Early Access Clause Samples
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Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condit...
Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of constructing Subtenant Improvements (defined in Section 14.2 below), installation of Subtenant’s personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. All of the rights and obligations of the parties under this Sublease (other than Subtenant's obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges pursuant to the Master Lease, Subtenant’s obligation to carry insurance pursuant to the Master Lease, and Subtenant’s indemnification obligations, and/or liability for damages, reasonable costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the terms of this Sublease) shall commence upon the Early Access Date, and Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be liable for any damages to the Subleased Premises caused by Subtenant’s activities at the Subleased Premises from and after the Early Access Date and, prior to entering the Subleased Premises, Subtenant shall obtain all insurance it is required to obtain hereunder and shall provide certificates of such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, and such entry shall be made in compliance with all terms and conditions of this Sublease, the Master Lease and the rules and regulations attached to the Master Lease.
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Early Access. Tenant shall be permitted access (“Early Access”) to at least fifteen percent (15%) of the Premises before July 1, 2017 (“Early Access Date”), as such date may be extended as a result of any Force Majeure Delays or Tenant Delays (provided, that, except for Force Majeure attributable to a regional-wide catastrophic event, the aggregate of all Force Majeure Delays shall not be in excess of thirty (30) days), for the purpose of installation of its furniture, fixtures and equipment, inventory relocation and testing of equipment (“Tenant’s Work”). The Tenant’s Work shall not include the Tenant Improvements. Prior to beginning Tenant’s Work, Tenant shall submit to Landlord: (i) such information as may be reasonably requested by Landlord regarding the nature and location of the Tenant’s Work; and (ii) the names of the separate contractors who will provide and install Tenant’s Work (the “Tenant’s Contractors”). Tenant shall not commence actual construction within the Premises until Tenant and Tenant’s Contractors have submitted to Landlord the insurance required by Landlord. All Tenant’s Work shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used. The Tenant’s Work performed by Tenant’s Contractors shall be allowed only (a) to the extent permitted by the applicable Governmental Authorities, including, but not limited to, the issuance of a temporary certificate of occupancy authorizing Tenant to do so if required by the City, provided that the issuance of such certificate by the Early Access Date shall not be the obligation of Landlord, (b) comply with the reasonable and non-discretionary safety requirements of the General Contractor, (c) comply with all Legal Requirements, and (d) comply with the requirements of Article XII hereof. Tenant shall permit Landlord to observe all construction operations within the Premises. No silence or statement by Landlord or any Landlord representative shall be deemed or construed as an assumption by Landlord or any Landlord representative of any responsibility for or in relation to the construction of the Tenant’s Work or any guarantee that the Tenant’s Work completed within the Premises complies with laws, is suitable or acceptable to Tenant for Tenant’s intended business purposes or complies with the terms of this Lease. Tenant’s use and occupancy of the Land during the Early Access Period shall (1) be done in a manner as to not render Landlord’s or General Contractor’s insur...
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. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises up to sixty (60) days prior to the Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing...
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. 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. Prior to the Lease Commencement Date, Landlord shall allow Tenant early access to the Premises. The purpose of Tenant’s early access is for Tenant to do its space planning, complete installation of Tenant’s equipment, and construct improvements to the Premises (subject to the terms of this Lease). If Tenant enters the Premises prior to the Commencement Date, Tenant’s access to the Premises shall be subject to all of the provisions of this Lease, including providing evidence of all insurance coverage required by this Lease. Tenant shall provide similar coverage for any and all of Tenant’s vendors and/or contractors. However, early access of the Premises shall not advance the expiration date of this Lease. Further, Tenant shall neither pay Base Rent nor Additional Rent during the early access period. In the event improvements are complete in a portion of the Premises and a temporary occupancy permit can be obtained, Tenant shall be permitted to use such space for the permitted uses herein without Base Rent commencing, but Tenant shall be responsible for such pro-rata share of Additional Rent. During the early access period, Landlord’s representatives shall retain complete control of the job site. Tenant’s early access shall not interfere with or delay the Landlord’s work.
Early Access. If and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter (i) the warehouse portion of the Leased Premises for sixty (60) days prior to the scheduled date for Substantial Completion of such space in order to install fixtures (such as racking) and otherwise prepare the warehouse portion of the Leased Premises for occupancy (which right shall expressly exclude making any structural modifications) per Exhibit “▇-▇” attached hereto and (ii) the Office Space for thirty (30) days prior to the scheduled date for Substantial Completion of such space in order to install fixtures and furnishings and otherwise prepare the Office Space for occupancy. During any entry prior to the Commencement Date (i) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay any rent, (ii) Tenant shall not unreasonably interfere with Landlord’s completion of the Work, (iii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s jobsite rules of conduct attached hereto as Exhibit “H”, and (iv) Tenant shall not begin operation of its business. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections (e.g., racking permits and fire inspections) relating to any such entry by Tenant.