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8.1. SR 03-21-2016
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8.1. SR 03-21-2016
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ARTICLE 17 <br />LANDLORD'S ACCESS <br />17.1 Entry After Notice. Tenant agrees to permit Landlord to enter upon and inspect <br />the Premises at reasonable times during ordinary business hours, and upon not less than two <br />business days' prior notice. The aforesaid prior notice and time of entry shall not apply in the <br />event that, in Landlord's reasonable determination, an emergency condition exists at the <br />Premises which threatens immediately to create personal injury, criminal violation of law, or <br />property damage. Landlord may retain a set of keys for its use in entering into the Building in <br />the event of an emergency condition at the Premises. In all cases, the provisions of Section 17.3 <br />shall apply. <br />17.2 Exhibiting the Premises. Landlord is hereby also given the right at reasonable <br />times during ordinary business hours, and upon prior notice of not less than one (1) business day, <br />to enter upon the Premises and to exhibit the same for the purpose of mortgaging, reletting <br />(during the last 12 months of the Term) or selling the same. <br />17.3 Accompanied by Tenant. In exercising its rights hereunder, Landlord shall refrain <br />from any acts which may materially and unreasonably interfere with Tenant's use or occupancy <br />of the Premises. Without limiting the generality of the foregoing, Landlord acknowledges that it <br />is necessary for Tenant to control access to the Premises in order to avoid unauthorized persons <br />from viewing Tenant's trade secrets, proprietary products, technology and/or processes. <br />Accordingly, except under emergency conditions while within the Premises, Landlord and its <br />representatives shall at all times be accompanied by a representative of Tenant, if Tenant makes <br />such representative available and shall comply with reasonable directions of such representative <br />relative to safety, security and protection of Tenant's trade secrets and other proprietary <br />information. <br />17.4 Vacant Premises. The requirements set forth in this Article 17 that Landlord <br />notify Tenant in advance of its intentions to enter upon the Premises and, after such notification, <br />to enter upon the Premises only during ordinary business hours, shall not apply if Tenant has <br />vacated or abandoned the entire Premises leased by Tenant. <br />17.5 Right of Examination of Records. Upon reasonable request and with reasonable <br />written notice to Tenant, Landlord or Mortgagee shall have the right to examine Tenant's books <br />and records relating to the use, ownership (or former ownership) and/or operation and <br />management of the Premises. Such examination shall not unreasonably disturb Tenant's <br />operations in the Premises and shall include, without limitation, review of all building plans and <br />specifications, construction drawings (including site, architectural, structural, HVAC, plumbing <br />and electrical), general contractor disbursement request packages and schedule of values for all <br />trades, owner purchased items to be capitalized, fees, permit costs, and depreciation schedules, <br />all to the extent in Tenant's possession. <br />17.6 Tenant's Financial Statements. Tenant will provide Landlord a copy of Tenant's <br />annual financial statements for the immediately preceding year within thirty (30) days following <br />Landlord's request. If Tenant has otherwise had audited financial statements prepared for the <br />year in question, Landlord will be provided with a copy of the audited financial statements; <br />
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