and upon said Premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part and the rent reserved shall not abat▇ (▇▇cept as provided in Paragraph 10) while said decorations, repairs, alterations or improvements are being made, by reason of loss or interruption of business of the Tenant, or employees otherwise. If the Tenant shall not be personally present to permit an entry into said Premises, when for any reason an entry therein shall be necessary or desirable, the Landlord or Landlord's agents may enter the Premises at same by a master key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable times with reasonable advance notice care to Tenant (or an authorized employee of Tenant at the PremisesTenant's property), and at without in any time, upon reasonable notice to Tenant under manner affecting the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances obligations and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenant therefor, to prospective tenantschange the arrangement and/or location of entrances or passageways, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; doors and doorways and corridors, elevators, stairs, toilets or post (on the Development, but not within or at the entrance public parts of the Premises) for sale Building, and to close entrances, doors, corridors, elevators or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesother facilities. In all events, The Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion be liable to the extent of the interference and Landlord shall be liable Tenant for any expense, injury, loss or damage to Tenant’s propertyresulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Sources: Lease Amendment Agreement (Mobius Management Systems Inc)

Access to Premises. Landlord, its agentsLandlord’s agents or authorized party shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, servantsand, at other reasonable times upon 24 hours prior written or verbal notice to Tenant (except in an emergency), to inspect and/or examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any portion of the Building or which Landlord may elect to perform in the Premises after T▇▇▇▇▇’s failure to make repairs or perform any work which T▇▇▇▇▇ is obligated to perform under this Lease, or employees may for the purpose of complying with laws, regulations and other directions of governmental authorities. Landlord shall perform any work using reasonable efforts to minimize interference and interruption with T▇▇▇▇▇’s occupancy and the conduct of its business in the Premises, provided, however, Landlord shall not be required to employ labor at overtime rates. Tenant shall permit the usage, maintenance and replacement of pipes and conduits in and through the Premises and the erection of new pipes and conduits therein; provided, to the extent practicable, such pipes and conduits shall be placed adjacent to perimeter walls or above the dropped ceiling (if any, or if there is an exposed ceiling, then within such ceiling provided such pipes and conduits are painted substantially the same color as the ceiling) of the Premises and in a manner to minimize interference with T▇▇▇▇▇’s occupancy of the Premises. Landlord may, during the progress of any work in the Premises, take all necessary materials and equipment into the Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Landlord shall have the right to enter the Premises at reasonable times with reasonable advance hours (upon 24 hours prior written or verbal notice to Tenant) for the purpose of showing the same to prospective purchasers or mortgagees of the Building, and during the last twelve (12) months of the term for the purpose of showing the same to prospective tenants and may, during said twelve (12) months period, place upon the Building the usual notices “To Let” and “For Sale” which notices Tenant (shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the Premises, Landlord or an authorized employee Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may hereunder be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, affected. If during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this Lease or Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyobligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Nano Nuclear Energy Inc.)

Access to Premises. (A) Tenant shall permit Landlord, its Landlord's agents, servantsrepresentatives, contractors and employees and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. (B) Any work performed or installations made pursuant to this Article 14 shall be made with reasonable diligence and otherwise pursuant to the provisions of Section 4.3 hereof. (C) Except as hereinafter provided, any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises. Notwithstanding the foregoing, any such pipes, ducts, or conduits may be furred at points immediately adjacent to partitioning columns or ceilings located or to be located in the Premises, provided that the same are completely furred and that the installation of such pipes, ducts, or conduits, when completed, shall not reduce the usable area of the Premises beyond a de minimis amount. Section 14.2. During the nine (9) month period prior to the Expiration Date, Landlord may exhibit the Premises to prospective tenants thereof at reasonable times and upon reasonable prior notice (which notice may be oral). Section 14.3. If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord's agents, representatives, contractors or employees may enter the Premises at same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord's agents shall accord reasonable times with reasonable advance notice care under the circumstances to Tenant (or an authorized employee of Tenant at the Premises)Tenant's Property, and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Section 14.4. Landlord also shall have the right at any time, upon reasonable notice without the same constituting an actual or constructive eviction and without incurring any liability to Tenant under the circumstances, in an emergencytherefor, to do change the following: inspect arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known, provided any such change does not (a) unreasonably reduce, interfere with or deprive Tenant of access to the Building or the Premises or (b) reduce the rentable area (except by a de minimis amount) of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show . All parts (except surfaces facing the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Teltran International Group LTD)

Access to Premises. Landlord, its agents, servants, 13. Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, and, at other reasonable times, upon reasonable at least forty-eight (48) hours’ notice to Tenant, to examine the same and/or to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Owner hereby reserves the right, and Tenant under the circumstancesshall permit Owner, to install, maintain, use, remove, repair and replace pipes, cables, duct work, conduits, utility lines and wires through hung ceiling space, exterior perimeter walls and column space, and adjacent to and in demising partitions and columns, in or beneath the floor slab or above or below the Demised Premises, whether serving the Demised Premises or other parts of the Building; provided, however, if it is not practicable or commercially reasonable for Owner to conceal new pipes and conduits constructed by Owner in the demised premises within the walls, floor or ceilings of the demised premises, then Owner shall exercise all commercially reasonable efforts to otherwise conceal such pipes and conduits by sophetting or otherwise. Owner agrees that in the course of making any such installations, repairs and/or replacements (1) except in the case of an emergency or where required by law, any such installation of pipes, cables, duct work, conduit, etc. within the Demised Premises shall be located only above hung ceilings, tight around columns and/or below the finished floors, (2) except in the case of an emergency, Owner shall perform such work at such times as when Tenant is not open for business to do the following: inspect public, and (3) Owner shall use all reasonable commercial efforts under the circumstances not to interfere unreasonably with or interrupt unreasonably the business operations of Tenant within the Demised Premises; comply with all laws, ordershowever, ordinances and requirements of Landlord shall be under no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any governmental unit other overtime costs or authority for expenses whatsoever, unless the times during which Landlord may be responsible under this Lease, if any; show Tenant is not open to the Premises public is only during so-called overtime or at a time that requires overtime or other premium pay rates to prospective lenders contractors or purchasers andlabor. Owner may, during the ninety progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction (90provided same do not materially or adversely affect Tenant’s ability to use the demised premises), nor shall Tenant be entitled to any abatement of Fixed Annual Rent or Additional Rent while such work is in progress, nor to any damages by reason of loss or interruption of business or otherwise. Owner acknowledges that Tenant may, by reason of certain security requirements, designate certain portions of the demised premises to be locked or inaccessible to persons unauthorized by Tenant (the “Secured Areas”), provided, however that Tenant (a) days immediately prior delivers to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if Landlord floor plans that designate all such showings are accompanied Secured Areas, and (b) provides Landlord with a key to such Secured Areas, which shall be used by Landlord only in the case of an emergency and a representative of Tenant if so requested by is not available to accompany Landlord. Upon prior notice Tenant; , Tenant shall provide Owner and Owner’s agents access to the Secured Areas for the purpose of performing maintenance and/or making repairs within such Secured Areas. Subject to the foregoing, throughout the term hereof, Owner shall have the tight to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or post (on the Development, but not within or at the entrance mortgagees of the Premises) for sale or for lease signs; provided; howeverbuilding, that all such entries shall be completed promptly in a good workmanlike manner so as to cause and during the least practical interference to Tenant’s business and Tenant’s use last twelve months of the Premisesterm, for the purpose of showing the same to prospective tenants. In If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all eventsor substantially all of Tenant's property therefrom, Landlord Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and such act shall have no effect on this lease or Tenant's obligations hereunder. Notwithstanding anything to the contrary, Owner shall, while performing any work to be performed by or on behalf of Owner within the demised premises, use commercially reasonable efforts to minimize unreasonable interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially use and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent occupancy of the interference and Landlord demised premises, provided that Owner shall not be liable for obligated to perform such work on an overtime or other premium basis. Owner shall promptly repair any damage to the demised premises (or any portion thereof) that results from any such work performed by or on behalf of Owner. Except in the event of an emergency or required by law, Owner shall perform any “core drilling” during non-Business Hours. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or requited by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant’s property.

Appears in 1 contract

Sources: Office Lease (Premier Exhibitions, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may Section 15.01 Access The Tenant agrees to permit the Landlord and the authorized representatives of the Landlord to enter the Demised Premises at reasonable all times with reasonable advance notice during usual business hours for the purpose of inspecting the same and upon Tenant's failing to Tenant (make repairs or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice failing to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, ordersordinances, rules, regulations or requirements, etc., making all necessary repairs to the Demised Premises and performing any work therein that may be necessary to comply with any laws, ordinances and rules, regulations or requirements of any governmental unit public authority or authority for which Landlord may be responsible under this Lease, if any; show of the Premises Board of Fire Underwriters or any similar body to prospective lenders prevent waste or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term deterioration in accordance connection with the provisions Demised Premises. Nothing herein shall imply any duty upon the part of the Landlord to do any such work which, under any provision of this Lease, the Tenant may be required to prospective tenantsperform, but only if and the performance thereof by the Landlord shall not constitute a waiver of the Tenant's default in failing to perform the same. The Landlord may during the progress of any work in the Demised Premises keep and store upon the Demised Premises all such showings are accompanied necessary materials, tools and equipment. The Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage of the Tenant by a representative reason of making repairs or the performance of any work in the Demised Premises, or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of the Tenant if so requested by Tenant; under this Lease shall not thereby be affected in any manner whatsoever. The Landlord is hereby given the right during usual business hours to enter the Demised Premises and to exhibit the same for the purposes of sale or post (hire during the final year of the Term and the Landlord shall be entitled to display, on the DevelopmentDemised Premises in such manner as not unreasonably to interfere with the Tenant's business, but not within the usual "For Sale" or at "To Let" signs, and the entrance Tenant agrees that such signs may remain unmolested upon the Demised Premises. Whenever Landlord wishes to enter the premises Landlord shall give 24 hour notice to Tenant and make an appointment for such entrance, except, in the case of an emergency, in which event, the Premises) for sale or for lease signs; provided; howevernotice Landlord gives, that all such entries shall be completed promptly in a good workmanlike manner so as to reasonable under the circumstances. Landlord's entry and work shall cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize practicable interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property's business.

Appears in 1 contract

Sources: Lease (Viewcast Com Inc)

Access to Premises. Tenant shall permit Landlord, its agentsagents and designees, servantsto erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises and to have free access to the Premises and any part thereof in the event of an emergency. Landlord or Landlord's agents shall also have the right to enter upon the Premises, to inspect the same, to perform janitorial and cleaning services, and to make such decorations, repairs, alterations, improvements or additions to the Premises or the Project as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said Premises that may be required thereof without the same constituting an eviction of Tenant in whole or in part, and the rent reserved shall in no way abate (except as provided in Sections 13 or 14 hereof) while said dec▇▇▇▇▇ons, repairs, alterations, improvements, or employees may enter the Premises at reasonable times with reasonable advance notice additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be personally present to Tenant (or open and permit an authorized employee of Tenant at the entry into said Premises), and at any time, upon when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable notice care to Tenant under Tenant's property), and without in any manner affecting the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances obligations and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions covenants of this Lease. Nothing contained in this Section 10, however, shall be deemed or construed to impose upon Landlord any obligations, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, in the exercise of any rights herein provided. Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to prospective tenantschange the Arrangement and/or location of entrances or passageways, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; doors and doorways, and corridors, elevators, stairs, toilets or post (on the Development, but not within or at the entrance public parts of the Premises) for sale Building, and to close entrances, doors, corridors, elevators or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesother facilities. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable to Tenant for any expense, injury, loss or damage to Tenant’s propertyresulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Sources: Asset Purchase Agreement (Biotel Inc.)

Access to Premises. Landlord, its agents, servants, or employees may Tenant shall: (i) permit Landlord and any Mortgagee to have access to and to enter upon the Premises at all reasonable times with reasonable advance notice hours for the purposes of inspecting the Building or equipment serving the Building (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements required or permitted to Tenant (be performed by Landlord pursuant to this Lease in or an authorized employee of Tenant at to the Premises), and at any time, upon reasonable notice to Tenant under Building or elsewhere on the circumstances, in an emergency, to do the following: inspect the Premises; comply Property or complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for which Landlord may be responsible under this Leaseimprovements or while performing work and furnishing materials in connection with compliance with any such laws, if anyorders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (ii) permit Landlord, at reasonable times, to show the Premises during ordinary business hours to any Mortgagee, prospective lenders purchaser of any interest of Landlord in the Building, the Property or purchasers andany portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the ninety (90) days immediately prior period of twelve months next preceding the Term Expiration Date to any person contemplating the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance leasing of the Premises) for sale Premises or for lease signs; provided; however, that all such entries any part thereof. Such rights shall be completed promptly exercised at such times and in a good workmanlike such manner so as to cause the least practical minimize interference to Tenant’s business and with Tenant’s use of the Premises. In all eventsPremises for the permitted Use of the Premises and, except in the event of an emergency (i.e. an event immediately threatening life or property), Landlord shall use commercially give Tenant reasonable efforts prior notice of any such entry (which such notice need not be in writing or given in accordance with Article 23.0 of this Lease). If during the last month of the Term, Tenant shall have removed substantially all of Tenant's property from the Premises, Landlord may immediately enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to minimize interference Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be furnished by Tenant; provided, however, that if such representative of Tenant is not or cannot be available within a reasonable period of time (given the nature of or circumstances under which entry by Landlord is, in Landlord’s judgment necessary or permissible), this sentence shall not be interpreted to prohibit Landlord from gaining access to or entering the premises at such times and by such means and Landlord may in Landlord’s judgment deem appropriate. During any exercise of Landlord’s rights of access to, in or on the Premises or elsewhere on the Property pursuant to the Lease and without creating any liability whatsoever on the part of Landlord, to the extent reasonable and practical under the circumstances as determined by Landlord, Landlord agrees to cooperate and coordinate with Tenant’s reasonable procedures of which Landlord has knowledge (“Security Procedures”) with respect to the security of the Premises and Tenant’s business operations thereonproperty (including, without limitation, Tenant’s intellectual property), provided, however, that any additional reasonable expenses incurred by Landlord as a result of such cooperation and coordination shall be reimbursable to Landlord as Additional Rent. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent Tenant’s Security Procedures restrict Landlord from performing any of Landlord’s obligations under the interference and Lease or Tenant’s Security Procedures would result in any additional expenses incurred by Landlord in the performance of such obligations, Landlord shall be liable for any damage relieved of Landlord’s duty to perform such obligations and Tenant shall be obligated to perform such obligations at Tenant’s expense (all as if same were originally set forth in this Lease as Tenant’s obligations). At Tenant’s own expense and subject to the terms and conditions of the Lease (including, without limitation, this paragraph), Tenant agrees to take whatever precautions it deems necessary to safeguard Tenant’s property, in particular, without limitation, Tenant’s intellectual property.

Appears in 1 contract

Sources: Laboratory Building Lease (OvaScience, Inc.)

Access to Premises. LandlordTenant shall permit Landlord to erect, its agentsuse and maintain pipes, servantsducts, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), wiring and at any time, upon reasonable notice to Tenant under the circumstances, conduits in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of through the Premises. In all eventsLandlord or Landlord's agents shall have the right to enter upon the Premises, to inspect the same, to perform janitorial and cleaning services and to make such repairs or alterations to the Premises (hereinafter in this Section 12 the "Cleaning or Alterations") or the Building as Landlord may deem necessary or desirable, and Landlord shall use commercially reasonable efforts be allowed to minimize interference with take all material into and upon said Premises that may be required therefor without the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct same constituting an eviction of Tenant’s business and/or cause damage to Tenant’s property (Tenant in whole or in part and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then rent reserved shall in such event the rent and any sums due and payable as additional rents, shall no wise ▇▇▇▇▇ (except as provided in proportion Section 13) while said Cleaning or Alterations, are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant shall not be personally present to open and permit an entry into said Premises, at any time, when for any reason an entry therein shall be necessary or permissible, to the extent permitted by law Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property) and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the interference and Building or any part thereof, other than as herein provided. Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or locations of entrances or passageways, doors and doorways, and corridors, elevators, toilets, other Common Areas, and parking areas. Landlord shall not be liable to Tenant for any expense, injury, loss or damage to Tenant’s propertyresulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Sources: Lease (Cavalier Homes Inc)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the Premises; comply with all lawsdemised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and main-tain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, ordersfloor, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andceiling. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or other-wise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines showing the same to renew prospective purchasers or mortgagees of the building, and during the last six months of the term for an additional term in accordance with the provisions purpose of this Lease, showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, but only if all Owner or Owner’s agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and therefrom Owner may immediately enter, alter, renovate or redecorate the entry is not needed because of Tenant’s default, negligence demised premises without limitation or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion ▇-ment of rent, or incurring liability to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act shall have no effect on this lease or Tenant’s propertyobligations hereunder. See§74(l)(iii).

Appears in 1 contract

Sources: Office Lease (Iconix Brand Group, Inc.)

Access to Premises. Landlord, its agents, servants, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, ; in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this This Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Ground Lease (VCG Holding Corp)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantswires, ducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may materially adversely affect the appearance thereof; (ii) permit Landlord and any mortgagee of the Building or the Building and land or of the interest of Landlord therein, and their representatives, to have free and unrestricted access to and to enter upon the Premises at all reasonable times with reasonable advance notice to Tenant hours for the purposes of inspection or making repairs (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under time in the circumstances, in event of an emergency, to do the following: inspect the Premises; comply as reasonably determined by Landlord), or complying with all laws, orders, ordinances orders and requirements of governmental or other authorities, or exercising any governmental unit or authority for which right reserved to Landlord may be responsible under by this Lease; and (iii) permit Landlord, if any; at reasonable times, to show the Premises during ordinary business hours to any mortgagee, prospective lenders purchaser, prospective mortgagee, or purchasers andprospective assignee of any mortgage of the Building or of the Building and the land or of the interest of Landlord therein, and during the ninety One-hundred and eighty (90180) days immediately prior to day period preceding the expiration of this Lease if (or any other date whereby Tenant declines may have the right to renew for an additional term earlier terminate this Lease in accordance with the provisions of this Leasehereof), to prospective tenantsany person contemplating the leasing of the Premises or any part thereof. If Tenant shall not be personally present to open and permit entry into the Premises at any time when for any reason entry therein shall be necessary or permissible, but only if all such showings are accompanied Landlord or Landlord’s agents may enter the same by a representative of Tenant master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefore (if so requested by Tenant; during such entry Landlord or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, agents shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage accord reasonable care to Tenant’s property) and without in any manner affecting the obligations and covenants of this Lease. Tenant shall at all times provide Landlord with a copy of all keys, and pass cards to the Premises. Prior to entering the Premises, Landlord shall provide Tenant with at least 24 hours advance notice (email or telephonic notice, including a message left on a message system of a Tenant indicated employee (if indicated employee is provided by Tenant), or with an answering service of, shall be sufficient for the purposes of this sentence), except in the event of an emergency, as reasonably determined by Landlord, whereupon no such advance notice shall be required.

Appears in 1 contract

Sources: Commercial Lease (GrowGeneration Corp.)

Access to Premises. (A) Landlord, its agentsthe Landlord’s employee and/or the Landlord’s agents shall have the right to enter upon the Demised Premises or any part thereof, servantswithout charge, or employees may enter the Premises at reasonable times any time during normal business hours after providing Tenant with reasonable advance notice to Tenant verbal, twenty-four (or an authorized employee of Tenant at the Premises)24) hour notice, and in case of emergency, at any time, upon reasonable notice to Tenant under inspect the circumstances, in an emergencysame, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Demised Premises to prospective lenders purchasers, mortgagees or purchasers andTenants, during to make or facilitate any repairs, alterations, additions or improvements to the ninety Demised Premises and/or the Building, including, without limitation, to install and maintain in, and remove from, any part of the Demised Premises, pipes, wires and other conduits (90but nothing in this Article 19 contained shall obligate Landlord to make any repairs, alterations, additions, or improvements); and Tenant shall not be entitled to any abatement or reduction of rent or damages by reason of any of the foregoing. For the period commencing nine (9) days immediately months prior to the expiration of this Lease if Tenant declines to renew for an additional the term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (Landlord may maintain “For Lease” signs on the Development, front or any part of the exterior of the Demised Premises but not within or at on the entrance interior windows of the Demised Premises) for sale or for lease signs; provided; however. Notwithstanding anything to the contrary herein, that all such entries Landlord shall be completed promptly use reasonable discretion in a good workmanlike manner so as entering the Demised Premises and shall act reasonably to cause the least practical avoid causing any interference to Tenant’s business and Tenant’s use Permitted Use of the Demised Premises. In all events, . (B) Landlord covenants and agrees that Tenant shall use commercially reasonable efforts have access to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultright to use the Demised Premises at all times, negligence or willful misconduct), then in such event twenty-four (24) hours per day and three hundred sixty-five (365) days per year during the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyLease Term.

Appears in 1 contract

Sources: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)

Access to Premises. (A) Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided the same do not interfere with Tenant's use of the Premises or employees may decrease the usable area thereof by more than a de minimis amount. Landlord, any Lessor or such party's agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice may be oral, to Tenant examine the same, to show the same to prospective purchasers, Mortgagees or lessees of the Building or space therein, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary to the Premises (or an authorized employee of Tenant at as Landlord is otherwise entitled to make under this Lease to the Premises), and at or to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested by Tenant; in whole or post (on in part and the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise (except as otherwise expressly set forth in proportion this Lease). Notwithstanding the foregoing, for purposes of showing the Premises to prospective lessees, Landlord shall only be entitled to enter the Premises, (i) during the 12 months immediately prior to the extent Fixed Expiration Date, upon reasonable prior notice (which may be oral), or (ii) at any time after an Event of Default under this Lease, without notice to Tenant. (B) Any work performed or installations made pursuant to this Article 16 shall be made with reasonable diligence and otherwise pursuant to Section 7.3. (C) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 16 shall, if reasonably practicable, either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning, columns or ceilings located or to be located in the Premises. Section 16.2. If Tenant is not present when for any reason entry into the Premises may be necessary or permissible, Landlord or Landlord's agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents accord reasonable care to Tenant's Property), and without in any manner affecting this Lease. Section 16.3. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the interference Building, provided any such change does not unreasonably interfere with, or deprive Tenant of access to, the Building or the Premises, and provided, further, that if Landlord changes the location of the doorway to the Premises, Landlord shall first notify Tenant thereof (which notice may be oral); to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows; and to change the name, number or designation by which the Building is commonly known. All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Premises, and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Ampex Corp /De/)

Access to Premises. Landlord and Landlord, its ’s agents, servants, or employees and contractors may enter the Premises at reasonable times with reasonable advance (including during normal business hours) on50 notice to Tenant (for the purpose of cleaning, inspecting, altering, improving and repairing the Premises or an authorized employee other parts of the Building and ascertaining compliance with the 47 ; provided, that the failure of Tenant to make such immediate notification shall not make Tenant liable for any damage resulting from such water intrusion/loss, unless Tenant would otherwise be liable for such damage under the other provisions of this Lease 48 ; provided, however, that the foregoing items (c) through (g), inclusive shall not apply to the installation or movement within the Premises, by or at the Premises)direction of Tenant, and of Tenant’s modular furniture, computers, equipment, wires, lines, cabling or similar connections, trade fixtures, partitions or other personal property located or to be located within the Premises that do not (x) require modification to the Building, (y) affect the structure of the Building, or (z) require the addition of, or connection to, any pipe, line, wire, conduit or related facility for water, electricity, natural gas, sewer or other utility 49 , excepting only claims caused by the Indemnified Causes 50 at any time, upon reasonable notice least twenty-four (24) hours’ provisions of this Lease by Tenant51. Landlord shall have free access to Tenant under the circumstances, Premises in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which . Landlord may be responsible under this Lease, if any; also show the Premises to prospective lenders purchasers, tenants52 or purchasers andmortgagees at reasonable times. Tenant waives any claim for any damage, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Leaseinjury or inconvenience to, to prospective tenantsor interference with, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use business, occupancy or quiet enjoyment of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and other loss occasioned by such entry, unless caused by Landlord’s willful misconduct or gross negligence. Landlord shall at all times have a key with which to unlock all of the doors in the Premises (excluding Tenant’s business operations thereon. If Landlord’s entry materially vaults, safes and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconductsimilar areas designated in writing by Tenant in advance), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Office Lease (CHG Healthcare Services, Inc.)

Access to Premises. Landlord or Landlord, its agents, servants, or employees may ’s agents shall have the right to enter the Premises at all reasonable times times, with reasonable advance notice (not less that 48 hours advance notice to Tenant), to examine the same and to show them to prospective purchasers, mortgagees, Tenants or tenants of Landlord, or to public officials lawfully having an interest therein, or to make such decorations, repairs, alterations, improvements or additions as Landlord may reasonably deem necessary or desirable or to close entrances, doors, corridors or other facilities. Landlord, Tenant and all other tenants in the Building and their respective guests, invitees and employees shall have ingress and egress to and from all common public areas of the Building, provided that (or an authorized employee i) Landlord has the right, under reasonable regulations, to regulate and control such guests, invitees and employees with respect to such access and the days and hours of Tenant at access, and (ii) all Common Areas and facilities not within the Premises), which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and at if the amount of such areas is diminished, Landlord shall not be subject to any timeliability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, upon reasonable notice nor shall such diminution of such areas be deemed constructive or actual eviction. In exercising is right of access to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply , Landlord agrees to take reasonable precautions to minimize interference with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business operations and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s property.

Appears in 1 contract

Sources: Lease of Office Space (Insys Therapeutics, Inc.)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the Premises; comply building or which Owner may elect to perform in the premises after Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with all laws, ordersregulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided, ordinances and requirements of any governmental unit wherever possible, they are within walls or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andotherwise concealed. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines to renew for an additional term in accordance with showing the provisions of this Lease, same to prospective tenantspurchasers or mortgagees of the building, but only if all and during the last six months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon 3 the demised premises the usual notices "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner's agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage 's property therefrom. Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act shall have no effect on this lease or Tenant’s property.'s obligation hereunder. See Article #75(A)

Appears in 1 contract

Sources: Lease Agreement (Medsite Com Inc)

Access to Premises. Section 16.1 (A) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises. Landlord or employees may Landlord’s agents shall have the right to enter the Premises at all reasonable times with upon (except in case of emergency) reasonable advance prior notice, which notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to perform audits or inspections for Hazardous Materials, to show the Premises; comply with all lawssame to prospective purchasers, ordersMortgagees or lessees of the Building or space therein, ordinances and requirements or to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of any governmental unit the Building, or authority for (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be responsible required) following Tenant’s failure to make repairs or Back to Contents perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with Requirements, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers andconstructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no respect ▇▇▇▇▇ or be reduced by reason of said repairs, during alterations, improvements or additions, wherever located, or while the ninety (90) days immediately prior same are being made, by reason of loss or interruption of business of Tenant, or otherwise. Landlord shall promptly repair any damage caused to the expiration of this Lease if Tenant declines to renew for an additional term Premises by such work, alterations, improvements or additions. Landlord shall not store materials in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post Premises (on the Development, but not within or at the entrance except during performance of the Premises) for sale or for lease signs; provided; howeverwork), that all unless they are confined to the area in which such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business alterations, additions and Tenant’s use of the Premisesimprovements are being performed. In all eventsexercising its rights under this Section 16.1, Landlord shall attempt to coordinate with Tenant in making any repairs, alterations or improvements in the Premises and shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and in the entry is not needed because of Tenant’s defaultPremises, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and provided Landlord shall not be liable for any damage required to Tenant’s propertyuse overtime labor.

Appears in 1 contract

Sources: Lease Agreement (Progenics Pharmaceuticals Inc)

Access to Premises. LandlordSublessor reserves, its agentsand shall at all ------------------ reasonable times have, servants, or employees may the right to re-enter the Premises at reasonable times with reasonable advance upon 24 hours' prior notice to Tenant Sublessee (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, except in an emergency) to inspect the same, to do the following: inspect the Premises; comply with all lawssupply janitor service and any other service to be provided by Sublessor to Sublessee, orders, ordinances and requirements of any governmental unit to show or authority for which Landlord may be responsible under this Lease, if any; to allow Lessor to show the Premises to prospective lenders purchasers, mortgagees or purchasers andtenants, during to post notices of nonresponsibility, and to alter, improve or repair the ninety (90) days immediately prior Premises and any portion of the Building of which the Premises are a part. Any such work shall be without abatement of Rent provided the work is necessary to comply with governmental requirements or is reasonably necessary to keep the Building in the condition required by this Sublease. For such purpose, Sublessor may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the expiration Premises shall not be blocked thereby, and further provided that the business of Sublessee shall not be interfered with unreasonably. Sublessee hereby waives any claim for damages for any injury or inconvenience to or interference with Sublessee's business, any loss of occupancy or quiet enjoyment of the Premises and any other loss occasioned by Sublessor's conduct pursuant to this Lease if Tenant declines Section, except to renew for the extent Sublessor fails to use reasonable efforts to minimize any interference. For each of the purposes stated in this Section, Sublessor shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Sublessee's vaults and safes or special security areas (designated in advance). Sublessor shall have the right to use any and all means which Sublessor may deem necessary or proper to open all doors in an additional term emergency, in accordance with the provisions of this Lease, order to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance obtain entry to any portion of the Premises) for sale , and any entry to any portion of the Premises obtained by Sublessor by any such means, or for lease signs; provided; howeverotherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, that or a detainer of, the Premises, or an eviction, actual or constructive, of Sublessee from all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use or part of the Premises. In all eventsSublessor shall also have the right at any time, Landlord shall use commercially reasonable efforts without the same constituting an actual or constructive eviction and without incurring any liability to minimize interference with Sublessee, to change the Premises arrangement and/or location of entrances, lobbies, parking facilities, passageways, doors and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultdoorways, negligence corridors, elevators, stairs, toilets or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent other public parts of the interference Building and Landlord to change the name, number or designation by which the Building is commonly known. Sublessor shall be liable reimburse Sublessee for any damage reasonable expenses incurred by Sublessee due to Tenant’s propertyany change in the Building's name, number or designation unless such change in mandated by a governmental entity having jurisdiction over the Building.

Appears in 1 contract

Sources: Sublease (Pg&e Gas Transmission Northwest Corp)

Access to Premises. A. Landlord and Landlord, its 's agents, servantsemployees, or employees may vendors shall have the right to enter the Premises Leased Premises, by passkey or otherwise, at reasonable times with any time upon reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, circumstances (except no notice shall be required in the case of an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of ) for any governmental unit or authority for purpose which Landlord may be responsible under this Leasedeem necessary for any installation in or operation of the Building, if any; show including without limitation, the exhibiting of the Leased Premises or the Building to prospective lenders purchasers, mortgagees or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all eventsaddition, Landlord shall have the right to take all necessary materials and equipment into the Leased Premises and to store the same within during construction or while making necessary repairs and maintenance so long as Landlord has acquired Tenant's prior written consent, which consent shall not be unreasonably withheld. Any entry and activity by the Landlord, as permitted under this paragraph 18, shall not entitle Tenant to any rent abatement, shall not constitute an eviction of Tenant and shall not in any way violate the Lease or any portion hereof. Landlord covenants that it will use its commercially reasonable efforts to minimize any interference with, or interruption of, the business of the Tenant in making such repairs or performing maintenance work. This paragraph shall not release Tenant from providing reasonable security precautions equivalent to those provided to its own employees, licensees, and invitees. B. During the last sixty (60) days of the Lease Term, and with Tenant's written consent, which consent shall not be unreasonably withheld, if Tenant has removed all or substantially all of its property from the Leased Premises, Landlord may immediately enter the Leased Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with renovate or redecorate the conduct Leased Premises without reduction or abatement of Tenant’s business and/or cause damage rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act or acts shall have no effect on this Lease or Tenant’s property's obligations hereunder.

Appears in 1 contract

Sources: Office Lease Agreement (Netwolves Corp)

Access to Premises. LandlordA. The Department, its agents, servants, or employees may enter shall have the right and privilege of ingress and egress on, over and across the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)access State-owned property for inspection, maintenance, development, and at any time, operation. Any authorized representative of the Department shall have the right to enter upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: and inspect the Premises; comply with all laws, ordersimprovements, ordinances and requirements of any governmental unit or authority for which Landlord the operations thereof and to take such action thereon as the Department may be responsible under this Lease, if any; show the Premises deem necessary to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if assure compliance by Tenant declines to renew for an additional term in accordance with the provisions terms and conditions of this Lease. B. The Department shall exercise its right under subparagraph A, to prospective tenantsabove, but only if all in such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business avoid and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property and crops or unreasonably interfere with Tenant’s activities. C. Tenant shall maintain at all times eight (8) foot wide perimeters that are uncultivated and free of obstructions around all fields on the Premises and In-kind Parcel (e.g., Agriculture Production Purposes) to enable the Department to access the Premises and In-kind Parcel. D. Tenant shall not plant any trees and/or crops within twenty (20) feet of any building, structure, or ingress/egress point to the Premises. E. The Department may erect new gates to the access area of the Premises. Any new gate shall be installed in a manner that does not limit or restrict access to the Premises for farm equipment. The Department shall provide Tenant with the means to unlock the gate. F. Tenant shall not alter access to Department-owned property. Tenant shall not lock any access gates that are typically unlocked or unlock gates that are typically locked without the prior written approval of the Department . If Tenant is not sure whether a gate is typically locked or unlocked, Tenant shall contact the Department prior to locking or unlocking any gates. If a gate is locked by the Department or Tenant, both shall have a means to unlock the gate. Tenant shall not install any gates altering access to the Premises unless approved in advance and in writing by the Department. G. The Department shall ensure that Tenant has access to the Premises and In-kind Parcel. Tenant shall notify the Department immediately if access has been impaired. If restoring access requires a physical change to the Premises, the Department shall either repair the impaired access or authorize Tenant to make the repair. If Tenant is authorized to make the repair, the repair shall be treated as an Improvement pursuant to Paragraph 10 (“IMPROVEMENTS”), and Tenant shall be required to obtain the Department’s written approval of an Improvement Plan and the entry is not needed because of Tenant’s defaultassociated cost prior to beginning any work. If the Department approves the Improvement Plan and the cost, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to Department can indicate that Tenant may deduct the extent cost of the interference and Landlord shall be liable for any damage to Tenant’s propertyrepair from the next Rent payment.

Appears in 1 contract

Sources: Lease Agreement

Access to Premises. A. Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at concealed ducts, pipes and conduits in and through the Premises), and at any time, . Landlord or Landlord's agents shall have the right upon reasonable notice to Tenant under (except in the circumstances, in event of an emergency) to enter the Premises at all reasonable times to examine the same, to do show them to prospective purchasers, Mortgagees or lessees of the following: inspect Building or space therein, and to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to the Premises; comply with all lawsPremises or to any other portion of the Building, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; howeverthe purpose of complying with all Requirements, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise abat▇ ▇▇▇le said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. (1) Any work performed or installations made pursuant to this Article 14 shall be made with reasonable diligence and in a manner designed to minimize interference with, or disruption of, Tenant's normal business operations; provided, however, that, except to the extent provided in Section A of Article 4 hereof, Landlord shall not be obligated to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever. Landlord shall promptly repair any damage to the Premises or Tenant’s property's property caused by such work or installations. (2) Any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 14 shall either be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises, or completely furred at points immediately adjacent to partitioning columns or ceilings located or to be located in the Premises, provided that the installation of such pipes, ducts, or conduits, when completed, shall not materially or unreasonably reduce the usable area of the Premises.

Appears in 1 contract

Sources: Lease Agreement (United Restaurants Inc)

Access to Premises. Section 14.1 (A) Tenant shall permit Landlord, its Landlord’s agents, servantsrepresentatives, or contractors and employees may and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord’s agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except in the case of an emergency in which event Landlord and Landlord’s agents, representatives, contractors, and employees may enter without prior notice to Tenant (or an authorized employee of Tenant at the Premises)Tenant, and at any time, upon provided that Landlord shall nevertheless endeavor to give such notice which may be reasonable notice to Tenant under the circumstances), in an emergencywhich notice may be oral, to do examine the following: inspect same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises; comply Premises (if in compliance with all lawsa Requirement or to fulfill an obligation to Tenant) or to any other portion of the Building or Building Systems, orders, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may, pursuant to Section 4.1 above, elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord’s agents, representatives, contractors, and employees may be responsible enter without prior notice to Tenant), following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefore without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested by Tenant; in whole or post (on in part and the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, Rental) shall under no circumstances ▇▇▇▇▇ in proportion (except to the extent expressly set forth in Section 10.1 hereof) while said repairs, alterations, improvements, additions or restorations are being made, by reason of the interference and Landlord shall be liable for any damage to loss or interruption of business of Tenant’s property, or otherwise.

Appears in 1 contract

Sources: Lease Agreement (Learning Tree International Inc)

Access to Premises. SECTION 14.1 Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided such work is performed by Landlord in a manner so as to minimize any interference that might be occasioned to Tenant's business operations and to minimize any damage that might result to the Premises, Tenant's Alterations or employees may Tenant's Property. Landlord shall promptly repair any damage to the Premises, Tenant's Alterations or Tenant's Property caused by any work performed by Landlord pursuant to this Article 14; provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant shall first pay to Landlord as Additional Rent Landlord's reasonable estimate of any excess costs and expenses incurred by Landlord in employing such overtime or premium rate labor, and shall thereafter reimburse Landlord for any additional costs and expenses incurred by Landlord in excess of such estimated amount. Landlord or Landlord's agents shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to examine the same, to show them to prospective purchasers, Mortgagees, Lessors or lessees of the Building and their respective agents and representatives or prospective tenants of the Premises, and to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (b) which Landlord may elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and, except as and to the extent provided in Section 5.4, Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. SECTION 14.2 If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord's agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable advance notice care to Tenant's property), and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. SECTION 14.3 Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. All parts (or an authorized employee except surfaces facing the interior of Tenant at the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances other than doors and entrances solely servicing the Premises), all balconies, terraces and at any time, upon reasonable notice roofs adjacent to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with , all laws, orders, ordinances and requirements of any governmental unit space in or authority for which Landlord may be responsible under this Lease, if any; show adjacent to the Premises to prospective lenders or purchasers andused for shafts, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Leasestacks, to prospective tenantsstairways, but only if all such showings chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance part of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Abovenet Communications Inc)

Access to Premises. Landlord, 01. Landlord and its agents, servants, or employees may agents shall have the right to enter the Premises at reasonable all times with after reasonable advance notice to Tenant by telephone or otherwise (or an authorized employee of Tenant at except that no advance notice will be required in emergency circumstances), to examine the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders purchasers, mortgagees or purchasers andlessees, and to make and perform such cleaning, maintenance, repairs, alterations, improvements or additions as Landlord may be required to perform under this Lease or as Landlord may deem necessary or desirable for the safety, improvement or preservation of the Premises or of other portions of the Building. Landlord shall have the right from time to time to install, maintain, use, repair and replace utility lines, unexposed pipes, ducts, conduits and wires in and through the Premises. Landlord shall also be allowed to bring and keep upon the Premises all necessary materials, supplies and equipment. No such action by Landlord shall constitute an eviction of Tenant in whole or in part or entitle Tenant to any abatement of rent or damages, by reason of inconvenience, annoyance, disturbance, loss or interruption of business or otherwise, and no such action shall affect Tenant's obligations under this Lease in any manner whatsoever. 02. Landlord covenants in any event to use reasonable diligence to avoid disruption and inconvenience to Tenant's business and patrons in the course of any exercise of Landlord's right of entry under this Section. 03. If during the ninety (90) days immediately prior to the expiration term of this Lease if Tenant declines shall have removed all or substantially all of Tenant's property from the Premises and Tenant has not paid any amounts due hereunder, Landlord may immediately enter and alter, renovate and redecorate the Premises without incurring liability to renew Tenant for any compensation or damages, and such acts shall not entitle Tenant to any elimination or abatement of rent and shall not have the effect of terminating this Lease or making this Lease void or voidable, absent notice from Landlord to the contrary. 04. If Tenant shall not be personally present to permit an additional term entry into the Premises at any time upon Landlord’s reasonable advance notice and such entry is necessary or permissible, Landlord or Landlord's agents may enter the Premises by use of a master key, or may forcibly enter the Premises, without rendering Landlord or its agents liable therefor (provided that during such entry Landlord or its agents shall accord reasonable care to Tenant's property), and without in accordance with any manner affecting the provisions obligations and covenants of this Lease. 05. Nothing in this Lease, however, shall be deemed or construed to prospective tenantsimpose upon Landlord any obligations, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; responsibility or post (on liability whatsoever for the Developmentcare, but not within supervision or at the entrance repair of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly Premises other than as provided in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertythis Lease.

Appears in 1 contract

Sources: Lease Agreement

Access to Premises. LandlordSection 11.01 Landlord reserves the right to install, its agentsuse, servantsmaintain, or employees and repair pipes, ducts, and conduits in and through the Premises. Landlord and persons authorized by Landlord may enter the Premises at reasonable times with reasonable advance any time without notice to Tenant (in the event of an emergency involving possible injury to property or an authorized employee of persons in or around the Premises or the Building Project; provided, however, Landlord shall give Tenant at the Premises), and at any time, upon reasonable such notice to Tenant as shall be deemed by Landlord as practicable under the circumstances. Landlord and persons authorized by Landlord shall also have the right to enter the Premises at all reasonable times and upon reasonable advance written notice for the purposes of making inspections, in an emergencyrepairs, replacements, and improvements which may be Landlord’s obligation under this Lease or which Landlord deems necessary for the safety, protection, or preservation of the Building Project or when such entry will facilitate repairs, alterations, or additions to the Building Project or any tenant’s premises. If reasonably necessary for the protection and safety of Tenant and its agents and employees, Landlord may temporarily close the Premises, or portions thereof, to do perform repairs, alterations, or additions to the following: inspect the Premises; comply with Building Project, so long as Landlord shall use reasonable efforts to perform all laws, orders, ordinances and requirements of any governmental unit or authority for which such work after Normal Business Hours. Section 11.02 Landlord may be responsible under this Lease, if any; show exhibit the Premises to prospective lenders purchasers or purchasers andmortgagees of Landlord’s interest in the Premises or others with a legitimate purpose during Normal Business Hours after reasonable advance oral or written notice. During the last nine (9) months of the Term, Landlord or its agents may exhibit the Premises to prospective tenants during Normal Business Hours. Section 11.03 Except in the ninety (90) days immediately prior event of emergency, all access to the expiration of Premises pursuant to this Lease if Tenant declines Article 11 shall be on not less than one (1) business day prior notice to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a Tenant. A representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as permitted to cause the least practical interference accompany those persons entering any laboratory areas and such persons shall be required to Tenant’s business and Tenant’s use of the Premises. In all eventswear appropriate safety glasses and/or coats, Landlord shall use commercially reasonable efforts to minimize interference with maintain the Premises confidentiality of all operations and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with procedures which may be observed in the conduct course of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyaccess.

Appears in 1 contract

Sources: Lease (Cara Therapeutics, Inc.)

Access to Premises. Landlord shall have the right, upon reasonable prior notice, to enter upon the Premises at all reasonable business hours for the purpose of inspecting them or making such repairs or alterations as it is obligated to make under the terms of this Lease or which Landlord may elect to perform, following Tenant's failure to do so. Repairs shall be made, and alterations as are the requirement of Landlord, in such a manner that they do not unreasonably interfere with Tenant’s operation of the premises or its agentsquiet enjoyment. Repairs by either Landlord or Tenant on behalf of the other shall be made in a manner only upon prior notice and only if the other party fails to undertake such repairs that are its obligations upon notice as provided in Paragraph 9.3. The Landlord shall have the right to enter the premises at reasonable hours on reasonable notice to show them to prospective purchasers and mortgagees, servantshowever, such shall be in a manner that does not interfere with the operation of the business and shall not include entry into the kitchen and other areas which could be a violation of health codes or employees would create a hazard in the operation of the business. In no event may Landlord enter the premises without the consent of Tenant unless there is an absolute emergency. Throughout the Term, Landlord shall have the right to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon hours on reasonable notice to Tenant under for the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements purpose of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises showing them to prospective lenders purchasers or purchasers mortgagees and, during the ninety (90) days immediately prior to last six months of the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseTerm, to prospective tenants. If Tenant is not present to open and permit an entry into the Premises, but only if all Landlord or Landlord's agents may enter the same whenever such showings are accompanied by a representative entry may be reasonably necessary in event of an emergency to protect life or property. In no event shall the obligations of Tenant if so requested hereunder be affected by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all any such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyentry.

Appears in 1 contract

Sources: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

Access to Premises. Landlord and Landlord, its agents, servants, or 's employees and agents may enter the Premises at reasonable all times with reasonable during the period when Tenant is open for business and at all other times on 24 hour advance notice except in the event of an emergency without diminution or abatement of rent and without liability to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice i) to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws(ii) during periods of time when Tenant is not open for business to the public (whenever possible) to make repairs, ordersadditions or alterations to the Premises, ordinances the Project, or any property owned or controlled by Landlord (and requirements of any governmental unit or authority for which such purposes Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be responsible under this Leaseperformed, if any; show always providing the entrance to the Premises shall not be blocked thereby); (iii) to prospective lenders save or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with post any notice required or permitted under the provisions of this LeaseLease or by law; (iv) to cure any default by Tenant or to exercise any remedy of Landlord for a default; and (v) for any other lawful purpose. For the purpose of providing access as required by this Section, Landlord shall have a key to prospective tenantsunlock all doors on the Premises. If an excavation is made or is authorized to be made upon land adjacent to the Premises or the Project, but only if Tenant agrees to permit all necessary persons to enter the premises for the Purpose of doing such showings are accompanied by a representative work as Landlord deems necessary to preserve the walls of Tenant if so requested the Project from injury or damage. Nothing contained herein shall impose or be deemed to impose any duty on the part of Landlord to do any work or repair, maintenance, reconstruction or restoration, which under any provision of this Lease is required to be done by Tenant; or post (on and the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, performance thereof by Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct not constitute a waiver of Tenant’s business and/or cause damage 's default in failing to Tenant’s property (and do the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertysame.

Appears in 1 contract

Sources: Lease Agreement (American Vantage Companies)

Access to Premises. LandlordTenant shall: (i) permit Landlord to erect, its agentsuse and maintain pipes, servantsducts and conduits in and through the Premises, provided the same do not materially reduce the floor area or employees may materially adversely affect the appearance thereof; (ii) permit Landlord and any Mortgagee to have free and unrestricted access to and to enter upon the Premises at all reasonable times with reasonable advance notice hours for the purposes of inspecting equipment (including, without limitation, sanitary, electrical, heating, air conditioning or other systems) or making repairs, replacements or improvements in or to Tenant (or an authorized employee of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do Building or elsewhere on the following: inspect the Premises; comply Property or complying with all laws, orders, ordinances orders and requirements of governmental or other authority or of exercising any governmental unit right reserved to Landlord by this Lease (including the right during the progress of any such repairs, replacements or authority for which Landlord may be responsible under this Leaseimprovements or while performing work and furnishing materials in connection with compliance with any such laws, if anyorders or requirements to take upon or through, or to keep and store within, the Premises all necessary materials, tools and equipment); and (iii) permit Landlord, at reasonable times, to show the Premises during ordinary business hours to any Mortgagee, prospective lenders purchaser of any interest of Landlord in the Building, the Property or purchasers andany portion thereof, prospective Mortgagee, or prospective assignee of any Mortgage, and during the ninety (90) days period of twelve months next preceding the Term Expiration Date to any person contemplating the leasing of the Premises or any part thereof. If during the last month of the Term, Tenant shall have removed substantially all of Tenant's property from the Premises, Landlord may immediately prior enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit any entry into the Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents must nevertheless be able to gain such entry by contacting a responsible representative of Tenant, whose name, address and telephone number shall be furnished by Tenant. Landlord shall exercise its rights of access to the expiration Premises permitted under any of the terms and provisions of this Lease if Tenant declines in such manner as to renew for an additional term in accordance with the provisions of this Leaseminimize, to prospective tenantsthe extent practicable, but only if all such showings are accompanied by a representative of Tenant if so requested by interference with Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business 's use and Tenant’s use occupation of the Premises. In all eventsIf an excavation shall be made or authorized by Landlord to be made upon the Property, Landlord Tenant shall use commercially reasonable efforts afford, to minimize interference with the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the Building, the Property or any portion thereof from injury or damage and Tenant’s business operations thereon. If to support the same by proper foundations without any claim for damage or indemnity against Landlord’s entry materially and substantially interferes with the conduct , or diminution or abatement of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyRent.

Appears in 1 contract

Sources: Office Building Lease (Acer Therapeutics Inc.)

Access to Premises. 17.01 Tenant shall (a) permit Landlord to use, maintain and replace pipes and conduits in and through the Demised Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floors or ceilings, (b) grant Landlord access to the Demised Premises upon reasonable prior request, or immediately in the event of emergency, to permit Landlord to inspect, replace, maintain, repair or make installations in respect of the Building and its component parts and systems and subject to the foregoing, grant Landlord access to the Demised Premises for the purpose of exhibiting said premises to prospective purchasers or mortgagees of the Building, and during the last twelve months of the Term for the purpose of showing the same to prospective tenants; and (c) permit ingress and egress to Landlord, its agents, servants, agents or employees may enter and to other tenants of the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee Building in the event of Tenant at the Premises), and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which . Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andmay, during the ninety (90) days immediately prior to progress of any work in the expiration of this Lease if Tenant declines to renew for Demised Premises mentioned above, take all necessary materials and equipment into and upon said premises, without the same constituting an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative eviction of Tenant if so requested in whole or in part, nor shall Tenant be entitled to any abatement of Rent while such work is in progress nor to any damages by Tenant; reason of loss or post (on the Development, but not within interruption of business or at the entrance of the Premises) for sale or for lease signs; provided; however, that all otherwise. Landlord agrees to perform such entries shall be completed work as promptly in a good workmanlike manner so as reasonably possible and to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the 's conduct of Tenant’s its business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultmay, negligence or willful misconduct)where appropriate, then in construct such event the rent and any sums due and payable as additional rents, shall temporary ▇▇▇▇▇▇▇ in proportion or barricades as Landlord determines to ensure the safety of the work site and Tenant's employees, visitors, guests and personal property. If the Demised Premises are located on a floor which is now or hereafter designated a re-entry floor, Tenant shall provide such access to the extent Demised Premises as required by law. If Tenant shall not be present to open and permit an entry therein as shall be necessary or permissible, Landlord or Landlord's agents may forcibly enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property) and without in any manner affecting Tenant's obligations and covenants under this Lease. If Tenant shall fail to grant any such access, the same shall be deemed a breach of a material obligation under this Lease and, in addition to the other remedies which Landlord may have under this Lease in the event of a default, Landlord shall specifically be entitled to injunctive and other appropriate relief. 17.02 If at any time any windows of the interference Demised Premises are temporarily or permanently (restricted to windows on a lot line or otherwise required by law, if permanently) darkened or obstructed for any reason whatsoever, including, but not limited to repairs, improvements, maintenance and/or cleaning in or about the Building, or if any part of the Building other than the Demised Premises is temporarily or permanently closed or inoperable, the same shall not be deemed an actual or constructive eviction and Tenant shall be entitled to any compensation therefor or abatement or diminution of Rent and such occurrence shall have no effect upon Tenant's obligations under this Lease. 17.03 Tenant shall at all times maintain a full set of keys to the Demised Premises with Landlord. 17.04 If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Demised Premises without limitation or abatement of Rent or incurring liability to Tenant for any compensation and such act shall have no effect on this Lease or Tenant's obligations hereunder. 17.05 Landlord shall have the right at any time without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangements and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or other public parts of the Building and to change the name or number of designation by which the Building may be liable known. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or other tenants making any damage repairs in the Building or any such alterations, additions and improvements. Furthermore, Tenant shall not have any claim against Landlord by reason of Landlord's imposition of such controls or the manner of access to the Building by Tenant’s property's social or business visitors as Landlord may deem necessary for the security of the Building and its occupants.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Sl Green Realty Corp)

Access to Premises. (A) Tenant shall permit Landlord, its Landlord's agents, servantsrepresentatives, contractors and employees and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises. Landlord, Landlord's agents, representatives, contractors, and employees and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times upon reasonable prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), which notice may be oral, to examine the same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Building, or (ii) which Landlord may elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. (B) Any work performed or installations made pursuant to this Article 14 shall be made with reasonable diligence and otherwise pursuant to the provisions of Section 4.3 hereof. (C) Except as hereinafter provided, any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises. Notwithstanding the foregoing, any such pipes, ducts, or conduits may be furred at points immediately adjacent to partitioning columns or ceilings located or to be located in the Premises, provided that the same are completely furred and that the installation of such pipes, ducts, or conduits, when completed, shall not reduce the usable area of the Premises beyond a DE MINIMIS amount. SECTION 14.2. During the eighteen (18) month period prior to the Expiration Date, Landlord may exhibit the Premises to prospective tenants thereof. SECTION 14.3. If Tenant shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord's agents, representatives, contractors or employees may enter the Premises at same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord's agents shall accord reasonable times with reasonable advance notice care under the circumstances to Tenant (or an authorized employee of Tenant at the Premises)Tenant's Property, and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. SECTION 14.4. Landlord also shall have the right at any time, upon reasonable notice without the same constituting an actual or constructive eviction and without incurring any liability to Tenant under the circumstances, in an emergencytherefor, to do change the following: inspect arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known, provided any such change does not (a) unreasonably reduce, interfere with or deprive Tenant of access to the Building or the Premises or (b) reduce the rentable area (except by a DE MINIMIS amount) of the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show . All parts (except surfaces facing the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (NBC Internet Inc)

Access to Premises. (A) Tenant shall permit Landlord, its Landlord's agents, servants------------- representatives, contractors and employees and public utilities servicing the Building to erect, use and maintain, concealed ducts, pipes and conduits in and through the Premises, provided that the same does not result in a reduction (to more than a de minimis extent) in the rentable area of the Premises or a -- ------- material change in the layout of the Premises. Landlord, Landlord's agents, representatives, contractors, and employees may and the agents, representatives, contractors, and employees of public utilities servicing the Building shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except in the case of an emergency in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant (or an authorized employee of Tenant at the PremisesTenant), and at any time, upon reasonable which notice to Tenant under the circumstances, in an emergencymay be oral, to do examine the following: inspect same, to show them to prospective purchasers, or prospective or existing Mortgagees or Lessors, and to make such repairs, alterations, improvements, additions or restorations (i) as Landlord may deem necessary or desirable to the Premises; comply with all lawsPremises or to any other portion of the Building, orders, ordinances and requirements of any governmental unit or authority for (ii) which Landlord may be responsible elect to perform following ten (10) days after notice, except in the case of an emergency (in which event Landlord and Landlord's agents, representatives, contractors, and employees may enter without prior notice to Tenant), following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (iii) for the purpose of complying with any Requirements, a Superior Lease or a Mortgage, and Landlord shall be allowed to take all material into and upon the Premises to prospective lenders that may be required therefor without the same constituting an eviction or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative constructive eviction of Tenant if so requested in whole or in part and the Fixed Rent (and any other item of Rental) shall in no wise ▇▇▇▇▇ while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant; , or post otherwise. (on the Development, but not within B) Any work performed or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries installations made pursuant to this Article 14 shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business made with reasonable diligence and Tenant’s use of the Premises. In all events, Landlord shall use commercially its reasonable efforts to minimize interference with Tenant's access to and use and occupancy of the Premises in making any repairs, alterations, additions or improvements, as provided in the provisions of Section 4.3 hereof. Landlord shall cause any debris or refuse to be removed from the work area in the Premises at the end of each day, and Tenant’s business operations thereonupon completion of any such work, Landlord shall repair any damage to the Premises caused by or resulting from such work or activity. (C) Except as hereinafter provided, any pipes, ducts, or conduits installed in or through the Premises pursuant to this Article 14 shall be concealed behind, beneath or within partitioning, columns, ceilings or floors located or to be located in the Premises. Notwithstanding the foregoing, any such pipes, ducts, or conduits may be furred at points immediately adjacent to partitioning columns or ceilings located or to be located in the Premises, provided that the same are completely furred and that the installation of such pipes, ducts, or conduits, when completed, shall not reduce the usable area of the Premises beyond a de minimis amount. ---------- Section 14.2. During the twelve (12) month period prior to the Expiration ------------- Date, Landlord may exhibit the Premises to prospective tenants thereof upon reasonable prior notice (which may be oral) and at reasonable times. Section 14.3. If Tenant shall not be present when for any reason entry ------------- into the Premises shall be necessary or permissible, Landlord or Landlord’s 's agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry materially and substantially interferes with Landlord or Landlord's agents shall accord reasonable care under the conduct of Tenant’s business and/or cause damage circumstances to Tenant’s property 's Property, and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Section 14.4. Landlord also shall have the right at any time, without the ------------- same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known, provided any such change does not (a) unreasonably reduce, interfere with or deprive Tenant of access to or use of the Building or the Premises or (b) reduce the rentable area (except by a de minimis amount) of the Premises. All parts (except surfaces facing the ---------- interior of the Premises) of all walls, windows and doors bounding the entry is not needed because of Tenant’s defaultPremises (including exterior Building walls, negligence or willful misconductexterior core corridor walls, exterior doors and entrances), then in such event the rent all balconies, terraces and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion roofs adjacent to the extent Premises, all space in or adjacent to the Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the interference Premises, and Landlord shall be liable have the use thereof, as well as access thereto through the Premises for any damage to Tenant’s propertythe purposes of operation, maintenance, alteration and repair.

Appears in 1 contract

Sources: Lease Agreement (Musicmaker Com Inc)

Access to Premises. Section 14.1 Tenant shall permit Landlord, its agentsLandlord's agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, pipes and conduits in and through the Premises, provided that such use shall not reduce the usable square footage of the Premises by an amount in excess of one percent (1%) of the rentable square footage of the Premises. Landlord or employees may Landlord's agents shall have the right to enter the Premises at all reasonable times with upon reasonable advance prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral, to Tenant (examine the same, to show them to prospective purchasers, Mortgagees, Lessors or an authorized employee lessees of Tenant at the Building and their respective agents and representatives or prospective tenants of the Premises), and at to make such repairs, alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any timeother portion of the Building, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for (b) which Landlord may be responsible elect to perform following Tenant's failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, if any; show or (c) for the purpose of complying with Legal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. Section 14.2 If Tenant shall not be present when for any reason entry into the Premises shall be necessary, Landlord or Landlord's agents may enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to prospective lenders or purchasers andTenant's property), during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term and without in accordance with the provisions of any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to prospective tenantsimpose upon Landlord any obligation, but responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as herein provided. Notwithstanding the foregoing, Landlord hereby recognizes that the Premises will include a telecommunications switch area which contains privileged and confidential telecommunications and computer equipment and that such equipment is highly susceptible to damage. Landlord agrees to use reasonable efforts not to compromise such confidentiality and/or cause damage to such equipment. Therefore, Landlord agrees, except in the event of an emergency, Landlord may enter upon or pass through the switch area of the Premises only if all such showings are when accompanied by a representative of Tenant, provided that Tenant if so requested shall make such representative available upon such notice from Landlord as shall be reasonable in light of the circumstances. Section 14.3 Landlord shall have the right from time to time to alter the Building and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by Tenant; or post which the Building is commonly known. All parts (on except surfaces facing the Development, but not within or at the entrance interior of the Premises) of all walls, windows and doors bounding the Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances other than doors and entrances solely servicing the Premises), all balconies, terraces and roofs adjacent to the Premises, all space in or adjacent to the Premises used for sale or for lease signs; provided; howevershafts, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and Tenant’s use other mechanical facilities, service closets and other Building facilities are not part of the Premises. , and Landlord shall have the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration and repair. Section 14.4 In all eventsthe performance of any work in the Premises referred to in this Article 14, Landlord shall use commercially all reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent 's use of the interference Premises, subject to Unavoidable Delays, and Landlord shall be liable for without any damage obligation to Tenant’s propertyemploy overtime labor.

Appears in 1 contract

Sources: Lease Agreement (Fibernet Telecom Group Inc\)

Access to Premises. Landlord or Landlord’s agents shall have the right (but shall not be obligated) to enter the Premises in any emergency at any time, its agentsand, servantsat other reasonable times, upon reasonable notice, to examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Premises and to erect new pipes and conduits therein provided they are concealed within the walls, floors, or employees may ceiling. Landlord may, during the progress of any work in the Premises, take all necessary materials and equipment into said Premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress not to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Landlord shall have the right to enter the Premises at reasonable times hours and reasonable prior notice for the purpose of showing the same to prospective purchasers or mortgagees of the Building with the exception of high security areas, and during the last six months of the term for the purpose of showing the same to prospective tenants with the exception of high security areas. If Tenant is not present to open and permit an entry into the Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly (under emergency conditions only) and provided reasonable advance notice care is exercised to Tenant (safeguard Tenant’s property, such entry shall not render Landlord or an authorized employee its agents liable therefor, nor in any event shall the obligations of Tenant at hereunder be affected. If during the Premises)last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom Landlord may immediately enter, alter, renovate or redecorate the Premises without limitation or abatement of rent, and at such act shall have no effect on this Lease or Tenant’s obligations hereunder; provided that Landlord shall indemnify Tenant and hold Tenant harmless from and against any time, upon reasonable notice to Tenant under and all claims arising from or in connection with (i) the circumstances, in an emergency, to do conduct or management of the following: inspect the Premises; comply with all laws, orders, ordinances and requirements Premises or of any governmental unit work or authority for which Landlord may be responsible under this Leasething whatsoever done, if any; show or any condition created (other than by Tenant) in or about the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration period of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, time that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with has entered the Premises and Tenant’s business operations thereon. If (ii) any accident, injury or damage whatever caused as a result of Landlord’s entry materially and substantially interferes with activities occurring in, at or upon the conduct of TenantPremises during Landlord’s business and/or cause damage to Tenant’s property (and entrance into the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event Premises during the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent last month of the interference and Landlord shall be liable for any damage to Tenant’s propertyterm.

Appears in 1 contract

Sources: Lease Agreement (Merisel Inc /De/)

Access to Premises. LandlordSubject to the following provisions, its agents, servants, or employees may to enter the Premises at reasonable times with reasonable advance notice in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder (or an authorized employee of Tenant at except for the PremisesSecure Areas as described below), (iii) show the Premises to current and at any timeprospective Lenders, upon reasonable notice to Tenant under insurers, purchasers, governmental authorities, and their representatives, and during the circumstanceslast nine (9) months of Tenant's occupancy, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders tenants and leasing brokers, and (iv) decorate, remodel or purchasers and, alter the Premises if Tenant abandons the Premises at any time or vacates the same during the ninety last 120 days of the Term (90without thereby terminating this Lease), and (v) days immediately prior perform any work or take any other actions under Paragraph C below, or exercise other rights of Landlord under this Lease or applicable Laws. If Tenant requests that any such non-disruptive access occur before or after Building Hours, and Landlord schedules the work accordingly, Tenant shall pay all overtime and other additional costs in connection therewith. In connection with any such access to the expiration of this Lease if Premises, except in emergencies or for cleaning or other routine services to be provided to Tenant declines to renew for an additional term in accordance with the provisions of under this Lease, Landlord shall: (a) provide reasonable advance written or oral notice to prospective tenantsTenant's on-site manager or other appropriate person, but only if all such showings are accompanied by a representative of and (b) take reasonable steps to minimize any disruption to Tenant's business. Notwithstanding anything contained in this Lease to the contrary, Tenant if so requested by Tenant; or post (on shall have the Development, but not right to reasonably designate certain limited areas within or at the entrance of the Premises, such as the Telecommunications Equipment Room, as secure areas ("Secure Areas") for sale or for lease signs; provided; however, that all such entries shall which may be completed promptly in a good workmanlike manner so as locked by Tenant and to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, which Landlord shall use commercially reasonable efforts not have the key or other method of access (such as key cards or security codes), except when a Tenant employee or representative is present. Tenant acknowledges that Landlord's lack of access to minimize interference with the Premises Secure Areas may impair the ability of Landlord or other persons (including, without limitation, fire and Tenant’s business operations thereonpolice personnel) to respond to emergency situations in or affecting the Secure Areas. If Landlord’s entry materially Tenant waives and substantially interferes with releases all claims, demands, liabilities, losses and expenses (collectively, "claims") which may arise or occur as a result of any delay or difficulty in gaining, or inability to gain, access to the conduct of Tenant’s business and/or cause Secure Areas by Landlord or other persons (including, without limitation, fire and police personnel) in emergency situations, and Tenant shall defend, indemnify and hold Landlord and its agents and employees harmless from any claims, damages, losses and expenses, including damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion doors to the extent of the interference and Secure Areas arising therefrom. Landlord shall be liable for have no obligation to provide any damage cleaning services to Tenant’s propertythe Secure Areas.

Appears in 1 contract

Sources: Office Lease (E Spire Communications Inc)

Access to Premises. Landlord, its agents, servants, or employees may enter Landlord shall have access to the Premises at all reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises)with, and at any timeexcept in emergencies, upon reasonable notice to Tenant under the circumstancesand in compliance with Tenant’s confidentiality, in an emergency, to do the followingsecurity and health and safety protocols to: (a) inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show (b) exhibit the Premises to prospective purchasers, lenders or purchasers andtenants; (c) determine whether Tenant is complying with its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant hereunder; (e) post notices of non-responsibility; (f) make repairs required of Landlord hereunder or repairs to any adjoining space or utility services or make repairs, during the ninety (90) days immediately prior alterations or improvements to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance any other portion of the Premises) for sale or for lease signs; Project, provided; , however, that all such entries work shall be completed promptly done in a good workmanlike manner so as commercially reasonable and prompt manner, or (g) exercise any of its rights hereunder including, without limitation, its cure rights under Section 17.1. Landlord may, in order to cause carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the least practical interference to Tenant’s business and Tenant’s use character of the Premiseswork to be performed, and during the course of work being performed keep and store upon the Premises all necessary material, supplies, and equipment, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. In all eventsFor each of the aforesaid purposes, Landlord shall use commercially reasonable efforts at all times have and retain a key with which to minimize interference with unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, if any. No additional locks shall be placed by Tenant upon any doors in the Premises and if more than two keys for any lock are desired, such additional keys shall be paid for by Tenant’s business operations thereon. If All keys shall be duplicated only by Landlord’s , and under no circumstance shall Tenant cause any key to be duplicated. Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency or in re-taking possession in order to obtain entry materially and substantially interferes with to the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s defaultPremises, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rentsentry to the Premises obtained by Landlord by any of said means, or otherwise, shall ▇▇▇▇▇ in proportion not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the extent Premises, or an eviction of Tenant from the interference Premises or any portion thereof, and Landlord any damages caused on account thereof shall be liable for any damage to paid by Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Twist Bioscience Corp)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance notice in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants, brokers and government authorities, (iv) decorate, remodel or an authorized employee of alter the Premises if Tenant at shall abandon the Premises), and Premises at any time, upon or shall vacate the same during the last one hundred twenty (120) days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph (C) below, or exercise other rights of Landlord under this Lease or applicable Laws. However Landlord shall: (a) provide reasonable advance written or oral notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit Tenant’s on-site manager or authority other appropriate person for matters which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by will involve a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference significant disruption to Tenant’s business (except in emergencies) and (b) take reasonable steps to minimize any significant disruption to Tenant’s use business, and following completion of any work, return Tenant’s leasehold improvements, fixtures, property and equipment to the original locations and condition to the fullest extent reasonably possible. Tenant shall not place partitions, furniture or other obstructions in the Premises which may prevent or impair Landlord’s access to the Systems and Equipment for the Building or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Tenant requests that any such access occur before or after Landlord’s entry materially and substantially interferes with the conduct of Tenant’s regular business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 1 contract

Sources: Lease Agreement (FriendFinder Networks Inc.)

Access to Premises. Landlord, its agents, servants, or employees may To enter the Premises at reasonable times with reasonable advance notice in order to: (i) inspect, (ii) supply cleaning service or other services to be provided Tenant hereunder, (iii) show the Premises to current and prospective Lenders, insurers, purchasers, tenants, brokers and governmental authorities, (iv) decorate, remodel or an authorized employee of alter the Premises if Tenant at shall abandon the Premises), and Premises at any time, upon or shall vacate the same during the last 120 days of the Term (without thereby terminating this Lease), and (v) perform any work or take any other actions under Paragraph (C) below, or exercise other rights of Landlord under this Lease or applicable Laws. However, Landlord shall: (a) provide reasonable advance written or oral notice to Tenant under the circumstancesTenant's on-site manager or other appropriate person for matters which will involve a significant disruption to Tenant's business (except in emergencies), in an emergency(b) take reasonable steps to minimize any significant disruption to Tenant's business, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements following completion of any governmental unit or authority for which Landlord may be responsible under this Leasework, if any; show the Premises to prospective lenders or purchasers andreturn Tenant's leasehold improvements, during the ninety (90) days immediately prior fixtures, property and equipment to the expiration of this Lease if Tenant declines original locations and condition to renew for an additional term in accordance with the provisions of this Leasefullest extent reasonably possible, and (c) take reasonable steps to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; avoid materially changing the configuration or post (on reducing the Development, but not within or at the entrance square footage of the Premises) for sale , unless required by Laws or for lease signs; provided; howeverother causes beyond Landlord's reasonable control (and in the event of any permanent material reduction, that all such entries the Rent and other rights and obligations of the parties based on the square footage of the Premises shall be completed promptly proportionately reduced). Tenant shall not place partitions, furniture or other obstructions in a good workmanlike manner so as the Premises which may prevent or impair Landlord's access to cause the least practical interference to Tenant’s business Systems and Tenant’s use of Equipment for the Property or the systems and equipment for the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s If Tenant requests that any such access occur before or after Landlord's regular business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference hours and Landlord approves, Tenant shall be liable for any damage to Tenant’s propertypay all overtime and other additional costs in connection therewith.

Appears in 1 contract

Sources: Office Lease (Cutter & Buck Inc)

Access to Premises. The Tenant shall permit the landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Demised Premises. The Landlord or Landlord's agents shall have the right to enter upon the Demised Premises, its agentsto inspect the same, servantsto perform janitorial and cleaning services and to make such decorations, repairs, alterations, improvements or additions to the Demised Premises or the Building as the Landlord may deem necessary or desirable, and the Landlord shall be allowed to take all material into and upon said Demised Premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part and the rent reserved shall in no wise abat▇ (except as provided in Section 10) while said decorations, repairs, alterations, improvements or additions are being made, by reason of loss or interruption of business of the Tenant, or employees may enter the Premises at reasonable times with reasonable advance notice otherwise. If Tenant shall not be personally present to Tenant (or open and permit an authorized employee of Tenant at the entry into said Demised Premises), and at any time, upon when for any reason any entry therein shall be necessary or permissible, the Landlord or Landlord's agents may enter the same by master key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable notice care to Tenant under Tenant's property), and without in any manner affecting the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances obligations and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as herein provided. The Landlord shall also have the right at any time, without the same constituting any actual or constructive eviction and without incurring any liability to the Tenant therefor, to prospective tenantschange the arrangement and/or location of entrances or passageways, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; doors and doorways, and corridors, elevators, stairs, toilets, or post (on the Development, but not within or at the entrance other public parts of the Premises) for sale Building, and to close entrances, doors, corridors, elevators or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premisesother facilities. In all events, The Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion be liable to the extent of the interference and Landlord shall be liable Tenant for any expense, injury, loss or damage to Tenant’s propertyresulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley.

Appears in 1 contract

Sources: Office Lease (Vasco Data Security International Inc)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner’s agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the Premises; comply building or which Owner may elect to perform in the premises after Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with all laws, ordersregulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided, ordinances and requirements of any governmental unit wherever possible, they are within walls or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andotherwise concealed. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines to renew for an additional term in accordance with showing the provisions of this Lease, same to prospective tenantspurchasers or mortgagees of the building, but only if all and during the last six months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon the demised premises the usual notices “To Let” and “For Sale” which notices. Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage property therefrom. Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyobligation hereunder.

Appears in 1 contract

Sources: Loft Lease (American Realty Capital New York Recovery Reit Inc)

Access to Premises. Tenant shall permit Landlord to use and maintain pipes and conduits in and through the demised premises. Landlord and Landlord, its agents, servants, or employees may 's agents shall have the right to enter the Premises demised premises at reasonable times with reasonable advance notice all times, to Tenant (examine the same and to make such repairs, alterations, additions and improvements as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon the demised premises that may be required therefor without the same constituting an authorized employee eviction of Tenant at the Premises)in whole or in part, and at any time, upon reasonable notice to Tenant under the circumstances, in an emergency, to do the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior subject to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this LeaseArticle 11 above, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, reserved shall in no way ▇▇▇▇▇ in proportion while such repairs, alterations, additions or improvements are being made, by reason of inconvenience, annoyance or injury to the extent business of Tenant because of the prosecution of any such work. Landlord agrees to use reasonable efforts to minimize the interference with Tenant's use of the demised premises as resulting from the completion of such repairs, alterations, additions or improvements. Landlord and Landlord's agents are expressly granted permission to inspect the demised premises at any reasonable time and to show the demised premises at any reasonable time to prospective tenants, mortgagees, purchasers, lessees of the Building and other persons with a business interest therein. If Tenant shall not be personally present to open and permit an entry into the demised premises at any time when for any reason an entry shall be necessary or permissible under this lease, Landlord or Landlord's agents may (after attempting to provide reasonable verbal notice to Tenant except in an emergency situation in which event Landlord shall not be required to attempt to provide such notice) enter the same by a master key, or in the event of emergency may forcibly enter the demised premises without rendering Landlord or such agents liable for any damage therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant’s 's property), and without in any manner affecting the obligations, terms, covenants, conditions, provisions or agreements of this lease. Landlord shall have the right to change the name, number and designation by which the Building is commonly known; provided, however, that Landlord shall not be permitted to change Tenant's Sign (as hereinafter defined). Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building or any part thereof, other than as otherwise provided in this lease.

Appears in 1 contract

Sources: Office Lease (Hagler Bailly Inc)

Access to Premises. Section 16.1. (A) Tenant shall permit Landlord, its agentsLandlord’s agents and public utilities servicing the Building to erect, servantsuse and maintain concealed ducts, or employees may enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at pipes and conduits in and through the Premises), and at any time, upon reasonable notice to Tenant under provided the circumstances, in an emergency, to same do the following: inspect the Premises; comply not interfere with all laws, orders, ordinances and requirements of any governmental unit or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers and, during the ninety (90) days immediately prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative of Tenant if so requested by Tenant; or post (on the Development, but not within or at the entrance of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises or decrease the usable area thereof by more than a de minimis amount. Landlord, any Lessor or such party’s agents shall have the right to enter the Premises at all reasonable times upon (except in case of emergency) reasonable prior notice, which notice may be oral, to examine the same, to prior to show the same to prospective purchasers, Mortgagees or lessees of the Building or space therein, and to make such repairs, alterations, improvements or additions (i) as Landlord may deem necessary to the Premises (or as Landlord is otherwise entitled to make under this Lease to the Premises. In all events), or to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable to any other portion of the Building, or (ii) which Landlord may elect to perform at least ten (10) days after notice (except in an emergency when no notice shall be required) following Tenant’s failure to make repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (iii) for the purpose of complying with Requirements, and Landlord shall use commercially reasonable efforts be allowed to minimize interference with take all material into and upon the Premises that may be required therefor without the same constituting an eviction or constructive eviction of Tenant in whole or in part and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property Fixed Rent (and the entry is not needed because any other item of Tenant’s default, negligence or willful misconduct), then Rental) shall in such event the rent and any sums due and payable as additional rents, shall no respect ▇▇▇▇▇ or be reduced by reason of said repairs, alterations, improvements or additions, wherever located, or while the same are being made, by reason of loss or interruption of business of Tenant, or otherwise (except as otherwise expressly set forth in proportion this Lease). Notwithstanding the foregoing, for purposes of showing the Premises to prospective lessees, Landlord shall only be entitled to enter the Premises, (i) during the 12 months immediately prior to the extent Fixed Expiration Date, upon reasonable prior notice (which may be oral), or (ii) at any time after an Event of the interference and Landlord shall be liable for any damage Default under this Lease, without notice to Tenant’s property.

Appears in 1 contract

Sources: Lease Agreement (Ampex Corp /De/)

Access to Premises. Landlord or Landlord's agents shall have the right (but shall not be obligated) to enter the Demised Premises in any emergency at any time, its agentsand, servantsat other reasonable times upon reasonable advance notice to Tenant, to examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to any portion of the Building or which Landlord may elect to perform in the Demised Premises after Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this lease, or employees may for the purpose of complying with laws, regulations and other directions of governmental authorities. Except in emergency cases, Landlord will not enter or access the sixth (6/th/) floor of the Building and/or the mechanical areas servicing the Demised Premises without a representative of Tenant present. Landlord shall perform any work using all reasonable efforts to minimize interference and interruption with Tenant's occupancy and the conduct of its business in the Demised Premises. Tenant shall permit Landlord to use and maintain and replace pipes and conduits in and through the Demised Premises and to erect new pipes and conduits therein provided, that (a) such pipes and conduits are concealed in the walls, floors, columns or ceiling of the executive and administrative portions of the Demised Premises if practical and/or legal, (b) the work is performed at such times and by such methods as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises (c) damage the appearance of the Demised Premises or (d) materially and adversely affect the layout of the Demises Premises. Landlord at its sole cost and expense, shall promptly repair any damage caused by any such work. Landlord may, during the progress of any work in the Demised Premises, take all necessary materials and equipment into the Demised Premises, provided Landlord does not unreasonably interfere with Tenant's use and occupancy of the Demised Premises without the same constituting an actual or constructive eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Landlord shall have the right to enter the Demised Premises at reasonable times with hours upon reasonable advance notice to Tenant (for the purpose of showing the same to prospective purchasers or an authorized employee mortgagees of Tenant at the Premises)Building, and at any time, upon reasonable advance notice to Tenant under during the circumstanceslast six (6) months of the term for the purpose of showing the same to prospective tenants and may, during said six (6) months period, place upon the Building the usual notices "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the Demised Premises, Landlord or Landlord's agents may enter the same by master key or forcibly in an emergencyevent of an emergency only and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Demised Premises without limitation or abatement of rent, or incurring liability to do Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder, except that Tenant shall have no obligations to repair or restore any portion of the following: inspect the Premises; comply with all laws, orders, ordinances and requirements of any governmental unit or authority for Demised Premises which Landlord may be responsible under alters, decorates or renovates. Notwithstanding anything to the contrary contained in Article 13, the Rider hereto or any other provision contained in this Lease, if anyLandlord acknowledges that it shall not have the right to enter into (w) any portion of the Demised Premises designated on Exhibit A as the "Shared Area"; show (x) any other portion of the Demised Premises to prospective lenders designated on Exhibit A as a "Secure Area" or purchasers andhereinafter designated as such by Tenant in writing for any reason whatsoever; (y) the sixth (6/th/) floor or any part of the Demised Premises in which a "data center" is located; and (z) any mechanical areas servicing the Demised Premises (collectively, during the ninety (90) days immediately "Restricted Area"), without the prior to the expiration of this Lease if Tenant declines to renew for an additional term in accordance with the provisions of this Lease, to prospective tenants, but only if all such showings are accompanied by a representative consent of Tenant if so requested by Tenant; or post (on in each instance, except in the Development, but not within or at the entrance case of the Premises) for sale or for lease signs; provided; however, that all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant’s propertyan emergency.

Appears in 1 contract

Sources: Office Lease (Intira Corp)

Access to Premises. Landlord, its agents, servants, Owner or employees may Owner's agents shall have the right (but shall not be obligated) to enter the Premises at reasonable times with reasonable advance notice to Tenant (or an authorized employee of Tenant at the Premises), and demised premises in any emergency at any time, upon and, at other reasonable notice to Tenant under the circumstances, in an emergencytimes, to do examine the following: inspect same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the Premises; comply building on which Owner may elect to perform in the premises after Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with all laws, ordersregulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided, ordinances and requirements of any governmental unit wherever possible, they are within walls or authority for which Landlord may be responsible under this Lease, if any; show the Premises to prospective lenders or purchasers andotherwise concealed. Owner may, during the ninety (90) days immediately prior progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress not to any damages by reason of loss or interruption of business or otherwise. Throughout the expiration term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of this Lease if Tenant declines to renew for an additional term in accordance with showing the provisions of this Lease, same to prospective tenantspurchases or mortgagees of the building, but only if all and during the last six months of the term for the purpose of showing the same to prospective tenants and may, during said six months period, place upon the premises the usual notices "To Let" and "For Sale" which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the premises, Owner or Owner's agents may enter the same whenever such showings are accompanied entry may be necessary or permissible by a representative master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant if so requested by Tenant; or post (on hereunder be affected. If during the Development, but not within or at the entrance last month of the Premises) for sale term Tenant shall have removed all or for lease signs; provided; however, that substantially all such entries shall be completed promptly in a good workmanlike manner so as to cause the least practical interference to Tenant’s business and Tenant’s use of the Premises. In all events, Landlord shall use commercially reasonable efforts to minimize interference with the Premises and Tenant’s business operations thereon. If Landlord’s entry materially and substantially interferes with the conduct of Tenant’s business and/or cause damage 's property therefrom. Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant’s property (and the entry is not needed because of Tenant’s default, negligence or willful misconduct), then in such event the rent and any sums due and payable as additional rents, shall ▇▇▇▇▇ in proportion to the extent of the interference and Landlord shall be liable Tenant for any damage to compensation and such act shall have no effect on this lease or Tenant’s property's obligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Logimetrics Inc)