Early Access Clause Samples
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Early Access. Sublessor will allow Sublessee access to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Date.
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so as not to delay the completion of Landlord’s Work.
Early Access. (i) Subject to receipt of Master Landlord’s Consent, Subtenant shall have early access to the portion of the Subleased Premises consisting of approximately 9,789 rentable square feet as shown on Exhibit D hereto and identified therein as “Initial ConforMIS Space” (the “Early Access Area”) for the period commencing on June 15, 2012, or such earlier date as Sublandlord may determine in its sole discretion (the “Early Access Date”) until the Sublease Commencement Date (the “Early Access Period”), for the purposes of installing its telecommunications equipment, validating business equipment and operating any such validated equipment in support of Subtenant’s standard business operations (the “Early Access Work”). All Early Access Work shall be performed in accordance with the terms of the Master Lease, including but not limited to Section 6 thereof. In the event of a conflict between the terms and conditions of the Master Lease and the terms and conditions of this Section 2(d), the Master Lease shall control.
(ii) Subtenant’s early access rights granted herein shall be subject to all the terms and conditions of this Sublease, including without limitation all insurance and maintenance obligations, except that no Base Rent or Additional Rent under Section 4(d) herein will be charged to Subtenant during the Early Access Period. Notwithstanding the foregoing, Subtenant will be responsible for paying the Estimated Electricity Usage Charge during the Early Access Period based only on the 1st floor portion of the Early Access Area, as provided for in Section 5(a) below.
(iii) Prior to the Early Access Date, Sublandlord will, at its sole cost and expense, construct such demising partitions as may be necessary in Sublandlord’s sole discretion to separate the Early Access Area from the remainder of the Subleased Premises. Sublandlord shall remove such demising partitions at Sublandlord’s expense at the end of the Early Access Period and repair any damage caused by the removal of the partitions and restore to its previous condition.
(iv) Subtenant agrees that (i) it will use commercially reasonable efforts to not interfere with Sublandlord’s use of or access to the remainder of the Subleased Premises during the Early Access Period, (ii) Subtenant and its contractors shall conduct the Early Access Work in a manner that shall minimize disruption and inconvenience to other tenants and occupants of the Building, and (iii) Sublandlord’s representative shall have the right to ...
Early Access. Provided that the Delivery Conditions are satisfied, Subtenant shall be permitted to enter the Subleased Premises upon receipt of the Master Landlord Consent following mutual execution of this Sublease (the “Early Access Date”) for the sole purpose of installing furniture, fixtures and equipment (including data and telephone lines and equipment) therein and otherwise readying the Subleased Premises for Subtenant’s occupancy, provided that Subtenant’s work in the Subleased Premises prior to the Commencement Date shall comply with the requirements of Section 9 below. Subtenant’s occupancy of the Subleased Premises before the Commencement Date shall be subject to all of the terms, covenants and conditions of this Sublease, including Subtenant’s indemnity obligations set forth in Section 12 below, except that Sublandlord agrees that Subtenant’s obligation to pay Base Rent and Additional Rent shall be waived. Subtenant shall, however, pay the cost of all utilities and other services provided to the Subleased Premises prior to the Commencement Date that are required solely by reason of Subtenant’s early occupancy.
Early Access. Red Hat may make certain pre-release versions (e.g. beta versions) of Red Hat Products available to all participants under this Program to allow Partner to prepare to integrate and support such versions if and when they become generally available to Red Hat’s customers. Additionally, Red Hat may, at its sole discretion, work with one or more partners regarding certain Red Hat Products and/or technology components on possible technology directions, areas of integration and/or potential product features. Such collaboration may result in on-line seminars, public promotions, references, launch activities and/or other marketing activities as listed in the Program Guide.
Early Access. 9.1 The Lessee must deliver the following items to the Lessor:
a) certificate of currency for a public liability insurance policy (that is reasonably acceptable to the Lessor and notes the Lessor’s interests as an interested party) for not less than $5,000,000.00 with respect of each occurrence against legal liability for loss or destruction of property arising out of or in connection with the carrying out of the Lessee Fit Out Works;
b) certificate of currency for a contract works policy (in a sum sufficient to cover the full reinstatement cost, including demolition, removal of debris and consultant’s fees) in respect of the Lessee Fit Out Works, including design costs and good and materials on site; and
c) a copy of the building consent for the Lessee Fit Out Works (if applicable).
9.2 Upon execution of this Agreement, the Lessor will allow the Lessee and the Lessee’s contractors to have access to the Premises in order to prepare the plans and documents necessary to obtain approval from the Relevant Authority and the Lessor for the Lessee Fit Out Works.
9.3 On and from the Access Date, the Lessor will allow the Lessee and the Lessee’s contractors to have access to the Premises during the Fit Out Period to carry out and complete the Lessee Fit Out Works, subject to the terms of this Agreement and in particular to the Lessee having first complied with clause 9.1.
9.4 The Lessee will occupy the Premises during the Fit Out Period as a licensee, and must comply with the Lessor’s reasonable directions.
9.5 The Lessor must use reasonable endeavours to ensure that the adequate services in the nature of utilities are made available to the Lessee to enable the Lessee to carry out and complete the Lessee Fit Out Works.
9.6 The Lessee must pay all the costs for the provision of such services to the Premises within 7 days of demand for payment being made by the Lessor.
Early Access. Lessor shall, subject to the following terms and conditions, permit Lessee, and Lessee's agents, to enter the Premises during the seventy-five (85) day period prior to the Estimated Commencement Date:
(a) Lessee shall give Lessor reasonable prior written notice of such access to the Premises, which notice must contain or be accompanied by: (i) a description and schedule for the work to be performed in the Premises; (ii) the names and addresses of all contractors performing such work; (iii) copies of all contracts pertaining to the performance of such work; (iv) copies of all licenses and permits required in connection with the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claims, costs, expenses, damages, suits,
(b) Such early access is subject to reasonable scheduling by Lessor.
(c) Lessee's agents, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas of the Building, and in the general operation of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee.
(d) In the event that Lessor's work in the Premises and Lessee's work in the Premises (pursuant to the permission granted herein) progress simultaneously, Lessor shall not be liable for injury to any person or for damage to any property of Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or materials furnished or obligations incurred by or for Lessee. Lessee will discharge any such lien of record immediately upon its filing.
(e) Lessee agrees that it is liable to Lessor for any damage to the Premises or to any portion of the work in the Premises caused by Lessee or any of Lessee's employees, agents, licensees, or invitees.
Early Access. Landlord will grant Tenant early access to the Premises for the purposes of wiring for data and phones, and for any work necessary for the set up and activation of Security Systems, all the foregoing to be at Tenant’s sole cost and expense, unless otherwise stated herein.
Early Access. Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the Premises consisting of approximately 30,562 rentable square feet as shown on the Exhibit A-1 attached to the Second Amendment to Lease (“Early Access Premises”) prior to the Commencement Date for Tenant to use the Early Access Premises for staging in connection with ▇▇▇▇▇▇’s construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises prior to the Commencement Date shall be subject to all of the terms and obligations of the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access Premises shall be $42,786.80 per month (based on $1.40 per rentable square foot of the Early Access Premises) pro-rated on a per diem basis, and “Tenant’s Share” of “Operating Expenses” (as defined in Exhibit B attached to the Lease) for the Early Access Premises shall be “fixed” at the amount of $7,640.50 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date of the Lease unless Tenant commences its regular business activities therefrom.”
Early Access. Tenant shall be allowed early access and occupancy of the Premises from September 1, 2000 until the Commencement Date ("Early Access Period") for the purpose of constructing Tenant Improvements and otherwise preparing for its occupancy. Tenant shall be subject to all the terms and conditions of the Lease during the Early Access Period except that no Base Monthly Rent or other expenses shall be due or payable.