general office use).
ARTICLE 23
ENTRY BY LANDLORD
23.1
ENTRY BY LANDLORD.
SUBJECT TO THE TERMS OF SECTION 23.2 BELOW,
LANDLORD RESERVES THE RIGHT AT ALL REASONABLE TIMES AND UPON AT LEAST 48 HOURS'
ADVANCE WRITTEN NOTICE TO TENANT (EXCEPT NO SUCH
52
NOTICE SHALL BE REQUIRED IN EMERGENCIES) TO ENTER THE PREMISES TO:
(I) INSPECT
THEM; (II) SHOW THE PREMISES TO PROSPECTIVE PURCHASERS, OR MORTGAGEES, OR TO THE
GROUND OR UNDERLYING LESSORS AND, DURING THE LAST YEAR OF THE LEASE TERM, TO
PROSPECTIVE TENANTS; (III) POST REASONABLE AND CUSTOMARY NOTICES OF
NONRESPONSIBILITY; AND/OR (IV) ALTER, IMPROVE OR REPAIR THE PREMISES OR THE
BUILDING IF NECESSARY TO COMPLY WITH CURRENT BUILDING CODES OR OTHER APPLICABLE
LAWS, OR FOR STRUCTURAL ALTERATIONS, REPAIRS OR IMPROVEMENTS TO THE BUILDING
WHICH LANDLORD IS REQUIRED TO PERFORM UNDER THIS LEASE.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS ARTICLE 23, BUT SUBJECT TO
SECTION 23.2 BELOW, LANDLORD MAY ENTER THE PREMISES AT ANY TIME TO:
(A) PERFORM
REGULARLY SCHEDULED SERVICES REQUIRED OF LANDLORD; AND (B) SUBJECT TO ALL
APPLICABLE TERMS AND PROVISIONS OF THIS LEASE, PERFORM ANY COVENANTS OF TENANT
WHICH TENANT FAILS TO PERFORM.
ANY SUCH ENTRIES SHALL BE WITHOUT THE ABATEMENT
OF RENT (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.5 ABOVE) AND SHALL INCLUDE
THE RIGHT TO TAKE SUCH REASONABLE STEPS AS REQUIRED TO ACCOMPLISH THE STATED
PURPOSES.
SUBJECT TO LANDLORD'S INDEMNITY OF TENANT IN SECTION 10.1.2 ABOVE,
TENANT HEREBY WAIVES ANY CLAIMS FOR DAMAGES OR FOR ANY INJURIES OR INCONVENIENCE
TO OR INTERFERENCE WITH TENANT'S BUSINESS, LOST PROFITS, ANY LOSS OF OCCUPANCY
OR QUIET ENJOYMENT OF THE PREMISES, AND ANY OTHER LOSS OCCASIONED THEREBY.
FOR
EACH OF THE ABOVE PURPOSES, LANDLORD SHALL AT ALL TIMES HAVE A KEY WITH WHICH TO
UNLOCK ALL THE DOORS IN THE PREMISES, EXCLUDING TENANT'S VAULTS, SAFES AND
SPECIAL SECURITY AREAS DESIGNATED IN ADVANCE BY TENANT.
IN AN EMERGENCY,
LANDLORD SHALL HAVE THE RIGHT TO USE ANY MEANS THAT LANDLORD MAY DEEM PROPER TO
OPEN THE DOORS IN AND TO THE PREMISES.
ANY ENTRY INTO THE PREMISES IN THE
MANNER HEREINBEFORE DESCRIBED SHALL NOT BE DEEMED TO BE A FORCIBLE OR UNLAWFUL
ENTRY INTO, OR A DETAINER OF, THE PREMISES, OR AN ACTUAL OR CONSTRUCTIVE
EVICTION OF TENANT FROM ANY PORTION OF THE PREMISES.
23.2
SECURED AREAS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH
ABOVE, TENANT MAY DESIGNATE CERTAIN AREAS OF THE PREMISES AS "SECURED AREAS"
SHOULD TENANT REQUIRE SUCH AREAS FOR THE PURPOSE OF SECURING CERTAIN VALUABLE
PROPERTY OR CONFIDENTIAL INFORMATION.
LANDLORD MAY NOT ENTER SUCH SECURED AREAS
EXCEPT IN THE CASE OF EMERGENCY OR TO COMPLY WITH LANDLORD'S OBLIGATIONS UNDER
THIS LEASE, OR IN THE EVENT OF A LANDLORD INSPECTION, IN WHICH CASE LANDLORD
SHALL PROVIDE TENANT WITH TWO (2) BUSINESS DAYS' PRIOR WRITTEN NOTICE OF THE
SPECIFIC DATE AND TIME OF SUCH LANDLORD INSPECTION.
23.3
LANDLORD'S COVENANTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET
FORTH ABOVE IN THIS ARTICLE 23, LANDLORD AGREES TO (I) USE COMMERCIALLY
REASONABLE EFFORTS TO MINIMIZE INTERFERENCE WITH TENANT'S PERMITTED