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.
Appears in 2 contracts
Sources: Sublease (Gossamer Bio, Inc.), Sublease (Gossamer Bio, Inc.)
Early Access. Sublessor will Landlord shall allow Sublessee Tenant early access to the Remainder Space Premises approximately forty five (except 45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for Suite 150) from any and after all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the Vivarium Commencement Date and continuing through date that Landlord delivers written notice of the Expansion commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date, . The purpose of Tenant’s early access is only for Tenant to install racking and will allow Sublessee other improvements and for no other purpose. Tenant’s early access to Suite 150 from the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and after November 1Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, 2018 Landlord shall have the right to immediately terminate Tenant’s early access rights 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 time lost due to such items interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the extent required by Commencement Date. Tenant shall access the Master Lease or this Sublease)Premises during the period of early access at Tenant’s sole risk. Sublessee Landlord shall not be obligated liable for any destruction, theft, vandalism or any other damage to pay any Base Rent personal property placed, kept or Operating Expenses stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Remainder Space during Permitted Uses. The early access period shall end upon the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as occurrence 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 Commencement Date defined 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 DateSection 1.04.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Early Access. Sublessor will allow Sublessee 5.3.1 If Tenant elects to use Landlord’s Contractor to construct the Tenant Improvements, Tenant and its authorized agents, employees and contractors shall, at all reasonable times during the thirty (30) day period prior to the Turnover Date for each floor as set forth in Article 5.1.2, have the right, at Tenant’s and Tenant’s agents’, employees’ and contractors’ own risk, expense and responsibility, to have access to such floor or space solely for the Remainder Space (except purpose of preparing such floor for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Tenant’s Open for Business Date, subject to all applicable laws, ordinances, regulations, covenants and will allow Sublessee access to Suite 150 restrictions from any governmental authorities, 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 in so doing Tenant shall not unreasonably interfere with or delay the Base Building Work or Tenant Improvements to be obligated to pay performed by Landlord’s Contractor within such phase or floor or within any Base Rent or Operating Expenses for other floors within the Remainder Space during the Early Access PeriodBuilding. In connection with Tenant’s early access rights, 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 Landlord covenants 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 agrees to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding Tenant and its authorized agents, employees and contractors with access (i) within the foregoingBuilding through such Building Commons Areas, 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 hallways, loading docks and elevators within the Building as are reasonably necessary to provide proof gain access to and from any floor delivered to Tenant pursuant to this Article 5 and (ii) to and from the Building over and across the Project Common Areas to any and all public rights of insuranceway sufficient for Tenant to construct the Demised Premises, such access rights being granted for the purposes of allowing Tenant to (A) complete construction of the Tenant Improvements, if applicable, (B) prepare to begin its beneficial interest in the Demised Premises, i.e., to open for business, and (C) obtain necessary temporary or Force Majeure eventspermanent certificates of occupancy. Subject to the waivers of subrogation set forth in Article 17, if, upon Tenant’s use of any such Building Common Areas or Project Common Areas, such Building Common Areas or Project Common Areas are damaged in any way by Tenant or its authorized agents, employees or contractors, Tenant shall be responsible for and diligently repair any such damage as soon as practical.
5.3.2 If Tenant or its authorized agents, employees and contractors is granted access to any portion of the Building prior to the Turnover Date in accordance with this Article 5.3, Tenant and its authorized agents, employees and contractors shall each abide by the terms and conditions of this Lease, provided that upon any such access by the Tenant or its agents, employees or contractors, then (a) Tenant shall have no obligation to pay the Rent or any portion thereof until it becomes due in accordance with Article 6 and (b) this Lease shall not be deemed to have commenced as Sublessee’s sole remedy, Sublessee shall receive one (1) day a result of Base Rent abatement such access for each day after purposes of calculating 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 DateLease Term.
Appears in 2 contracts
Sources: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)
Early Access. Sublessor will allow Sublessee 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 Remainder Space 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 Suite 150) from and after any period prior to 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”b) 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 Tenant shall not be obligated deemed thereby to pay any Base Rent have taken 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 accepted possession of the first day Sublessee accesses the Remainder SpacePremises or any portion thereof. 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 If Tenant fails or refuses to comply or cause its contractors to comply with any of the Remainder Space each party has 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 to use in relation of access 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) Premises 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.
Appears in 2 contracts
Sources: Office Lease (Celator Pharmaceuticals Inc), Office Lease (Celator Pharmaceuticals Inc)
Early Access. Sublessor will allow Sublessee 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 Remainder Space Premises on the latest to occur of (except for Suite 150i) from the first (1st) Business Day following the date of mutual execution and after delivery of this Lease, (ii) the Vivarium Commencement 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 continuing continue through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through date immediately preceding the Expansion 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 performing installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any initial improvements loss or damage thereto from any cause whatsoever. Such early access 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 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 by the Master under this Lease. The provisions of Sections 8(a) and 11 of this Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space apply in full during the Early Access Period, but will be responsible for and Tenant shall (x) provide certificates of insurance evidencing the payment existence and amounts of utilities for liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Remainder Space commencing as Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the first day Sublessee accesses Premises in the Remainder Space. Utility costs for condition required under this Lease and/or to complete the Remainder Space Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access 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 Dateany liability.
Appears in 2 contracts
Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Early Access. Sublessor will Landlord shall allow Sublessee Tenant early access to the Remainder Space Premises approximately but no less than three (except for Suite 1503) from months prior to the Target Delivery Date subject to Force Majeure 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 Tenant Delays (“Early Access”), provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has deposited with Landlord both Installments of the Security Deposit pursuant to Section 1.07; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder. Tenant shall also provide evidence to Landlord of similar insurance coverage for any and all of Tenant’s vendors and/or contractors. The purpose of Tenant’s Early Access Period”) is solely for the sole purpose of performing any initial improvements and installation of furnitureTenant’s equipment, fixtures, equipment or other leasehold improvements including but not limited to telephonesto, computer wiring installation of racking, IT cabling and networking cable (provided that Sublessee will obtain equipment, diesel generator, radio frequency network, wired guidance system, security system, wide area network connection and similar equipment; provided, however, the prior consent listing of Lessor and Sublessor to such items to the extent required by the Master Lease or equipment in this Sublease). Sublessee Section shall not be obligated deemed or construed as Landlord’s approval of the same, and such approval shall be subject to pay the provisions and conditions set forth elsewhere in this Lease. During the last thirty (30) days of the Early Access period, Tenant may begin storing product in the Building, provided that such storage does not interfere with the timely Substantial Completion and is in compliance with any Base Rent requirements of any governmental agency with jurisdiction over the Premises; provided, further, nothing contained herein shall be deemed or Operating Expenses construed as allowing Tenant to use and occupy the Premises for the Remainder Space conduct of its business during the Early Access. Tenant’s Early Access to the Premises shall be subject to all of the provisions of this Lease except for the payment of monthly Rent. However, Early Access of the Premises shall not advance the expiration date of this Lease. Landlord and Tenant shall use commercially reasonable efforts to coordinate with each other during the Early Access Periodto minimize interference with the other’s activities. Notwithstanding anything to the contrary in this Lease, but will be responsible for Tenant shall ensure that Tenant’s Early Access does not unreasonably interfere with the payment work of utilities for Landlord or its contractors and in the Remainder Space commencing as event of any interference which threatens to delay Substantial Completion of the first day Sublessee accesses Landlord Improvements to the Remainder Space. Utility costs for Premises, Landlord shall notify Tenant of such interfering activities, and if such interference is not ceased within twenty-four (24) hours of such notice, such interference shall be deemed a “Tenant Delay.” Any materials of Tenant or Tenant’s agents, employees, contractors, licensees or invitees (collectively, “Tenant Parties” and individually, a “Tenant Party”) stored in the Remainder Space Premises during such Early Access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises during the Early Access Period will period. Tenant shall access the Premises during the period of Early Access at Tenant’s sole risk. Landlord shall not be pro-rated between Sublessee and Sublessor based liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any Early Access period. The Early Access period shall end upon the approximate rentable area occurrence of the Remainder Space each party has the right to use in relation to the total rentable area Commencement Date, at which time Tenant shall have possession of the Remainder SpacePremises for the Permitted Use subject to, as reasonably determined by Sublessorand in accordance with, the provisions of this Lease, twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year during the Term of this Lease. Sublessee will Tenant may not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements operate out of the Sublease Premises until Tenant has obtained any applicable to the Remainder Space (but failure to provide proof business licenses and a temporary or permanent certificate of insurance will not affect Sublesseeoccupancy permitting Tenant’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery use 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 Premises for the first (1st) month after the Expansion Commencement DatePermitted Use; Landlord shall, at no cost or expense to Landlord, use commercially reasonable efforts to assist Tenant in connection with Tenant’s efforts to obtain such certificate of occupancy.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space (except for Suite 150) following provisions of this Section 3.3, Tenant shall have the right to enter the Premises from and after the Vivarium Commencement Effective Date solely for purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and continuing through special equipments (but not to operate Tenant’s business), and such early entry for such purposes shall not constitute occupancy for operation of Tenant’s business and shall not trigger the Expansion Lease Commencement Date. Tenant agrees (a) any such early entry by Tenant shall be at Tenant’s sole risk, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”b) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment Tenant shall not unreasonably interfere with Landlord or other leasehold improvements including but not limited to telephonestenants in the Building or the Building Park, computer wiring (c) Tenant shall comply with and networking cable (provided that Sublessee will obtain the prior consent be bound by all provisions of Lessor and Sublessor to such items to the extent required by the Master this 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 period of any such early entry except for the payment of utilities Base Rent and Tenant’s Pro Rata Share of Operating Expenses, (d) prior to entry upon the Premises by Tenant and subject to Section 13.4, Tenant agrees to pay for and provide to Landlord certificates evidencing the Remainder Space commencing existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (e) Tenant and its agents and contractors agree to comply with all Laws (as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space defined below) required to perform its work during the Early Access Period will be pro-rated between Sublessee early entry on the Premises, and Sublessor based upon (f) Tenant agrees to indemnify, protect, defend (with counsel selected by Landlord) and save the approximate rentable area Indemnitees (as defined below) and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes 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 action 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 claims (including, without limitation, failure to provide proof of insuranceattorneys’ fees and legal costs) or Force Majeure events(collectively, then as Sublessee’s sole remedy, Sublessee shall receive one (1“Claims”) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery arising out of the Remainder Spaceearly entry, which abatement shall be applied use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors, except to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateextent such Claims arise out Landlord’s gross negligence or willful misconduct.
Appears in 1 contract
Sources: Lease Agreement (Smart Move, Inc.)
Early Access. Sublessor will allow Sublessee Subject to receipt of the Master Landlord’s consent referred to in Section 3 below, during the fifteen (15) day period prior to the date Sublandlord delivers exclusive possession of the Sublease Premises to Subtenant, Subtenant shall be allowed non-exclusive access to the Remainder Space Sublease Premises. During such period, Subtenant shall comply with all of the applicable terms of this Sublease (except including without limitation, Subtenant’s insurance and indemnity obligations, but specifically excluding Subtenant’s obligation to pay Base Rent and Additional Rent). Prior to accessing the Sublease Premises and as a condition precedent to Sublandlord’s grant of access, Subtenant shall have delivered to Sublandlord Base Rent and estimated Operating Expenses for Suite 150) from and after the Vivarium Commencement Date and continuing through second month following the Expansion Rent Commencement Date, the Security Deposit required pursuant to this Sublease and will allow Sublessee provide to Sublandlord evidence of the insurance required pursuant to this Sublease and the Master Lease. Such early access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) shall be for the sole purpose of performing any initial improvements and installation of installing furniture, fixturesfixtures and equipment and for the construction of Subtenant’s improvements or “fit-up.” If Subtenant begins operation of its business within the Sublease Premises prior to June 1, equipment or other leasehold improvements including but not limited to telephones2017, computer wiring the Commencement Date and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items Rent Commencement Date shall be accelerated to the extent required by date that Subtenant begins operation of its business. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (and has not elected to recapture the Master Lease or this Sublease). Sublessee shall not be obligated Sublease Premises) and still Sublandlord fails 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 deliver exclusive possession of the Sublease applicable Premises 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 Subtenant on or before November 1June 15, 2018 (the “Outside Date”)2017, which date then, in addition to Subtenant’s rent abatement rights under Section 2.2 above, Subtenant shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure entitled to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) additional day of abated Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders that Sublandlord’s delivery of exclusive possession of the Remainder SpaceSublease Premises to Subtenant is delayed beyond June 15, 2017. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (and has not elected to recapture the Sublease Premises) and still Sublandlord fails to deliver exclusive possession of the Sublease Premises to Subtenant on or before July 1, 2017, then, Subtenant may terminate this Sublease at any time after July 1, 2017 and before August 1, 2017 by giving Sublandlord ten (10) days prior written notice to terminate, in which abatement case this Sublease shall be applied to terminate on the monthly Base Rent otherwise payable for day following the first (1st) month after the Expansion Commencement Date.last day of
Appears in 1 contract
Sources: Sublease (Mobileiron, Inc.)
Early Access. Sublessor will allow Sublessee Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall have reasonable 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 Demised Premises (“Early Access PeriodAccess”) for during the sole purpose period from the date hereof until the Commencement Date of performing any initial improvements the Lease to install (i) telecommunications equipment, including without limitation, cabinets, electronic equipment, cabling, wiring, computers and installation of telephone systems and (ii) improvements, furniture, fixtures, equipment and other personal property; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or other leasehold improvements including but not limited to telephonesunreasonably delay completion of Landlord’s work (as set forth in Section 33 of the Lease) in the Demised Premises, computer wiring and networking cable (provided that Sublessee will obtain Tenant first provides Landlord with a certificate of insurance as required under the prior consent of Lessor and Sublessor to such items Lease. Tenant's Early Access to the extent required by Demised Premises shall be subject to all of the Master Lease or this Sublease). Sublessee terms and obligations of the Lease, including the insurance and indemnity provisions, except that Tenant shall not be obligated required to pay any Base Fixed Annual Rent, Fixed Monthly Rent or Operating Expenses for the Remainder Space Additional Rent during the Early Access. Tenant and its contractors shall coordinate all activities with Landlord in advance and shall comply with Landlord’s instructions and directions so that Tenant’s Early Access Perioddoes not interfere with or delay any work to be performed by Landlord. It is understood and agreed, but will be responsible for that Tenant shall have no right to commence business operations (it being agreed the payment above-described activities by Tenant do not constitute a commencement of utilities for the Remainder Space commencing as business operations or occupancy 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 Demised Premises) in or from any portion of the Remainder Space each party has the right to use in relation Demised Premises prior 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..
Appears in 1 contract
Sources: Lease Agreement (Cogent Communications Holdings, Inc.)
Early Access. Sublessor Provided the LESSEE is not in any material default hereunder after any notice and grace periods, and the LESSEE does not interfere with the rights of other tenants or the LESSOR’S Work or the Tenant Improvements, the LESSEE will allow Sublessee be allowed, upon reasonable notice to LESSOR, reasonable access to the Remainder Space Expansion Premises seven (except for Suite 1507) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access days prior to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date to permit LESSEE to prepare the Expansion Premises for its use and occupancy (“Early Access Period”) but not to conduct business therein), including without limitation installing wiring and cabling, furniture and equipment. During such access, LESSEE shall be bound by all of the obligations of the LESSEE under the Lease Agreement, as amended, including any and all insurance requirements, but, provided that said access is solely for the sole purpose of performing any initial improvements preparing the Expansion Premises for LESSEE’S use and installation occupancy, including without limitation installing wiring and cabling, furniture and equipment, excluding the payment of furniturebase rent and LESSEE’S proportionate share of real estate taxes and operating costs during the above-mentioned early access period. Notwithstanding the above, fixturesexcept for LESSOR’S Work, equipment or other leasehold improvements LESSEE accepts the Expansion Premises and the entire Leased Premises in its current “AS IS” condition and acknowledges that the Initial Premises are currently occupied by the LESSEE and that the Initial Premises, as delivered and currently constituted, is suitable for the LESSEE’S intended use. LESSEE acknowledges that all work, if any, contemplated in the Lease Agreement including but not limited to telephonesthe Exhibit B thereto, computer wiring to be performed by the LESSOR has been completed to the full satisfaction of the LESSEE. The Parties acknowledge that the Initial Lease Agreement, First Amendment and networking cable (provided this Second Amendment represent the entire agreement between the Parties and that Sublessee will obtain no other modification, written or otherwise, exists between the prior consent Parties. The normal rule of Lessor construction that any ambiguities be resolved against the drafting party shall not apply to the interpretation of the Initial Lease Agreement, First Amendment or this Second Amendment or any exhibits or amendments thereto. All other terms and Sublessor provisions under the Lease Agreement shall remain unchanged, are in full force and effect, and are hereby ratified and affirmed. LESSOR and LESSEE hereby acknowledge and confirm that, to the best of their respective knowledge, neither the LESSOR nor the LESSEE is in default of any other term or condition of the Lease Agreement. In the event of a conflict between this Second Amendment and the Lease Agreement the terms of this Second Amendment shall govern. All capitalized terms used but not defined herein shall have the same definitions ascribed 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, terms 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 DateLease Agreement.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee So long as Landlord has received from Tenant certificates and endorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended Lease, and so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to permit Tenant and Tenant’s designated contractors access to the Remainder Space New Premises approximately three (except for Suite 1503) from and after weeks prior to 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 New Premises Commencement Date (the “Early Access Period”) for the sole purpose purposes of performing any initial improvements and installation of installing Tenant’s furniture, fixtures, and equipment or other leasehold improvements including but not limited to telephones, computer wiring (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items expense. Tenant’s access to the extent required by New Premises during the Master Lease or this Sublease). Sublessee Early Access Period shall be subject to all terms and conditions of the Amended Lease, except that Tenant 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 New Premises during the Early Access Period will be pro-rated between Sublessee until the New Premises Commencement Date. ▇▇▇▇▇▇ agrees to provide Landlord with prior notice of any such intended early access and Sublessor based upon to cooperate with Landlord during the approximate rentable area Early Access Period so as not to interfere with Landlord in the completion of the Remainder Space each party has Tenant Improvements. Should Landlord determine such early access interferes with the right to use in relation Tenant Improvements, Landlord may deny Tenant access to the total rentable area New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means 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 access 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 New Premises and otherwise payable for the first (1st) month after the Expansion Commencement Datecomply with such denial.
Appears in 1 contract
Sources: Office Lease (XOMA Corp)
Early Access. Sublessor will allow Sublessee Depending on the progress of the construction of the Tenant Improvements, Tenant shall be given access to the Remainder Space Leased Premises up to two (except for Suite 1502) from and after weeks prior to the Vivarium Term Commencement Date in order for Tenant to install Tenant’s furniture, trade fixtures, equipment, telephone networks and continuing computer networks, and to perform general set-up for Tenant’s business operations. From the date Tenant is given early access to the Leased Premises as set forth above through the Expansion Term Commencement Date, and will allow Sublessee access Tenant shall be subject 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 all of the first day Sublessee accesses covenants in 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 SpaceLease, 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 Sublesseeexcept that Tenant’s obligation to pay utility costs). Notwithstanding Rent shall commence in accordance with the foregoing, in the event that Sublessor has not tendered delivery Basic Lease Information sheet of the Remainder Space Lease; provided, however, (i) Tenant shall not enter the Leased Premises unless they are accompanied by a person designated by Landlord, if required by Landlord, and Tenant shall provide to Sublessee on Landlord at least 24 hours prior written notice prior to such entry, (ii) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (iii) Tenant (and ▇▇▇▇▇▇’s contractors, vendors, agents, and employees) shall not disrupt or before November delay the construction of the Tenant Improvements, and (iv) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall in no event give directions to (or otherwise interfere with) the Contractor or others performing the Tenant Improvements. Tenant shall indemnify and hold the Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access of Tenant. This Confirmation of Term of Lease is made by and between MACH II 180 LLC, a Delaware limited liability company, as Landlord, and MARQETA, INC. a Delaware corporation as Tenant, who agree as follows:
1. Landlord and Tenant entered into an Office Building Lease dated March 1, 2018 2016 (the “Outside DateLease”), in which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure Landlord leased 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 Tenant and Tenant leased from Landlord the Outside Date (as extended) until Leased Premises described in the date Sublessor tenders delivery Basic Lease Information sheet of the Remainder SpaceLease (the “Leased Premises”).
2. Pursuant to Section 3.1 of the Lease, which abatement Landlord and Tenant hereby confirm as follows:
a. August 12, 2016 is the Term Commencement Date;
b. November 30, 2023 is the Term Expiration Date; and
c. November 12, 2016 is the commencement date of Rent under the Lease.
3. Tenant hereby confirms that the Lease is in full force and effect and:
a. It has accepted possession of the Leased Premises as provided in the Lease;
b. The improvements and space required to be furnished by Landlord under the Lease have been furnished;
c. Landlord has fulfilled all its duties of an inducement nature;
d. The Lease has not been modified, altered or amended, except as follows: N/A; and
e. There are no setoffs or credits against Rent and no security deposit has been paid except as expressly provided by the Lease.
4. The provisions of this Confirmation of Term of Lease shall be applied inure to the monthly Base Rent otherwise payable for benefit of, or bind, as the first (1st) month after case may require, the Expansion Commencement Date.parties and their respective successors, subject to the restrictions on assignment and subleasing contained in the Lease. ///signature page flows/// DATED: 9/6/16 “LANDLORD”: a Delaware limited liability company By: Mach II ▇▇▇▇▇ Investments LLC, a Delaware limited liability company, its Managing Member By: MEP II Investors LLC, a California limited liability company, its Administrative Manager By: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLC, a California limited liability company, it’s Sole Member and Manager By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Printed Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Managing Member
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access to the Remainder Space (except for Suite 150) from From and after the Vivarium Commencement Date completion of Landlord’s Work as specifically described on Exhibit D attached hereto, and continuing through up and until 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 (the “Early Access Period”) ), Landlord shall permit Tenant to enter into the Premises for the sole purpose of performing any initial improvements completing Landlord- approved work to fixture the Premises for Tenant’s business operations, which shall be performed at Tenant’s sole cost and installation of furniture, fixtures, equipment expense and shall be subject to all applicable ordinances and building codes or other leasehold improvements including but not limited laws governing Tenant’s right to telephones, computer wiring and networking cable (provided that Sublessee will obtain occupy or perform in the Premises prior consent of Lessor and Sublessor to such items to the extent required by Commencement Date. Such entry into the Master Lease Premises shall also be subject to the requirements that (1) prior to Tenant or this Subleaseany of the Tenant Parties obtaining access or entry to the Premises, Tenant must first satisfy the Access Conditions (as hereinafter defined). Sublessee , and (2) Tenant and any and all Tenant Parties shall not be obligated to pay disturb the tenancies of any Base Rent tenants near the Premises or Operating Expenses for unreasonably interfere with the Remainder Space during business operations of such tenants. Tenant agrees that any such entry onto 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 Premises during the Early Access Period will shall be pro-rated between Sublessee and Sublessor based upon the approximate rentable area deemed to be under all of the Remainder Space each party has terms, covenants, conditions and provisions of the right to use in relation Lease (except as to the total rentable area covenant to pay Rent). Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant’s sole risk and expense. Any such access or performance in the Premises prior to the Commencement Date shall also be subject to (A) Tenant first providing to Landlord the Certificates of Insurance required under this Lease and (B) Tenant’s payment to Landlord of any amounts (e.g., the Security Deposit required under this Lease) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) and (B) are collectively referred to herein as the “Access Conditions”). Tenant shall place all utilities into their name prior to the commencement 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 DateEarly Access Period.
Appears in 1 contract
Sources: Industrial Building Lease (NANOPHASE TECHNOLOGIES Corp)
Early Access. Sublessor will allow Sublessee access Tenant shall be permitted to enter the Premises prior 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 (the “Early Access Period”) for purposes of installing Tenant’s cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant’s entry into the sole Premises during the Early Access Period shall be subject to and conditioned upon Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of performing attempting to avoid any initial improvements delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures, fixtures and equipment or other leasehold improvements including but not limited shall be subject to telephones, computer wiring all of the terms and networking cable (provided that Sublessee conditions of this Lease. Tenant 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 rent during the Early Access Period. In no event shall Tenant or Tenant’s employees, but will be responsible for agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the payment nature 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 such interference, Landlord shall have the right to use in relation terminate Tenant’s early access. Other than with respect to the total rentable area gross negligence of Landlord or Landlord’s agents, Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Remainder SpacePremises during any period of early access, as reasonably determined by Sublessor. Sublessee will not construction and other activities may 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 Dateongoing.
Appears in 1 contract
Sources: Office Lease (Zogenix, Inc.)
Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space terms of this Section 2.3, as of the date (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 PeriodDate”) that is one (1) business day following the date that this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, the L-C (as defined in Section 21.1), and insurance certificates required hereunder (collectively, the “Early Access Conditions”), Landlord grants Tenant the right to enter the Premises at Tenant’s sole risk, solely for the sole purpose of performing any initial improvements the Improvements (as defined in Exhibit B attached hereto) and installation of furnitureinstalling telecommunications and data cabling, fixturesequipment, equipment or furnishings and other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the personalty. Such possession prior consent of Lessor and Sublessor to such items to the extent required by Lease Commencement Date shall be subject to all of the Master Lease or terms and conditions of this Sublease). Sublessee Lease, except that Tenant shall not be obligated required to pay any Base Rent or Operating Tenant’s Share of Direct 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 with respect to the total rentable area period 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 time prior to the Remainder Space (but failure Lease Commencement Date during which Tenant occupies the Premises solely for such purposes. However, Tenant shall be liable for any utilities or special services provided to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs)Tenant during such period. Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery if Tenant takes possession of the Remainder Space to Sublessee on or Premises before November 1the Lease Commencement Date for any purpose other than as expressly provided in this Section, 2018 (the “Outside Date”), which date such possession shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure subject to provide proof the terms and conditions of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee this Lease and Tenant shall receive one (1) day of pay Base Rent abatement and any other charges payable hereunder to Landlord for each day after of possession before 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 Lease Commencement Date.. Said early possession shall not advance the Lease Expiration Date. -15- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc.
Appears in 1 contract
Sources: Sublease Agreement (Amplitude, Inc.)
Early Access. Sublessor will Starting on that date which is five (5) business days after the Effective Date of this Lease (the “Delivery Date”), Landlord agrees to allow Sublessee Tenant access to the Remainder Space (except for Suite 150) from Premises and after reasonable use of the Vivarium Commencement Date Building’s parking facilities 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 freight elevators (“Early Access PeriodAccess”) subject to all of Tenant’s obligations under this Lease (except that Tenant will not be obligated to pay Rent under this Lease during such early occupancy of the Premises) for the sole purpose of performing any initial improvements the Tenant Improvements and installation of furnitureinstalling telephones, fixturescabling, equipment and furniture in the Premises for Tenant’s operations in the Premises. At least three (3) business days prior to any such Early Access, Tenant shall provide Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises. Additionally, the parties agree as follows:
(a) Tenant hereby releases and discharges Landlord, its contractors, agents, employees and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during the period of Early Access from any cause whatsoever, except as a result of Landlord’s gross negligence or willful misconduct. Landlord makes no representation or warranty about safety of the Premises during any period of Early Access, as construction and other activities will be ongoing.
(b) Notwithstanding anything set forth herein to the contrary, Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not unreasonably interfere with Landlord and Landlord’s agents, or with Landlord’s or other leasehold improvements tenants’ work in the Premises or other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause such unreasonable interference, including but not limited labor disputes, Landlord may suspend such license upon twenty-four (24) hours’ prior written notice to telephonesTenant, computer wiring in which case, Tenant shall immediately discontinue Tenant’s Early Access until the resolution of any such labor dispute.
(c) In the event the performance of Tenant’s Early Access causes Landlord to incur extra out-of-pocket costs, such as the cost of furnishing electricity, heating and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items cooling or other services to the extent required by the Master Lease or this Sublease). Sublessee Premises, Tenant shall not be obligated pay 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 Landlord an amount reasonably determined by Sublessor. Sublessee will not be permitted Landlord to enter the Remainder Space unless compensate for Landlord's actual costs 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 Dateservices.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access to the Remainder Space (except for Suite 150) from From and after the Vivarium Commencement Date execution of this First Amendment and continuing through up and until 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 (the “Early Access Period”) ), to the extent it does not interfere with the Landlord Work, Tenant may enter into the Expansion Space for the sole purpose of performing any initial improvements completing Landlord-approved work to fixture the Expansion Space for Tenant’s business operations, which shall be performed at Tenant’s sole cost and installation of furniture, fixtures, equipment expense and shall be subject to all applicable ordinances and building codes or other leasehold improvements including but not limited laws governing Tenant’s right to telephones, computer wiring and networking cable (provided that Sublessee will obtain occupy or perform in the Expansion Space prior consent of Lessor and Sublessor to such items to the extent required by Expansion Date. Such entry into the Master Lease Expansion Space shall also be subject to the requirements that (1) prior to Tenant or this Subleaseany of the Tenant Parties obtaining access or entry to the Expansion Space, Tenant must first satisfy the Access Conditions (as hereinafter defined). Sublessee , and (2) Tenant and any and all Tenant Parties shall not be obligated to pay disturb the tenancies of any Base Rent tenants near the Expansion Space or Operating Expenses for unreasonably interfere with the Remainder Space during business operations of such tenants. Tenant agrees that any such entry onto 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 Expansion Space during the Early Access Period will shall be pro-rated between Sublessee and Sublessor based upon the approximate rentable area deemed to be under all of the Remainder Space each party has terms, covenants, conditions and provisions of the right to use in relation Lease (except as to the total rentable area covenant to pay Rent). Subject to Landlord’s indemnity under Section 17.3 of the Remainder SpaceLease, as reasonably determined by Sublessor. Sublessee will Tenant further agrees that Landlord shall not be permitted liable in any way for any injury or death to enter any person or persons, loss or damage to any of Tenant’s property at the Remainder Expansion Space unless or loss or damage to property placed thereon prior to the Expansion Date, the same being at Tenant’s sole risk and until it provides proof expense. Any such access or performance in the Premises prior to the Commencement Date shall also be subject to (A) Tenant first providing to Landlord the Certificates of insurance meeting the requirements Insurance required under Section 10.2 of the Sublease applicable Lease (the conditions described in clause (A) are collectively referred to herein as the “Access Conditions”). Tenant shall place all utilities into their name prior 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 commencement 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 Period
Appears in 1 contract
Sources: Lease Agreement (Clearfield, Inc.)
Early Access. Sublessor will allow Sublessee Prior to the date the Landlord Work is Substantially Complete, Tenant’s access to the Remainder Space (except for Suite 150) from and after Premises shall be permitted only with the Vivarium Commencement Date and continuing through prior written consent of Landlord, which consent shall not be unreasonably withheld. In addition, so long as Tenant is accompanied by the Expansion Commencement DateBuilding’s property manager, and will allow Sublessee Tenant shall have access to Suite 150 from the Premises prior to the date the Landlord Work is Substantially Complete for the purpose of observing the construction of the Landlord Work. Early access to the Premises shall be subject to the terms and after November 1conditions of this Lease and Tenant shall pay Rent (defined in Section 4.A) to Landlord for each day of such early access. However, 2018 and continuing through if such early access to the Expansion Commencement Date (“Early Access Period”) Premises is permitted by Landlord for the sole purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses for any initial improvements and days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (e.g., freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises on or after 15 days prior to Substantial Completion of the Landlord Work for the sole purpose of installation of furniture, fixtures, fixtures and equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (the “Early Entry”) provided that Sublessee will obtain such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the prior consent Premises, and further provided that such Early Entry shall be subject to all of Lessor the terms and Sublessor to such items to the extent required by the Master conditions contained in this 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 (other than the payment of utilities for the Remainder Space commencing as Base Rent and Tenant’s Pro Rata Share 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”Operating Expenses), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall provide proof Landlord with certificates of insurance) insurance or Force Majeure eventsother evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, then Landlord may terminate Tenant’s right to Early Entry, and any delay in the Landlord Work attributable to such Early Entry will be deemed a Tenant Delay 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 Dateprovided in this Lease.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee At such point as, in Landlord’s reasonable judgment, Landlord’s Work and T▇▇▇▇▇’s Work have proceeded to such point where Tenant may install its cabling, furniture, fixtures and equipment in the Premises without interfering with the performance of Landlord’s Work or Tenant’s Work (and provided Landlord shall have received a copy of each of Tenant’s insurance policies or certificates of insurance therefor pursuant to Subsection 4.4 hereof), Landlord shall so notify Tenant and from and after such date of notification Tenant and its contractors shall have access to the Remainder Space Premises for the purposes of installing the same in preparation for Tenant’s occupancy of the Premises; provided, however, that Landlord shall use reasonable efforts to provide Tenant and its contractors with such access at least sixty (except for Suite 15060) days’ prior to the date on which Landlord reasonably expects to achieve Substantial Completion of L▇▇▇▇▇▇▇’s Work and T▇▇▇▇▇’s Work. In connection with such access, T▇▇▇▇▇ agrees (i) to cease promptly upon notice from and after Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the Vivarium Commencement Date and continuing through provisions of this Lease or which shall interfere with or delay the Expansion Commencement Dateperformance of Landlord’s Work or Tenant’s Work, and will allow Sublessee access (ii) to Suite 150 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 L▇▇▇▇▇▇▇ and after November 1work being performed by T▇▇▇▇▇, 2018 each with the other and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing with any initial improvements and installation of furniture, fixtures, equipment other activity 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, work 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 (Building including, without limitation, failure the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to provide proof be subject to all of insurancethe applicable provisions of this Lease as if the term had commenced, except that (i) there shall be no obligation on the part of Tenant solely because of such access to pay any Annual Fixed Rent or Force Majeure eventsAdditional Rent for Taxes or Operating Costs for any period prior to the Rent Commencement Date, and (ii) 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, then as SublesseeLandlord shall give written notice thereof to Tenant, and Tenant shall use diligent efforts to comply and cause its contractors to comply, and if such non-compliance is not cured within two (2) Business Days after Landlord’s sole remedywritten notice to Tenant, Sublessee shall receive one (1) day Landlord may revoke Tenant’s rights of Base Rent abatement for each day after access to the Outside Date (as extended) Premises 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.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access Notwithstanding anything to the Remainder Space contrary in this Lease, Landlord shall deliver the Premises to Tenant in Base Building Condition (except for Suite 150hereinafter defined) from and but otherwise in its as-is condition so that Tenant can commence the construction of the Initial Alterations pursuant to this Paragraph 4. Landlord estimates that it will deliver the Premises to Tenant ninety (90) days after the Vivarium date of mutual execution and delivery of this Lease (the “Estimated Delivery Date”), however, in no event will the Commencement Date occur earlier than two hundred ten (210) days after mutual execution and continuing through delivery of this Lease, unless Tenant commences business operations from within the Expansion Commencement Premises within 210 days of such mutual lease execution and delivery. The actual date of delivery of the Premises to Tenant in Base Building Condition is referred to herein as the “Delivery Date, .” All of the terms and will allow Sublessee access to Suite 150 from conditions of this Lease shall apply during the period commencing on the Delivery Date and after November 1, 2018 and continuing through ending concurrently with the Expansion Commencement Date of this Lease (the “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 except 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 no Monthly Rent or Operating Expenses for the Remainder Space payments under Paragraph 7 below shall be due during the such 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 : (i) if the event that Sublessor Delivery Date has not tendered delivery of occurred within ninety (90) days following the Remainder Space to Sublessee on or before November 1, 2018 Estimated Delivery Date (the “First Outside Delivery Date”), which date shall be extended on unless such failure is due to a day for day basis by delays delay caused by Sublessee’s acts Tenant or omissions any Tenant Parties (including, without limitation, failure to provide proof of insuranceas defined below) (“Tenant Delay”) or Force Majeure eventsMajeure, then Tenant shall be entitled, as Sublessee’s its sole remedyand exclusive remedy for such delay, Sublessee shall receive to an extension of the Abated Rent Period for one (1) day of Base Rent abatement for each day after the First Outside Delivery Date until the Delivery Date; and (ii) if the Delivery Date has not occurred within one hundred twenty (120) days after the Estimated Delivery Date (as extended) until the date Sublessor tenders delivery “Second Outside Delivery Date”), unless such failure is due to a Tenant Delay or Force Majeure, Tenant shall have the option, in Tenant’s sole discretion, of either continuing with an extension of the Remainder SpaceAbated Rent Period or, which abatement shall be applied in lieu thereof, to terminate this Lease at any time after the Second Outside Delivery Date and prior to the monthly Delivery Date. When used herein, “Base Rent otherwise payable for Building Condition” shall mean that the first Building’s roof system, structure and all other Building standard systems (1stmechanical, electrical, plumbing, HVAC and life safety systems) month after the Expansion Commencement Dateare in good working order.
Appears in 1 contract
Sources: Office Lease (Salt Blockchain Inc.)
Early Access. Sublessor will allow Sublessee Provided Tenant has paid the Base Rent provided in Section 2(b), the Tenant Reimbursement Amount provided in Section 2(c) and any certificates of insurance required by this Lease, Landlord grants to Tenant and contractors of Tenant a conditional license to enter the Premises on October 15, 2019 (the “Early Access Date”) to perform Tenant’s Work (as defined herein) which shall be performed in accordance with Sections 10 and 11 of this Lease. Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such access to the Remainder Space Premises, which notice shall contain and/or shall be accompanied by: (except i) a description and schedule for Suite 150Tenant’s Work; (ii) from the names and after addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the Vivarium Commencement Date approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts pertaining to the performance of Tenant’s Work for which such early access is being requested; (iv) copies of all plans and continuing through specifications pertaining to Tenant’s Work for which such access is being requested; (v) copies of all licenses and permits required in connection with the Expansion performance of any of Tenant’s Work for which such access is being requested; (vi) certificates of insurance (in amounts and with insured parties satisfactory to Landlord). All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld. Such early access shall be subject to scheduling by Landlord. Tenant and Tenant’s contractors shall work in harmony and not interfere with Landlord and Landlord’s contractors in performing any tenant improvement work which Landlord is performing in the Premises or in other premises within the Building, the Property or in the Common Areas, or with the general operation of the Property. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon twenty-four (24) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant or its contractors shall be deemed to be under all of the terms, covenants, conditions and provisions of this Lease, excluding only the covenant to pay Rent and specifically including the provisions of Sections 12 and 13 thereof. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s Work or to property of Tenant placed in the Premises or any portion of the Premises prior to the Commencement Date, the same being at Tenant’s sole risk and will allow Sublessee access liability. Tenant shall be liable to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) Landlord 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 damage to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated Premises, 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, tenant improvement work in the event that Sublessor has not tendered delivery of Premises, or the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), Property which date shall be extended on a day for day basis by delays is caused by SublesseeTenant or Tenant’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 Datecontractors.
Appears in 1 contract
Sources: Lease Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Early Access. Sublessor will allow Sublessee access to Following Landlord’s receipt of a temporary certificate of occupancy for the Remainder Space (except for Suite 150) Premises from and after the Vivarium Commencement Date and continuing through City of Irvine, Tenant’s payment of all deposits due under the Expansion Commencement DateLease, and will allow Sublessee Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access to Suite 150 from and after November 1, 2018 and continuing through a portion of the Expansion Commencement Date Premises consisting of approximately 33,597 rentable square feet as shown on the attached Exhibit A-1 (“Early Access PeriodPremises”) prior to the Commencement Date for Tenant to use the Early Access Premises for staging in connection with Tenant’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 $47,035.80 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 sole purpose Early Access Premises shall be “fixed” at the amount of performing any initial improvements and installation $8,399.25 per month, based on $0.25 per rentable square foot 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 PeriodPremises, but will and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be responsible for the payment of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Spacesuspended in their entirety. Utility costs for the Remainder Space during In no event shall Tenant’s access to the Early Access Period will be pro-rated between Sublessee and Sublessor based upon Premises trigger the approximate rentable area Commencement Date 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 Lease 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 DateTenant commences its regular business activities therefrom.
Appears in 1 contract
Sources: Lease (Inari Medical, Inc.)
Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space (except for Suite 150) provisions below, from and after the Vivarium Commencement Date and continuing through Effective Date, Tenant shall have the right to enter the Expansion Commencement Date, and will allow Sublessee access Premises in order to Suite 150 from and after November 1, 2018 and continuing through generally prepare the Expansion Commencement Date Premises for occupancy including the storage of product, but not to conduct normal business operations (“Early Access”). Other than in connection with Landlord’s Work, the Repair Work or any emergency relating to the Expansion Premises, Landlord shall not grant access to the Expansion Premises to any party between the Effective Date and the First Expansion Date and the Second Expansion Date, as applicable. Tenant’s right to Early Access Period”) for to the sole purpose Expansion Premises is subject to, and conditioned upon, the following:
a. Early Access is only permitted if, and to the extent, permitted by applicable Governmental Requirements.
b. Tenant shall comply with all the terms and conditions of performing this Lease during any initial improvements Early Access, other than the obligation to pay Base Rent and its share of Operating Expenses with respect to the Expansion Premises. Nothing herein shall relieve Tenant from its obligations under the Lease with respect to the Existing Premises.
c. Tenant shall not unreasonably interfere with Landlord’s completion of the Landlord’s Work;
d. Tenant will provide written notice to Landlord prior to any Early Access and Landlord shall have the right to have a representative present during such access so long as Landlord does not delay Tenant’s Early Access to the Expansion Premises.
e. Tenant shall not begin its normal business operations from the Expansion Premises until the First Expansion Date with respect to the First Expansion Premises or the Second Expansion Date with respect to the Second Expansion Premises, as the case may be.
f. Notwithstanding anything to the contrary contained herein, Tenant does hereby expressly acknowledge and agree that the storage and installation of furniturefixtures and Tenant’s personal property (including equipment) in the Expansion Premises shall be at Tenant's sole risk, fixturescost and expense, 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 Landlord shall not be obligated to pay liable for and Tenant hereby releases Landlord from any Base Rent and all liability for any damage thereto occasioned by any act of God or Operating Expenses for the Remainder Space during the Early Access Periodby any acts, but will omissions or negligence of any persons; provided, however, that Landlord shall be responsible for its gross negligence or willful misconduct and the payment gross negligence or willful misconduct of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Spaceits employees, officers, directors, agents, contractors, and subcontractors. 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 Tenant does hereby further agree to use in relation indemnify, defend (with counsel reasonably acceptable 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”Landlord), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions and hold harmless Landlord and its employees, officers, directors, agents and contractors from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses (including, without limitation, failure attorneys' fees at the trial and appellate levels) of any and every nature arising out of or in any way relating to provide proof Tenant's Early Access; provided, however, that Tenant shall not indemnify Landlord for any matter arising from Landlord’s gross negligence or willful misconduct or the gross negligence or willful misconduct of insurance) or Force Majeure eventsits employees, then as Sublessee’s sole remedyofficers, 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 Spacedirectors, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateagents, contractors, and subcontractors.
Appears in 1 contract
Sources: Lease Agreement (Pfsweb Inc)
Early Access. Sublessor will Landlord shall allow Sublessee Tenant early access (subject to the Remainder Space (except for Suite 150terms hereof) to the Premises free 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 other occupants or tenancies no later than January 1, 2018 2026 (as may be extended for Force Majeure, “Early Access”; and continuing through the Expansion Commencement Date (date on which Tenant initially accesses the Premises, the “Early Access PeriodDate”), provided that: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has obtained all permits required for the sole activities Tenant wishes to engage in pursuant to this Section 2.03, and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder. Tenant shall also provide evidence to Landlord of insurance coverage for any and all of Tenant’s vendors and/or contractors as is reasonably acceptable to Landlord. The purpose of performing any initial improvements and Tenant’s Early Access is for installation of furnitureTenant’s equipment, fixtures, equipment or other leasehold improvements including but not limited to telephonesto, computer wiring installation of racking, IT cabling and networking cable equipment, radio frequency network, wired guidance system, security system, wide area network connections, conveyor and print and apply automation, air compressors, corrugated baler, vertical plastic baler, battery changer rails, charges and racks, and any other similar purpose (provided that Sublessee will obtain but not for the prior consent purpose of Lessor and Sublessor to conducting Tenant’s business operations within the Premises); provided, however, the listing of such items to the extent required by the Master Lease or equipment in this Sublease). Sublessee Section shall not be obligated deemed or construed as Landlord’s approval of the same, and such approval shall be subject to pay any Base Rent or Operating Expenses the provisions and conditions set forth elsewhere in this Lease. Subject to the terms of the immediately succeeding sentence, Tenant shall not commence its business operations within the Premises during such early occupancy period. Subject to compliance with Applicable Laws and receipt of permits required for such activities, Tenant may begin shipping product to the Remainder Space Building during the Early Access Periodperiod, but will provided that such shipment does not interfere with Landlord’s completion of the Landlord Improvements. Tenant may not ship any product from the Building during the Early Access period. Tenant’s Early Access to the Premises shall be responsible subject to all of the provisions of this Lease, except for the payment of utilities Rent, however, Early Access of the Premises shall not advance the expiration date of this Lease. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate with each other to ensure that during Tenant’s Early Access, neither Landlord nor Tenant shall unreasonably interfere with the use of the space by the other party; provided, however, except as expressly set forth in Section 2.02 above, Landlord shall not be liable for (and Tenant shall not be entitled to any abatement of rent related to) any interference in Tenant’s use of the Premises arising from Landlord’s completion of the Landlord Improvements. In the event of any such alleged unreasonable interference, Landlord shall immediately, after ▇▇▇▇▇▇▇▇’s actual knowledge thereof, notify Tenant of such interfering acts by ▇▇▇▇▇▇, and if such interference is not ceased within twenty-four (24) hours of such notice, such interference shall constitute a Tenant Delay, as defined in Exhibit D, for the Remainder Space commencing as period of time starting from the first day Sublessee accesses initial date of such interfering act until Tenant remedies such interference. Any materials of Tenant or Tenant’s agents, employees, contractors, or licensees or invitees (collectively, “Tenant Parties” and individually, a “Tenant Party”) stored in the Remainder Space. Utility costs for the Remainder Space Premises during the such Early Access Period period shall be at Tenant’s sole risk and Landlord will be pro-rated between Sublessee and Sublessor based upon have no obligation to secure the approximate rentable area of the Remainder Space each party has the right to use in relation Premises prior to the total rentable area of the Remainder Space, as reasonably determined by SublessorCommencement Date. 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 Except to the Remainder Space extent caused by gross negligence or willful misconduct of Landlord or any of Landlord’s agents, employees, contractors, licensees or invitees (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoingcollectively, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1“Landlord Parties” and individually, 2018 (the a “Outside DateLandlord Party”), which date Landlord or any Landlord Party shall not be extended liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on a day for day basis behalf of Tenant or permitted to be placed, kept or stored by delays Tenant during any Early Access period. Except to the extent caused by Sublessee’s acts gross negligence or omissions (includingwillful misconduct of Tenant or any Tenant Party, without limitationTenant or any Tenant Party shall not be liable for any destruction, failure theft, vandalism or any other damage to provide proof of insurance) any personal property placed, kept or Force Majeure events, then as Sublessee’s sole remedy, Sublessee stored by any other party during any Early Access period. The Early Access period shall receive one (1) day of Base Rent abatement for each day after end upon the Outside Date (as extended) until the date Sublessor tenders delivery occurrence of the Remainder SpaceCommencement Date, at which abatement time Tenant shall be applied have possession of the Premises for its full use for the Permitted Use and occupancy, pursuant to and subject to the monthly Base Rent otherwise payable for terms of this Lease, twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year during the first (1st) month after the Expansion Commencement DateTerm of this Lease.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access Commencing on the date this Lease has been fully executed and delivered by the parties hereto until the date immediately prior 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 (the “Early Access Period”), and so long as (i) Landlord has received the first (1st) monthly installment of Base Rent pursuant to Section 1.2 above, and the Security Deposit (to be maintained pursuant to the terms of Article 7 below), and (ii) Landlord has received insurance certificates evidencing that Tenant is carrying the insurance required to be carried by Tenant pursuant to the terms of [FINAL EXECUTION COPY] -5- ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ SMRH:4888-9988-7969.11 ▇▇▇▇’s Fashion Lounge, LLC 062923 54RL-374105 DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 Article 9 below, Tenant shall have the right to access the Premises for the sole purpose of performing any initial improvements obtaining measurements and installation for the purpose of ordering necessary furniture, fixturesfixtures and equipment for Tenant’s Permitted Use; provided, equipment however, that during such Early Access Period, all of the terms and conditions of this Lease shall apply, including, without limitation, Tenant’s obligation to pay to Landlord all sums and charges required to be paid by Tenant under this Lease. Further, no work shall be performed during the Early Access Period by Tenant or its contractors within the Premises without first obtaining Landlord's prior written approval including approval of plans for any cabling, wiring or other leasehold improvements including but not limited to telephoneswork which may affect systems or structure or be visible from outside the Premises and shall be performed in strict accordance with the terms of Article 11 of this Lease, computer wiring and networking cable (provided that Sublessee will obtain all contractors shall comply with the prior consent of Lessor Building's construction rules and Sublessor to such items regulations. Subject to the extent required by the Master Lease or this Sublease). Sublessee foregoing, during such Early Access Period, Tenant shall not be obligated to pay any Base Rent or Operating Expenses, Shared Expenses or Taxes for the Remainder Space during Premises so accessed by Tenant until the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as occurrence 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.
Appears in 1 contract
Sources: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)
Early Access. Sublessor will allow Sublessee Tenant shall be allowed early access beginning thirty (30) days prior to the Remainder Space (except for Suite 150) from and after the Vivarium Relocation 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 Tenant's furniture, fixturesfixtures and equipment, equipment provided that (i) prior to such early access Tenant shall coordinate its planned installation efforts, and the timing thereof, with Landlord's project manager; (ii) any delay in Substantial Completion arising from such early access by Tenant, its, employees, contractors, invitees, or other leasehold improvements including agents shall constitute a Tenant Delay; (iii) satisfactory evidence of insurance as required by Article 11 of the Lease shall first have been provided to Landlord; and (iv) there shall be harmonious union labor relations between the contractors, subcontractors, suppliers and vendors on-site, and no disruption of the Work arising from Tenant's early occupancy hereunder shall be permitted.
1. For the period of time between the Effective Date of this Third Amendment and the end of the thirtieth month thereafter (the “ROFO Period”), Tenant shall have a right of first offer (the “Right of First Offer”) with respect to approximately 5,842 square feet of Net Rentable Area adjacent to the Relocation Premises as shown on Exhibit C-1 attached hereto, if and when such space comes available in the Building during the Term, upon the terms and conditions set forth in this Exhibit C.
2. If the ROFO Space becomes available at any time during the ROFO Period, Landlord shall notify Tenant (the “First Offer Notice”) of such availability of the ROFO Space. In the First Offer Notice, Landlord shall offer to lease to Tenant all (but not limited a part or parts) of the ROFO Space then available. The First Offer Notice also shall set forth the rental amount and other terms upon which Landlord is willing to telephoneslease the ROFO Space (which, computer wiring if the First Offer Notice is sent on or before the first anniversary of the Relocation Commencement Date, shall be on all the same terms and networking cable (provided conditions of the Lease, except that Sublessee will obtain the prior consent Construction Allowance, as such term is defined in the Work Letter attached to this Third Amendment as Exhibit B, shall be prorated). The lease term of Lessor and Sublessor the ROFO Space shall be coterminous with the Term of the Lease. If Tenant wishes to such items exercise its Right of First Offer with respect to the extent required ROFO Space, then within ten (10) business days of the delivery of the First Offer Notice to Tenant (the “First Offer Expiration Date), Tenant shall deliver written notice to Landlord of Tenant's intention to exercise the Right of First Offer with respect to the entire ROFO Space. [f, however, Tenant decides not to exercise the Right of First Offer, either by (a) notifying Landlord in writing on or before the Master Lease First Offer Expiration Date of Tenant's decision not to exercise the right of first offer, or (b) by failing to deliver to Landlord written notice of acceptance on or before the First Offer Expiration Date, then Landlord shall be free to lease all or any part of the ROFO Space to anyone whom Landlord desires, on material terms substantially similar to the terms set forth in the First Offer Notice; provided, however, that (i) the restriction set forth herein regarding substantially similar material terms shall expire forty five (45) calendar days after the First Offer Expiration Date; and (ii) upon the execution of a lease between Landlord and a new tenant with respect to the ROFO Space, the Right of First Offer shall thereafter be null, void and of no further force or effect with respect to the ROFO Space leased by such new tenant.
3. Notwithstanding anything to the contrary herein, if Tenant exercises the Right of First Offer at any time during the first twelve (12) months following the Effective Date of this Sublease). Sublessee Third Amendment, then Tenant's lease of the ROFO Space designated in the First Offer Notice shall not be obligated on the same terms and conditions as those pertaining to pay any Base Rent or Operating Expenses the Relocation Space except that the Construction Allowance for the Remainder ROFO Space during shall be prorated.
4. In the Early Access event Tenant duly exercises the Right of First Offer as set forth in paragraph 2 above, Landlord and Tenant shall, within thirty (30) days thereafter, execute an amendment to the Lease memorializing Tenant's lease of the ROFO Space upon the terms and conditions set forth in the First Offer Notice and this Exhibit C.
5. For the avoidance of doubt, the parties acknowledge that the Right of First Offer, if not exercised by Tenant in accordance with the provisions of this Exhibit C prior to the end of the ROFO Period, but will shall be responsible for the payment null, void and of utilities for the Remainder Space commencing no further force or effect as of the first day Sublessee accesses following the Remainder Spaceexpiration of the ROFO Period.
6. Utility costs Tenant acknowledges and agrees that the Right of First Offer set forth herein shall be subject and subordinate to (a) existing tenant leases for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area Building as of the Remainder Space each party has Effective Date of this Third Amendment, and (b) any rights of renewal, expansion or extension contained in any such existing tenant leases. In addition, notwithstanding anything in the right to use in relation Lease to the total rentable area contrary, the Right of the Remainder Space, as reasonably determined by Sublessor. Sublessee will First Offer granted herein shall be deemed personal to Tenant and shall not be permitted to enter the Remainder Space unless deemed included with any assignment of Tenant's interest in 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 Lease and 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 DatePremises.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee So long as such access does not interfere with Landlord’s construction of the Landlord’s Work, Tenant shall have the right to access the Expansion Premises prior to the Remainder Space completion of the Landlord’s Work for the purpose of installing its equipment, data, telecommunications systems and trade fixtures (except for Suite 150“Tenant’s Work”). Such access shall be subject to reasonable scheduling by Landlord. In connection with such access, Tenant agrees (a) to cease promptly upon notice from and after Landlord any Tenant’s Work which has not been approved by Landlord or is not in compliance with the Vivarium Commencement Date and continuing through provisions of the Expansion Commencement DateLease or which shall interfere with or delay the performance of Landlord’s Work, and will allow Sublessee (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Landlord’s Work and the Tenant’s Work, each with the other and with any other activity or work in the Building. Such access shall be subject to Suite 150 from and after November 1, 2018 and continuing through all of the Expansion Commencement Date (“Early Access Period”) for terms of the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited Lease except the obligation 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 pay Rent until otherwise required by the Master Lease terms of the Lease; provided, however, that if Tenant commences operation of its business in all or this Sublease). Sublessee any portion of the Expansion Premises, the date on which Tenant commences operation of its business shall not be deemed the Expansion Date and Tenant shall 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 pursuant to the total rentable area terms of the Remainder Space, as reasonably determined by Sublessorthis First Amendment. 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 Without limiting the foregoing, prior to accessing the Expansion Premises, Tenant shall provide to Landlord, in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Work; (ii) the names and addresses of all contractors who or which will be entering the Expansion Premises on behalf of Tenant to perform Tenant’s Work or will be supplying materials for such work, and the approximate number of individuals who will be present in the event that Sublessor has not tendered delivery Expansion Premises; (iii) copies of all contracts pertaining to Tenant’s Work; (iv) copies of all plans and specifications pertaining to Tenant’s Work; (v) copies of all licenses and permits required in connection with the Remainder Space performance of Tenant’s Work; and (vi) certificates of insurance (in amounts reasonably satisfactory to Sublessee on Landlord and with the parties identified in, or before November 1required by, 2018 (the “Outside Date”Lease named as additional insureds), 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.
Appears in 1 contract
Sources: Lease (Maxlinear Inc)
Early Access. Sublessor will allow Sublessee access For the period from March 1, 2010 (or such other date as is mutually approved by the parties in writing) 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 (the “Early Access Period”) ), Tenant may enter the Premises at its sole risk and expense for the sole limited purpose of performing any initial improvements completing the Tenant Improvements and installation of furnitureinstalling equipment and fixtures in preparation for Tenant’s occupancy, 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 subject to the extent required by terms and conditions of this Section 2.2; provided, however, if all of the Master conditions subsequent set forth in Exhibit B to the Parking Lot Lease are satisfied prior to March 1, 2010, then the Early Access period shall commence immediately upon the full and complete satisfaction of such conditions subsequent. Landlord shall have no liability or this Sublease). Sublessee shall not be obligated responsibility for loss of or damage or injury to pay any Base Rent of Tenant’s employees, contractors, representatives, agents, or Operating Expenses for invitees, or to any of Tenant’s property on or about the Remainder Space Premises during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as . Tenant’s entry onto and use of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space Premises during the Early Access Period will pursuant to this Section 2.2 shall be pro-rated between Sublessee and Sublessor based upon the approximate rentable area subject to all of the Remainder Space each party has the right to use in relation to the total rentable area terms and conditions of the Remainder Spacethis Lease, 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 Sublesseeexcluding only Tenant’s obligation to pay Monthly Base Rent and additional rent (including Tenant’s Share of Operating Expenses), except that Tenant will be responsible to pay utility costs)charges directly attributable to its activities during the Early Access Period. Prior to its early entry on the Premises, Tenant shall provide Landlord with evidence of all insurance required of Tenant or its contractors under this Lease. Notwithstanding the foregoing, Landlord shall have no liability or responsibility with respect to dust, dirt or other conditions resulting from Landlord or Landlord’s agents, employees, contractors, invitees or tenants in the event that Sublessor has Premises or Project during the Early Access Period. Tenant agrees to exercise Tenant’s rights hereunder during the Early Access Period so as to not tendered delivery of interfere in any material way with Landlord and Landlord’s agents, employees, contractors, invitees or tenants in the Remainder Space to Sublessee on Premises 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 DateProject.
Appears in 1 contract
Sources: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)
Early Access. Sublessor will allow Sublessee access to Provided no Event of Default by Tenant has occurred under the Remainder Space Lease (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Dateas amended hereby), 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 Tenant 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 have the right to use install in relation the Expansion Space, during the Expansion Space Move-In Period (as defined below) only, Tenant’s Cabling and other furniture, furnishings, inventory, equipment, or trade fixtures, subject to all applicable terms and conditions of the Lease (as amended hereby). At Tenant’s request from time to time Landlord will inform Tenant of Landlord’s good faith determination of the projected Expansion Space Commencement Date. Neither Tenant nor any Agent of Tenant shall enter the Expansion Space during those times that Landlord determines such entry will unreasonably interfere with activities of Landlord or Landlord’s Agents, and, in such event, Landlord shall notify Tenant of specific times during which Tenant may make such entry. Any and all activity by Tenant or any Agent of Tenant prior to the total rentable area Expansion Space Commencement Date shall be coordinated with Landlord and its general contractor to ensure that such activity does not interfere with any other work. If Landlord determines that any such interference is occurring, then Landlord shall have the right to require the removal of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter offending party from the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Expansion Space (but failure with Tenant having no right to provide proof of insurance will not affect Sublesseeassert that the Expansion Space Commencement Date or Tenant’s obligation to pay utility costsother obligations are affected thereby). 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 During the Expansion Commencement DateSpace Move-In Period, neither Tenant nor any of its Agents shall unreasonably delay or otherwise inhibit work being performed by Landlord or Landlord’s Agents.
Appears in 1 contract
Sources: Office Lease Agreement (IMARA Inc.)
Early Access. Sublessor will allow Sublessee Depending on the progress of the construction of the Tenant Improvements, Tenant shall be given access to the Remainder Space Leased Premises up to two (except for Suite 1502) from and after weeks prior to the Vivarium Term Commencement Date in order for Tenant to install Tenant’s furniture, trade fixtures, equipment, telephone networks and continuing computer networks, and to perform general set-up for Tenant’s business operations. From the date Tenant is given early access to the Leased Premises as set forth above through the Expansion Term Commencement Date, and will allow Sublessee access Tenant shall be subject 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 all of the first day Sublessee accesses covenants in 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 SpaceLease, 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 Sublesseeexcept that Tenant’s obligation to pay utility costs). Notwithstanding Rent shall commence in accordance with the foregoing, in the event that Sublessor has not tendered delivery Basic Lease Information sheet of the Remainder Space Lease; provided, however, (i) Tenant shall not enter the Leased Premises unless they are accompanied by a person designated by Landlord, if required by Landlord, and Tenant shall provide to Sublessee on Landlord at least 24 hours prior written notice prior to such entry, (ii) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (iii) Tenant (and ▇▇▇▇▇▇’s contractors, vendors, agents, and employees) shall not disrupt or before November delay the construction of the Tenant Improvements, and (iv) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall in no event give directions to (or otherwise interfere with) the Contractor or others performing the Tenant Improvements. Tenant shall indemnify and hold the Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access of Tenant. This Confirmation of Term of Lease is made by and between MACH II 180 LLC, a Delaware limited liability company, as Landlord, and MARQETA, INC. a Delaware corporation as Tenant, who agree as follows:
1. Landlord and Tenant entered into an Office Building Lease dated March 1, 2018 2016 (the “Outside DateLease”), in which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure Landlord leased 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 Tenant and Tenant leased from Landlord the Outside Date (as extended) until Leased Premises described in the date Sublessor tenders delivery Basic Lease Information sheet of the Remainder SpaceLease (the “Leased Premises”).
2. Pursuant to Section 3.1 of the Lease, which abatement Landlord and Tenant hereby confirm as follows:
a. August 12, 2016 is the Term Commencement Date;
b. November 30, 2023 is the Term Expiration Date; and
c. November 12, 2016 is the commencement date of Rent under the Lease.
3. Tenant hereby confirms that the Lease is in full force and effect and:
a. It has accepted possession of the Leased Premises as provided in the Lease;
b. The improvements and space required to be furnished by Landlord under the Lease have been furnished;
c. Landlord has fulfilled all its duties of an inducement nature;
d. The Lease has not been modified, altered or amended, except as follows: N/A; and
e. There are no setoffs or credits against Rent and no security deposit has been paid except as expressly provided by the Lease.
4. The provisions of this Confirmation of Term of Lease shall be applied inure to the monthly Base Rent otherwise payable for benefit of, or bind, as the first (1st) month after case may require, the Expansion Commencement Date.parties and their respective successors, subject to the restrictions on assignment and subleasing contained in the Lease. ///signature page flows/// DATED: 9/6/16
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access Tenant shall be permitted to enter the Premises prior 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 (the “Early Access Period”) for purposes of installing Tenant’s cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant’s entry into the sole Premises during the Early Access Period shall be subject to and conditioned upon (i) Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, (ii) Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, (iii) Tenant having obtained any and all governmental approvals required for such access, and (iv) Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of performing attempting to avoid any initial improvements delay in the Commencement Date shall be deemed reasonable). Such access and the installation of such cabling, security system, furniture, fixturesfixtures and equipment shall also be subject to all of the terms and conditions of this Lease, equipment or other leasehold improvements including but including, without limitation, the provisions of Sections 17, 20 and 22; provided, however, that so long as Tenant does not limited to telephonescommence the operation of business from the Premises, computer wiring and networking cable (provided that Sublessee Tenant 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 Monthly Basic Rent or Operating Expenses Excess Rent during the Early Access Period,. In no event shall Tenant or Tenant’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the nature of such interference, Landlord shall have the right to terminate Tenant’s access. Such access shall not advance the Termination Date. Other than with respect to the gross negligence of Landlord or Landlord’s contractors or agents (but in no event shall Landlord be liable for any loss of business, loss of profits or other consequential damages), Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during the Remainder Space Early Access Period. Landlord makes no representation or warranty about safety of the Premises during the Early Access Period, but will as construction and other activities may 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 Dateongoing.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee Tenant shall have the right from time to time to come onto the Premises and Tenant’s Roof Deck Area for inspections and measurements and for up to 30 days immediately prior to the date of Substantial Completion of Landlord’s Premises Work to access the Premises and Tenant’s Roof Deck Area, upon prior notice to Landlord at times reasonably designated by Landlord, for purposes of taking measurements, conducting due diligence and inspections thereof, installing wiring and cabling, installing workstations, building-out the IT room, and accessing the IT closets in the Premises at the same time that Landlord performs Landlord’s Premises Work (collectively, the “Early Access Work”). Landlord and Tenant shall use reasonable efforts to cooperate with each other so as to permit Tenant’s access and Landlord’s performance of work in the Premises and Tenant’s Roof Deck Area at the same time. If Tenant’s access to the Remainder Space Premises or Tenant’s Roof Deck Area interferes with the performance by Landlord of Landlord’s Premises Work, Landlord shall, notwithstanding the foregoing, have the right to notify Tenant of such interference (except for Suite 150which notification may be oral) from and after Tenant shall immediately discontinue such interference. Such access to the Vivarium Premises or Tenant’s Roof Deck Area by Tenant prior to the Commencement Date shall not be deemed to be use and continuing through occupancy by Tenant of the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through Premises nor Tenant having taken possession of the Expansion Premises for purposes of determining the Commencement Date (“Early Access Period”) for but shall otherwise be subject to all of the sole purpose terms of performing any initial improvements the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall be entitled to notice of a claimed Tenant Delay as 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 provided 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 DateWork Letter.
Appears in 1 contract
Sources: Lease Agreement (2U, Inc.)
Early Access. Sublessor Landlord will allow Sublessee give Tenant access to the Remainder Space Premises by (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 PeriodDate”) for construction of the sole purpose alterations listed on Schedule (the “Pre-Approved Alterations”) and for planning, measurement, construction of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephonesinventory and equipment, computer wiring shipping and networking cable receiving, and any activities included within the Permitted Use (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“Tenant’s Early Occupancy”). Sublessee shall not be obligated to pay Landlord and ▇▇▇▇▇▇ will reasonably cooperate in coordinating completion of ▇▇▇▇▇▇▇▇’s Work and any Base Rent or Operating Expenses for the Remainder Space work done by Tenant during ▇▇▇▇▇▇’s Early Occupancy. Beginning on the Early Access PeriodDate, but Landlord will provide reasonable, temporary restroom facilities for Tenant’s agents, contractors, and employees. Until Substantial Completion, Tenant shall abide by all safety precautions and programs as may be responsible for reasonably promulgated by Landlord to ensure the payment safe completion of utilities for Landlord’s Work and any Pre-Approved Alterations, and compliance with applicable health and safety regulations. In the Remainder Space commencing as of event that Landlord does not give Tenant access to the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during Premises on or before the Early Access Period will Date (which period may be pro-rated between Sublessee and Sublessor based upon the approximate rentable area extended as a result of the Remainder Space each party has the right Construction Force Majeure Event for up to use in relation thirty (30) days or for Tenant Delay), Tenant shall be entitled 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, a credit in the event that Sublessor has not tendered delivery amount 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 Early Access Date (as extended) until Landlord gives Tenant access to the date Sublessor tenders delivery of the Remainder SpacePremises, which abatement shall to be applied to against the monthly Base Rent otherwise due and payable for the first (1st) month after the Expansion Commencement DateDate until said credits are fully realized by Tenant. In addition, if Landlord has not given Tenant access to the Premises on or before the date that is [ ] days after the Early Access Date (which period may be extended as a result of a Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), Tenant may terminate this Lease by written notice to Landlord.
Appears in 1 contract
Sources: Lease Agreement
Early Access. Sublessor will allow Sublessee Provided that all conditions to the effectiveness of this Sublease have been satisfied, Sublandlord agrees to provide Subtenant with access to the Remainder Space (except for Suite 150) from Phase 1 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”) Phase 2 as soon as reasonably practicable for the sole purpose of performing designing, constructing and installing the Subtenant Improvements (defined in section 7) and the Building Modifications (defined in section 8) and otherwise preparing such Phases for Subtenant's occupancy. Similarly, Sublandlord agrees to provide Subtenant with access to Phase 3, for such purposes, as soon as reasonably practicable following the vacation of such Phase by its current occupant. Such access shall be on all of the terms and conditions of this Sublease except that (i) Subtenant's obligation to pay Base Rent applicable to a Phase shall commence on the Rent Commencement Date for each such Phase, (ii) Subtenant's obligation to pay Subtenant's Proportionate Share of Common Area Expenses and insurance, and Subtenant's obligation to pay Subtenant's share of utilities expenses shall commence on commencement of demolition or construction work by Subtenant in the Sublease Premises, and (iii) Subtenant's obligation to pay Subtenant's Proportionate Share of Real Property Taxes shall commence on the Commencement Date for each such Phase. All activities by Subtenant and its employees, agents, contractors, subcontractors and invitees in each Phase prior to the Commencement Date for such Phase shall be conducted in accordance with the terms of this Sublease and in a manner so as to minimize any initial improvements and installation disruption to the operations of furniture, fixtures, equipment Sublandlord or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain subtenants in the prior consent of Lessor and Sublessor to such items Building. Notwithstanding anything herein to the extent required by the Master Lease or this Sublease). Sublessee contrary, Subtenant shall not be obligated provided with early access 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 Phase pursuant 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 this subsection 2(c) unless and until it provides proof (i) all conditions precedent to this Sublease have been satisfied, (ii) Subtenant has deposited with Sublandlord the cash portion and the Letter of insurance meeting Credit portion of the requirements Security Deposit (as provided in section 4), (iii) Subtenant has paid to Sublandlord the Base Rent due for the first month of the Sublease applicable to the Remainder Space Term (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, as provided in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”section 3), which date shall and (iv) Subtenant has provided to Sublandlord evidence of all insurance required to be extended on a day for day basis maintained 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 DateSubtenant under this Sublease.
Appears in 1 contract
Sources: Sublease Agreement (Deltagen Inc)
Early Access. Sublessor will allow Sublessee access Subject to all Legal Requirements (as defined below) and Section 1(J) above, Tenant shall be permitted to enter into the Remainder Space Premises (except for Suite 150or any portion thereof) from on the date that Landlord causes the Substantial Completion of the Tenant Improvements (as reasonably determined in writing by Landlord) or such earlier date as is mutually acceptable to Landlord and after the Vivarium Commencement Date and continuing through the Expansion Commencement DateTenant, 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 installing its furniture, trade fixtures, equipment or other leasehold improvements including but not limited data and telephone cabling, and equipment. Landlord shall continue to telephones, computer wiring and networking cable (provided that Sublessee will obtain diligently pursue the Substantial Completion of the Tenant Improvements following any early entry by Tenant prior consent of Lessor and Sublessor to such items Substantial Completion. If Tenant enters the Premises prior to the extent required by Substantial Completion of the Master Lease or Tenant Improvements pursuant to this SubleaseSection 2(a). Sublessee , then Tenant shall not be obligated deemed to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment have waived its termination right set forth in Section 5.3.2 of utilities for the Remainder Space commencing Exhibit B attached hereto as of the first day Sublessee accesses date of such entry, and Tenant shall not unreasonably interfere with or delay the Remainder Space. Utility costs for work of Landlord and/or its contractors or consultants, and Tenant shall coordinate and cooperate with Landlord, and Tenant shall cause Tenant's employees, vendors, and consultants to work in harmony with Landlord and Landlord's contractors and consultants to minimize any interference or delay with respect to the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area construction of the Remainder Space each party has Tenant Improvements. Such early entry in and of itself will not advance the right Rent Commencement Date unless Tenant commences to use conduct business from within the Premises (in relation to which case the total rentable area Rent Commencement Date shall immediately occur). All of the Remainder Spaceprovisions of this Lease shall apply to Tenant during any early entry, as reasonably determined by Sublessor. Sublessee will not be permitted to enter including, without limitation, the Remainder Space unless and until it provides proof of insurance meeting indemnities set forth in this Lease, but excluding only 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)Base Rent and Direct Costs until the Rent Commencement Date has occurred. Notwithstanding the foregoing, Tenant shall be responsible for payment of all utility costs with respect to the Premises during Tenant's early occupancy that are attributable to Tenant's activities in the event that Sublessor has Premises (as reasonably determined by Landlord) and shall pay such costs to Landlord within thirty (30) days after demand from time to time. During any such early entry, Landlord shall not tendered delivery of be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Remainder Space Premises or for any injury to Sublessee on Tenant or before November 1its agents, 2018 (employees, contractors, subcontractors, subtenants, assigns, licensees or invitees, except for property damage and personal injury to the “Outside Date”), which date shall be extended on a day for day basis by delays extent caused by Sublessee’s acts the negligence or omissions (includingwillful misconduct of Landlord or Landlord's employees, without limitation, failure agents or contractors. Landlord shall have the right to post appropriate notices of non-responsibility and to require Tenant 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 Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateprovisions of this Lease.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee Prior to the date the Landlord Work is Substantially Complete, Tenant’s access to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement DatePremises, 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 improvements or installing furniture, equipment or other personal property, shall be permitted only with the prior written consent of Landlord. Except as set forth in this section, early access to the Premises shall be subject to the terms and conditions of this Lease. If such early access to the Premises is permitted by Landlord, Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses for any initial improvements days of such early access; provided however, Tenant shall pay for the cost of any other Project services requested by Tenant. In connection with the foregoing, Landlord agrees that Tenant may enter the Premises prior to Substantial Completion of the Landlord Work for the sole purpose of inspecting Landlord’s Work and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable all related network and telecommunications cabling (the “Early Entry”) provided that Sublessee will obtain such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the prior consent Premises, and further provided that such Early Entry shall be subject to all of Lessor the terms and Sublessor to such items to the extent required by the Master conditions contained in this 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 (other than the payment of utilities for the Remainder Space commencing as Base Rent and Tenant’s Pro Rata Share 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”Excess Operating Expenses), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall provide proof Landlord with certificates of insurance) insurance or Force Majeure eventsother evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, then Landlord may terminate Tenant’s right to Early Entry, and any delay in the Landlord Work attributable to such Early Entry will be deemed a Tenant Delay 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 Dateprovided in this Lease.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee 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 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 installing, at Tenant’s sole cost and installation of 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 other leasehold improvements including but not limited otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to telephones, computer wiring and networking cable (provided that Sublessee will obtain Landlord’s representative. The foregoing license to enter the Premises prior consent of Lessor and Sublessor to such items to the extent required 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 Master 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 or except as expressly set forth in this Sublease)Section 41.1. Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during 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 Tenant shall have no obligation to pay utility costs)Basic Rent, Operating Expenses or Real Property Taxes. Notwithstanding 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 foregoing, same being solely at Tenant’s risk. All costs and expenses in the event that Sublessor has not tendered delivery connection with or arising out of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date performance of any work by Tenant during such early entry shall be extended on a day 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 its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for day basis by delays caused by Sublessee’s acts workers’ compensation) to the extent arising out of or omissions in connection with any and all work during such early entry (including, without limitationbut not limited to, failure to provide proof claims for breach of insurance) warranty, personal injury or Force Majeure eventsproperty damage). Landlord shall have the right, then as Sublesseein Landlord’s sole remedyand absolute discretion, Sublessee shall receive one (1) day to settle, compromise, or otherwise dispose of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery any and all suits, claims, and actions against any of the Remainder Spaceindemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, which abatement except as expressly set forth in this Section 41.1, such entry shall be applied to made in compliance with all terms and conditions of this Lease and the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Early Access. Sublessor will allow Sublessee access In addition, Landlord hereby agrees that, notwithstanding the provisions of Section 1.2.2 of the Lease, regardless of whether the Tenant Improvements are substantially complete or a certificate of occupancy (or its equivalent) shall have been issued by the appropriate governmental authorities for the Premises at such time, Landlord shall permit Tenant and its agents to enter the Premises commencing on June 11, 2020, or such later date prior to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through in Tenant's sole discretion (such entry, the Expansion Commencement Date"Early Access"), 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 installing, at Tenant's sole cost and installation of expense, its furniture, fixtures, equipment or and cabling in the Premises and to store other leasehold improvements including but not limited to telephonespersonal assets of Tenant. In particular, computer wiring Early Access shall include, and networking cable (provided that Sublessee will obtain Tenant shall be given access to, Storage R▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇ and Server Room 413 within the prior consent of Lessor and Sublessor to such items Premises. Landlord shall also give Tenant access to the extent required by mail room within the Master Lease or this Sublease)Building upon the Early Access. Sublessee The Early Access shall not change the Commencement Date and shall not be obligated deemed early occupancy during the Beneficial Occupancy Period under Section 1.2.2 of the lease and Tenant’s rights to pay any Base Rent or Operating Expenses for the Remainder Space during Beneficial Occupancy Period under Section 1.2.2 of the Lease, if any, shall continue to apply in addition to the Early Access Periodprovided under this Section 2 . Upon the Early Access, but will be responsible for the payment of utilities for the Remainder Space commencing as all of the first day Sublessee accesses terms and conditions of the Remainder SpaceLease shall apply except that Tenant's obligation to pay monthly Base Rent, Expenses, Taxes or other fees or expenses to Landlord (other than amounts for above standard services requested by Tenant under Section 5.2 of the Lease) shall not apply until the Commencement Date. Utility costs for the Remainder Space during Tenant shall coordinate the Early Access Period will with Landlord's building manager and, except as expressly set forth in this Amendment, such entry shall be pro-rated between Sublessee made in compliance with all terms and Sublessor based upon the approximate rentable area conditions of the Remainder Space each party has Lease and the right Rules and Regulations attached thereto. Landlord shall deliver to Tenant the necessary Building (including mailroom box) and Premises entry keys or similar access devices or codes to enable the Early Access and access and use in relation to the total rentable area of the Remainder Space, as reasonably determined by SublessorBuilding mailroom. Sublessee will not be permitted The foregoing license to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable Premises prior to the Remainder Space (but failure to provide proof of insurance will Commencement Date is conditioned upon Tenant's contractors and their subcontractors and employees working in harmony and not affect Sublessee’s obligation to pay utility costs). Notwithstanding interfering with the foregoing, work being performed in the event that Sublessor has not tendered delivery of Building and in the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date Premises. Tenant shall be extended on a day liable for day basis by delays any damages caused by Sublessee’s acts or omissions (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, failure 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 provide proof Landlord, with certificates of insurance) such insurance being furnished to Landlord prior to proceeding with any such entry. Landlord shall not be liable in any way for any injury, loss 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 damage which may occur by reason of the Remainder SpaceEarly Access, which abatement 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 pursuant to the Early Access shall be applied 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 its work. Except to the monthly Base Rent otherwise payable extent arising from the gross negligence or willful misconduct of Landlord, Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys' fees and claims for workers' compensation) to the first extent arising out of or in connection with any and all work during such Early Access (1st) month after the Expansion Commencement Date.including, but not limited to, claims for breach of warranty, personal injury or property
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space terms of this Section 2.3, and provided that this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, the L-C (except for Suite 150as defined in Section 21.1), and insurance certificates required hereunder, Landlord grants Tenant the right to enter (i) from and after the Vivarium Commencement Phase I Premises as of the date on which Landlord delivers the entirety of the Phase I Premises to Tenant in the Delivery Condition (the “Phase I Premises Delivery Date”); provided that in no event shall the Phase I Premises Delivery Date and continuing through be prior to the Expansion Commencement Target Phase I Premises Delivery Date, and will allow Sublessee (ii) the Phase II Premises as of the date on which Landlord delivers no less than seven (7) full floors of the Phase II Premises to Tenant in the Delivery Condition (the “Phase II Premises Delivery Date”); provided that in no event shall the Phase II Premises Delivery Date be prior to the Target Phase II Premises Delivery Date and provided further that if Landlord delivers less than the entirety of the Phase II Premises on the Phase II Premises Delivery Date, Landlord shall deliver the remainder of the Phase II Premises promptly upon Landlord’s possession of same. Landlord shall not be permitted to deliver less than seven (7) full floors of the Phase II Premises on the Phase II Premises Delivery Date. Tenant’s early access pursuant to this Section 2.3 shall be at Tenant’s sole risk, solely for the purpose of performing the Improvements (as defined in Exhibit B attached hereto), installing telecommunications and data cabling, equipment, furnishings and other personalty and moving into the Phase I Premises and the Phase II Premises. Such possession prior to the Lease Commencement Date shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay for freight elevator usage, security, access to Suite 150 from and after November 1loading docks, 2018 and continuing through utilities, HVAC (as such term is defined in Section 6.1.1 below), Base Rent or Tenant’s Share of Direct Expenses with respect to the Expansion period of time prior to the applicable Lease Commencement Date during which Tenant occupies the Premises solely for such purposes (the “Early Access Construction 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 Landlord fails to deliver at least seven (7) floors of the Phase II Premises on the Phase II Premises Delivery Date, the Construction Period for the floors of the Phase II Premises delivered after the Phase II Premises Delivery Date shall be extended by the Master Lease or this Sublease). Sublessee number of days in the period commencing on the Phase II Premises Delivery Date and ending on the actual date of delivery of such floors; provided, however, that during the Construction Period Tenant shall not be obligated to pay (a) the costs and expenses, calculated in accordance with the TCCs of Section 6.2, associated with 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 HVAC provided to Tenant after Building Hours (as of the first day Sublessee accesses the Remainder Space. Utility defined below) at Tenant’s request and (b) Landlord’s reasonable 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 expenses to provide proof of insurance will not affect Sublesseeany additional Building security after Building Hours required due to any reasonable increased risk to property at the Building from Tenant’s obligation to pay utility costs)construction activities as mutually agreed upon by Landlord and Tenant or as may otherwise be required by applicable Law. Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery if Tenant takes possession of the Remainder Space Phase I Premises prior to Sublessee on or before November 1the Phase I Premises Lease Commencement Date and/or the Phase II Premises prior to the Phase II Premises Lease Commencement Date for the conduct of Tenant's business, 2018 (the “Outside Date”), which date Tenant’s possession thereof shall be extended subject to the terms and conditions of this Lease and Tenant shall pay Base Rent and any other Rent applicable to such portion of the Phase I Premises and/or the Phase II Premises (on a day for day basis suite by delays caused by Sublessee’s acts or omissions (including, without limitation, failure suite basis) and payable hereunder 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 Landlord for each day after of possession following the Outside Date (as extended) date upon which Tenant commences conduct of business on such portion of the Premises until the date Sublessor tenders delivery of Phase I Premises Lease Commencement Date and/or the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Phase II Premises Lease Commencement Date, as applicable. During any period of such early access as set forth in this Section 2.3, in no event may Tenant cause a dangerous situation for Landlord, Tenant or their respective contractors or employees. Said early possession shall not advance the Lease Expiration Date.
Appears in 1 contract
Sources: Office Lease (Okta, Inc.)
Early Access. Sublessor will allow Sublessee Prior to the date the Landlord Work is Substantially Complete, Tenant’s access to the Remainder Space (except for Suite 150) from and after Premises shall be permitted only with the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee prior written consent of Landlord. Early access to Suite 150 from the Premises shall be subject to the terms and after November 1conditions of this Lease and Tenant shall pay Rent (defined in Section 4.A) to Landlord for each day of such early access. However, 2018 and continuing through if such early access to the Expansion Commencement Date (“Early Access Period”) Premises is permitted by Landlord for the sole purpose of performing any initial improvements and installation of or installing furniture, fixtures, equipment or other leasehold improvements including but not limited to telephonespersonal property, 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 Tenant shall not be obligated required to pay any Base Rent or and Tenant’s Pro Rata Share of Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the Remainder Space during cost of any other Building services requested by Tenant (e.g., freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises no more than 15 days prior to the anticipated Commencement Date for the sole purpose of installing furniture, fixtures and equipment (the “Early Access PeriodEntry”) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, but will and further provided that such Early Entry shall be responsible for subject to all of the terms and conditions contained in this Lease (other than the payment of utilities for the Remainder Space commencing as Base Rent and Tenant’s Pro Rata Share 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”Excess Operating Expenses), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall provide proof Landlord with certificates of insurance) insurance or Force Majeure eventsother evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, then Landlord may terminate Tenant’s right to Early Entry, and any delay in the Landlord Work attributable to such Early Entry will be deemed a Tenant Delay 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 Dateprovided in this Lease.
Appears in 1 contract
Sources: Office Lease (Varolii CORP)
Early Access. Sublessor will allow Sublessee So long as Landlord has received from Tenant (i) the first month’s Base Rent due pursuant to Section 3 of this Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access to the Remainder Space Premises no less than fifteen (except for Suite 15015) from and after days prior to 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 Lease Commencement Date (the “Early Access Period”) for the sole purpose purposes of performing any initial improvements and installation of installing Tenant’s furniture, fixtures, and equipment or other leasehold improvements including but not limited to telephones, computer wiring (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items expense. Tenant’s access to the extent required by Premises during the Master Lease or Early Access Period shall be subject to all terms and conditions of this Sublease). Sublessee Lease, except that Tenant 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 until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and Sublessor based upon to cooperate with Landlord during the approximate rentable area period of any such early access so as not to interfere with Landlord in the completion of the Remainder Space each party has Tenant Improvements in the right to use in relation Premises. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the total rentable area Premises until the Tenant Improvements are substantially completed, in which event Tenant shall promptly surrender any keys or other means 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 access 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 Premises and otherwise payable for the first (1st) month after the Expansion Commencement Datecomply with such denial.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Remainder Space Premises approximately thirty (except for Suite 15030) from and after days prior to 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 Lease Commencement Date (“the "Early Access Period”") only for the sole purpose purposes of performing any initial improvements and installation of installing Tenant's furniture, fixtures, cabling and telecom equipment or other leasehold improvements including but not limited to telephones, computer wiring ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items expense. Tenant's access to the extent required by Premises during the Master Lease or Early Access Period shall be subject to all terms and conditions of this Sublease). Sublessee Lease; provided, however, Tenant shall not be obligated to pay any Base Rent or Operating Tenant's Share of Direct 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 Premises during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon until the approximate rentable area Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Remainder Space each party has Premises until the right Lease Commencement Date. Tenant agrees to use provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in relation the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the total rentable area Premises until such access may be given without materially interfering with Landlord in the completion 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 DateTenant Improvements.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee Following full execution of this Sublease, Sublandlord shall provide Subtenant with early access to the Remainder Space Subleased Premises commencing on October 16, 2017 (the “Access Date”). Such early occupancy shall be subject to all of the terms and conditions of this Sublease, 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 SublesseeSubtenant’s obligation to pay utility costs)Sublease Base Rent, which obligation shall commence upon the Sublease Commencement Date. Notwithstanding Such period of early occupancy, if any, shall commence on the foregoing, in Access Date and continue through the event that Sublessor has not tendered delivery of date immediately preceding the Remainder Space to Sublessee on or before November 1, 2018 Sublease Commencement Date (the “Outside DateEarly Occupancy Period”). During the Early Occupancy Period, which date Subtenant may enter the Subleased Premises for the purpose of general business setup, including installation of fixtures, furniture, equipment, telephones, data lines and other telecommunications equipment, and for 10 – 15 of Tenant’s general, finance and administration employees to use the Subleased premises during the Early Occupancy Period for office purposes; provided, however, that (a) Subtenant shall be extended on a day solely responsible for day basis all fixtures, furniture, equipment, telephones and other items installed by delays caused by Sublessee’s acts Subtenant and for any loss or omissions damage thereto from any cause whatsoever and (includingb) Subtenant shall not begin any construction or demolition in the Subleased Premises without the prior written approval of Sublandlord and Master Landlord. Subject to Section 10.2 below, without limitation, failure to provide proof the provisions 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 Sections 9 and 23 of the Remainder SpaceMaster Lease shall apply in full during the Early Occupancy Period, which abatement and Subtenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Subtenant and its agents and contractors, reasonably satisfactory to Sublandlord, prior to and as a condition of such early entry, and (y) comply with all Laws applicable to Subtenant’s activities in the Subleased Premises during the Early Occupancy Period. Subtenant acknowledges and agrees that Sublandlord may be applied completing the process of moving its personnel and personal property out of the Subleased Premises during the Early Occupancy Period. Sublandlord and Subtenant shall cooperate with one another to coordinate use of the Subleased Premises during the Early Occupancy Period to facilitate efficient completion of Subtenant’s move-out with Subtenant’s access to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateSubleased Premises as provided above.
Appears in 1 contract
Sources: Sublease (Model N, Inc.)
Early Access. Sublessor will allow Sublessee access Commencing fifteen (15) days prior 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 Lease Commencement Date (the “Early Access Period”), and so long as (i) this Lease has been fully executed and delivered by the parties hereto, (ii) Landlord has received the first (1st) monthly installment of Base Rent pursuant to Article 3 below, (iii) Landlord has received the Letter of Credit pursuant to the Letter of Credit Rider attached hereto, and (iv) Landlord has received insurance certificates evidencing that Tenant is carrying the insurance required to be carried by Tenant pursuant to the terms of Article 10 below, Tenant shall have the right to access the Premises for the sole purpose of performing any initial improvements and the installation of Tenant’s furniture, fixturesfixtures and equipment therein; provided, equipment however, that during such Early Access Period, all of the terms and conditions of this Lease shall apply, including, without limitation, Tenant’s obligation to pay to Landlord all sums and charges required to be paid by Tenant under this Lease, including, without limitation, charges for additional services provided to the Premises so accessed pursuant to Sections 6.1.2 and 6.2 of this Lease. Further, any work to be performed by Tenant or its contractors within the Premises shall be performed in strict accordance with the terms of Article 8 of this Lease, including obtaining Landlord’s prior approval of plans for any cabling, wiring or other leasehold improvements including but not limited work which may affect systems or structure or be visible from outside the Premises and causing all contractors to telephones, computer wiring comply with the Project’s construction rules and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items regulations. Subject to the extent required by foregoing, during such Early Access Period, so long as Tenant does not commence business operations from the Master Lease or this Sublease). Sublessee Premises, Tenant shall not be obligated to pay any Base Rent or Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs (as such terms are defined in Article 4 below) for the Remainder Space Premises so accessed by Tenant until the occurrence of the Lease Commencement Date (and no such Base Rent nor Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs shall accrue during the such 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.
Appears in 1 contract
Sources: Office Lease (InterPrivate III Financial Partners Inc.)
Early Access. Sublessor will allow Sublessee Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall have reasonable 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 Premises or any portion thereof (“Early Access PeriodAccess”): (i) for during completion of the sole purpose of performing any initial improvements and Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring; and (ii) no less than fourteen (14) days prior to Substantial Completion to coordinate installation of Tenant’s furniture, fixtures, fixtures and 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 such installation is allowed by the Master Lease or this Sublease). Sublessee shall not be obligated City of Austin prior to pay issuance of a certificate of occupancy; provided in any Base Rent or Operating Expenses for the Remainder Space during the such case Tenant’s Early Access Perioddoes not unreasonably interfere with, but will or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for the payment of utilities for the Remainder Space commencing as all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the first day Sublessee accesses Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their applicable permits and perform their work in conjunction with 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 Leasehold Improvements so as not to delay completion of the Remainder Space each party has the right Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s reasonable instructions and directions so that Tenant’s early entry does not unreasonably interfere with or delay any work to use in relation be performed by Landlord. Any delay resulting from Early Access, including without limitation due to the total rentable area of the Remainder Spacea Tenant vendor’s work delaying Landlord’s ability to obtain its permits, 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 deemed 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 DateTenant Delay.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access (1) Upon execution and delivery of this Lease (and prior to the Remainder Space Effective Date (except as defined below) and the Commencement Date), Tenant shall be permitted to enter the Premises for Suite 150) from the purpose of commencing (and after the Vivarium Commencement Date and continuing through the Expansion Commencement Effective Date, completing) the Tenant Improvements (following approval of the same by Landlord) and will allow Sublessee access installing Tenant’s furniture, fixtures (including, without limitation, cable installation) and equipment and otherwise preparing the Premises for Tenant’s occupancy. For purposes of this Paragraph 3(d), the period prior to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Effective Date (shall be referred to as the “Early Access Period”) for .” Such entry onto 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 Premises prior consent of Lessor and Sublessor to such items to the extent required by Commencement Date shall be at Tenant’s sole risk and subject to all 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 Periodterms and provisions hereof, but will be responsible except for the payment of utilities for Rent which shall not commence until the Remainder Space commencing as of Commencement Date; provided, however, that Tenant’s entry onto the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space Premises during the Early Access Period will shall be pro-rated between Sublessee subject only to those provisions in this Lease relating to the construction and Sublessor based upon the approximate rentable area installation of the Remainder Space each party has the right to use in relation Tenant Improvements and 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 costsother provisions set forth in this Paragraph 3(d). Notwithstanding the foregoing, Tenant shall pay prior to delinquency the cost of any utility services provided to Tenant during the Early Access Period and at any time prior to the Commencement Date, which payment shall be made directly to the utility service provider. Landlord shall have the right to impose such additional reasonable conditions on Tenant’s early entry as Landlord shall deem appropriate.
(2) During the Early Access Period, (i) Landlord shall maintain the insurance required to be maintained by Landlord pursuant to Paragraph 13 and Tenant shall maintain commercial liability insurance in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”such form and in such amount as required under Paragraph 14(a), which date (ii) Tenant shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions indemnify, defend and hold harmless Landlord and its Agents (as defined below) against and from any and all claims, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, failure reasonable attorneys’ fees) (collectively, “Claims”) arising from the construction and installation of the Tenant Improvements by Tenant or any other activity done, permitted or suffered by Tenant, its Agents or independent contractors in and about the Premises, the Building or the Property and/or with respect to provide proof any action or proceeding brought on account of insurancethe foregoing, and (iii) Landlord shall indemnify, defend and hold harmless Tenant and its Agents against and from any and all Claims arising from the negligence or Force Majeure eventswillful misconduct of Landlord or its Agents and/or with respect to any action or proceeding brought on account of the foregoing. If any action or proceeding is brought against Landlord or Tenant, as the case may be, by reason of any Claim against such party, upon written notice from the party against whom any such Claim is brought, the other party shall defend the same at its expense by counsel reasonably satisfactory to the party against whom any such Claim is brought. The foregoing indemnity shall not relieve any insurance carrier of its obligations under any policies required to be carried by either party to the extent that such policies cover the peril or occurrence that results in the Claim that is subject to the foregoing indemnity. The foregoing indemnity shall be effective only during the Early Access Period and shall survive the termination of the parties’ obligations pursuant to subparagraph (3) below.
(3) Notwithstanding the terms and provisions of Paragraph 47, the terms and provisions of this Paragraph 3(d) shall be effective and otherwise binding upon the Landlord and Tenant immediately upon execution and delivery of this Lease by Landlord and Tenant; provided, that, if the Effective Date has not occurred on or prior to September 20, 2006 and, as a result, either party shall have elected to terminate this Lease pursuant to Paragraph 47, Tenant shall cease all work with respect to the Tenant Improvements and, upon Landlord’s request, remove any Tenant Improvements installed by Tenant and repair any damage and perform any restoration work caused by such removal within ten (10) days following the cessation of such work (the “Early Access Restoration”). Upon completion by the Tenant of the Early Access Restoration (and subject to the survival of the indemnities as provided in subparagraph (2) above), the parties hereto shall have no further obligations under this Paragraph 3(d).
(4) Upon execution and delivery of this Lease, Tenant shall remit to Landlord a deposit in the amount of $153,400 (the “Early Access Deposit”) which shall constitute a security deposit for the performance by Tenant of any Early Access Restoration which it may be obligated to perform pursuant to subparagraph (3) above. If Early Access Restoration is required hereunder and Tenant fails to complete and pay for the cost of such Early Access Restoration as required under subparagraph (3) above, then as Sublessee’s sole remedy, Sublessee Landlord shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery be entitled to apply all or any portion of the Remainder SpaceEarly Access Deposit to the payment of any costs or expenses incurred by Landlord to complete any Early Access Restoration which has not been completed and/or paid for by Tenant. Notwithstanding the foregoing, which abatement Tenant’s obligation to perform any Early Access Restoration and pay for the cost of same shall not be limited to the amount of the Early Access Deposit. If the Effective Date shall have occurred and as a result, no Early Access Restoration shall be required hereunder, then the Early Access Deposit shall be applied to or credited against the monthly payment of Base Rent otherwise payable and Additional Rent for the first (1st) month after of the Expansion Commencement DateTerm which is due and payable by Tenant pursuant to Paragraph 4(a).
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Dateterms of this Section 2.06, 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 all other applicable provisions 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 this 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, Article 7 of this Lease), Landlord will permit Tenant and its agents to enter the Leased Premises prior to the Commencement Date: (a) in order to perform through its own contractors (to be first approved by Landlord) such other work and decorations as Tenant may desire at the same time that the Landlord Work is being performed in the Leased Premises (including, without limitation, the work contemplated by Section 7.04(a) of this Lease, the installation of racking and distribution-related equipment, and the installation of machinery and assembly lines); and (b) if, and only if, Tenant is able to obtain a temporary certificate of occupancy and any other necessary approvals from any applicable governmental authorities permitting such activities within the Leased Premises notwithstanding the fact that the Landlord’s Work will not then be complete, to operate a distribution facility within the Leased Premises. Landlord will not unreasonably withhold, condition or delay its approval of Tenant’s contractors. If Landlord fails to respond to any request by Tenant for approval of any contractors within five (5) business days after its receipt of such request, Landlord shall be deemed to have disapproved such contractors. However, if Landlord is deemed to have disapproved such contractors by reason of Landlord’s failure to timely notify Tenant in writing of Landlord’s approval or disapproval, Tenant may provide proof Landlord with written notice of insurancesuch failure to respond (the “Second Notice”), which, in order to be effective, must clearly, conspicuously and in bold type face set forth the following statement at the top of the first page of the Second Notice: “SECOND NOTICE! THE FAILURE OF LANDLORD TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER THE RECEIPT OF THIS SECOND NOTICE BY LANDLORD SHALL BE DEEMED TO BE APPROVAL OF THE PROPOSED CONTRACTORS.” If Landlord should fail to notify Tenant in writing of its election as to such proposed alterations within five (5) business days after receipt of such Second Notice, Landlord shall be deemed to have approved the applicable contractors. The foregoing license to enter and conduct such activities prior to the Commencement Date, however, is conditioned upon Tenant’s workmen and contractors working in harmony with and not interfering with the labor employed by “Contractor” (as defined in the Work Letter), Landlord, Landlord’s mechanics or contractors or by any other tenant(s) or Force Majeure eventstheir contractors, then as Sublesseeand not impeding or interfering with Landlord’s Work, or the progress thereof. Such access shall at all times be subject to the control and reasonable restrictions of Landlord. If Landlord determines that any such interference, conflict or delay has been or may be caused, and if Tenant fails to cease such interference, conflict or delay within two (2) business days after notice to Tenant (which notice may be given by telephone to _____________ or electronic mail to _____________), Landlord shall have the right to withdraw permission to enter the Leased Premises upon twenty-four (24) hours’ written notice to Tenant. Such entry shall be deemed to be under all of the terms, covenants, provisions and conditions of this Lease. However, Tenant agrees that any such entry into, and all activities conducted by Tenant within, the Leased Premises shall be at Tenant’s own risk and Landlord shall not be liable in any way for any injury, loss or damage which may occur to Tenant, including, without limitation, to any of Tenant’s property or installations made in the Leased Premises. Tenant further agrees to protect, defend, indemnify and save harmless Landlord and its beneficiaries and agents from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or Tenant’s contractors in or about the Leased Premises or Building during the performance of Landlord’s Work, including, without limitation, the cost of any repairs to the Leased Premises or Building necessitated by the activities of Tenant’s contractors. In addition, prior to the initial entry into the Building or the Leased Premises by Tenant and by each of Tenant’s contractors, Tenant shall furnish Landlord, at Tenant’s sole remedycost, Sublessee with policies of insurance covering Landlord, its beneficiaries and agents, as insured parties, with such coverages and in such amounts as Landlord may then require in order to insure Landlord, its beneficiaries or agents against loss or liability for injury or death or damage to property arising out of or connected with any activities of Tenant or Tenant’s contractors. If Tenant’s contractors or anyone employed by Tenant shall receive one cause a delay in completing Landlord’s Work (1) day regardless of Base Rent abatement for each day after whether or not Tenant ceases such delay within the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Spacetime period set forth above), which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateTenant agrees that such delay will constitute a Tenant Delay.
Appears in 1 contract
Sources: Lease (Purple Innovation, Inc.)
Early Access. Sublessor will allow Sublessee access Tenant shall be permitted to enter the Premises prior 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 (“the "Early Access Period”") for purposes of installing Tenant's cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant's entry into the sole Premises during the Early Access Period shall be subject to and conditioned upon Tenant's coordination of such entry with Landlord and Landlord's general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of performing attempting to avoid any initial improvements delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures, fixtures and equipment or other leasehold improvements including but not limited shall be subject to telephones, computer wiring all of the terms and networking cable (provided that Sublessee conditions of this Lease. Tenant 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 rent during the Early Access Period. In no event shall Tenant or Tenant's employees, but will be responsible for agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the payment nature 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 such interference, Landlord shall have the right to use in relation terminate Tenant's early access. Other than with respect to the total rentable area gross negligence of Landlord or Landlord's agents, Tenant hereby releases and discharges Landlord and Landlord's employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Remainder SpacePremises during any period of early access, as reasonably determined by Sublessor. Sublessee will not construction and other activities may 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 Dateongoing.
Appears in 1 contract
Sources: Office Lease (Zogenix Inc)
Early Access. Sublessor will Sublandlord agrees to cooperate with Subtenant to allow Sublessee Subtenant access to the Remainder Space (except for Suite 150) Initial Premises from and after the Vivarium Commencement day following the Consent Date to the Delivery Date and continuing through deliver exclusive possession of the Expansion Commencement Initial Premises, including the Data Room (but excluding the Lab Space), on the Delivery Date, for design and will allow Sublessee access to Suite 150 from construction purposes and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose purposes of performing any initial improvements and the installation of furniture, fixtures, fixtures and equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain preparing 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 Initial Premises 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 occupancy (the “Outside DateEarly Access Activities”), 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 provided that Subtenant has first given Sublandlord at least one (1) day business day’s prior notice of any such access (for access prior to the Delivery Date only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access (a) shall be solely for the Early Access Activities and not for the purposes of occupancy or possession of the Initial Premises, or of conducting business therein, and (b) shall be subject to and upon all the terms and conditions of this Sublease (including without limitation Section 11 hereof), except that Subtenant shall have no obligation to pay Base Rent abatement or Additional Rent for each day after the Outside Date period prior to the Initial Premises Commencement Date; provided, however, that if Subtenant’s pursuit of the Early Access Activities causes an increase of more than ten percent (10%) in the cost of utilities (including without limitation water, electricity, heat or air conditioning) allocable to the Initial Premises on a square-foot basis (as extendedcompared to the average cost for such utilities over the prior three (3) until months), Subtenant shall reimburse Sublandlord for such increase in the date Sublessor tenders delivery cost of the Remainder Spaceutilities within thirty (30) days following Sublandlord’s presentation of an invoice therefor (including reasonable supporting documentation), which abatement invoice shall be applied presented to Subtenant within fifteen (15) days following each month of such Early Access Activities. The Early Access Activities shall be performed between the monthly Base Rent otherwise payable for hours of 6:00 a.m. and 5:00 p.m. on business days, and shall be coordinated with Sublandlord. Subtenant’s early access shall not affect or alter the first (1st) month after Initial Premises Commencement Date, the Expansion Premises Commencement Date, the Expiration Date, or the Term.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee 26.1 Subject to the Landlord having vacant possession of each relevant part of the Premises and completing the Landlord’s Works prior to the Commencement Date and compliance by the Tenant with the conditions of this clause 26, the Landlord agrees to permit the Tenant access to the Remainder Space (except for Suite 150) from and after Premises prior to 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 enabling the Tenant to commence the Tenant’s Works.
26.2 The Tenant is 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 liable for the payment of utilities any rent or outgoings prior to the Commencement Date but will be liable for the Remainder Space commencing as cost of all consumable Building Services under clause 4.6(a)(i) from the date access is provided.
26.3 The use and occupation by the Tenant of the first day Sublessee accesses Premises until the Remainder Space. Utility costs Commencement Date will be solely for the Remainder Space during purposes of carrying out the Early Access Period Tenant’s Works and will be pro-rated between Sublessee at the Tenant’s risk in all respects and Sublessor based upon subject to the approximate rentable area Tenant accepting liability for the Premises during such times as this access and use occurs (including, in particular, the insurance risk and the obligation to comply with the requirements of the Remainder Space each party has the right to use all Authorities in relation to the total rentable area Premises and the Tenant’s use of it).
26.4 The Tenant must carry out the Tenant’s Works during normal working hours unless the Landlord in its discretion allows access at other times and in undertaking the Tenant’s Works must use its best endeavours to respect the right to quiet enjoyment of the Remainder Spaceother tenants in the Building and if (either as of right or by consent from the Landlord) the Tenant causes or permits to occur a nuisance or damage to the occupier or owner of adjoining or neighbouring premises, land or building or causes or permits to occur an event or events whereby the Landlord shall be liable for breach of covenant of quiet enjoyment to any other tenant of the Building then the Tenant shall be liable for all loss and damage so suffered by the Landlord or for which the Landlord is otherwise so liable to any third party (and the Tenant hereby indemnifies and agrees to keep indemnified the Landlord in respect thereof) and the Landlord shall be entitled to withdraw any such consent previously given and/or require the Tenant to cease the offending activity or modify the activity so that it no longer contravenes the requirements of this clause. Ref: PJM:1908926 ABL/▇▇▇▇▇▇▇▇▇
26.5 The Tenant will keep the Premises clean and tidy and whenever necessary from time to time whilst carrying out the Tenant’s Works and on completion of the Tenant’s Works will at its own expense remove from the Premises and the Building all waste and debris wrappings containers and residual materials which result from the Tenant’s Works and failing compliance the Landlord may do so and recover the cost from the Tenant.
26.6 The Tenant will prior to the commencement of the Tenant’s Works:
(a) provide evidence of the following insurances or will procure that any contractor employed by the Tenant will provide a certificate of currency of:
(i) WorkCover insurance policy for any person employed by the Tenant or its contractor as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting a “worker” in accordance with the requirements of the Sublease applicable Accident Compensation (WorkCover Insurance) Act 1993;
(ii) the Tenant’s insurance for Public Risk as required by clause 11 of this Lease; and,
(iii) a Contractor’s All Risk Insurance Policy in respect of the Tenant’s Works to the Remainder Space (but failure full value of it for the time being such policy to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, be in the event that Sublessor has not tendered delivery name of the Remainder Space Tenant (and noting the interest of the Landlord) for their respective interests.
(b) provide the Bank Guarantee required under the terms of clause 6.1 of this Lease; and,
(c) pay to Sublessee the Landlord or its agent on or before November 1, 2018 (signing this Lease 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 amount equal 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 monthly instalment of the Remainder Space, Rent and the Building Outgoings plus the GST attributable to it being the sum of $28,742.86 which abatement shall will be applied credited to the monthly Base Tenant’s account with the Landlord for payment of the Rent otherwise and Building Outgoings (plus GST) which will become payable for by the first (1st) month after Tenant to the Expansion Landlord following the Commencement DateDate of this Lease.
Appears in 1 contract
Sources: Lease (Capstone Dental Pubco, Inc.)
Early Access. Sublessor will allow Sublessee access From the date which is three (3) Business Days following the Date of this Lease to May 30, 2019 (and provided Landlord shall have received a copy of each of Tenant’s certificates of insurance therefor pursuant to Subsection 4.4.2 hereof) (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”) ), Tenant and its contractors shall have access to the Premises for the sole purpose purposes of planning and designing Tenant’s Work, provided that (i) Tenant shall not perform Tenant’s Work or any other alterations, additions or improvements during such period of early access and (ii) Tenant shall coordinate any such access with Landlord in advance. Commencing on June 1, 2019 (and provided Landlord shall have received a copy of each of Tenant’s certificates of insurance therefor pursuant to Subsection 4.4.2 hereof), Tenant and its contractors shall have access to the Premises for the purposes of designing, and after Tenant’s Plans (as defined in Section 3.2) have been approved by Landlord, performing any initial improvements and installation of Tenant’s Work (as defined in Section 3.2), installing furniture, fixturesfixtures and telecommunications equipment and otherwise preparing the Premises for Tenant’s occupancy, equipment or other leasehold improvements including but not limited to telephonesand commencing on June 1, computer wiring and networking cable (provided 2019, all obligations of Tenant under this Lease shall apply as if the term of this Lease had commenced, except 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 Tenant 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 have no obligation to pay utility costs)Annual Fixed Rent or to pay Additional Rent for Taxes or Operating Costs until the Commencement Date. Notwithstanding that the foregoingterm of this Lease shall not commence until the Commencement Date, in during such period of early access Landlord’s obligations under Sections 5.6 and 5.7 shall apply, and Landlord shall provide Tenant with access to the event that Sublessor has not tendered delivery loading dock and other common areas and facilities of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date Building and 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 furnish electricity and water to the monthly Base Rent otherwise payable for Premises as required by this Lease, as if the first (1st) month after the Expansion Commencement DateDate had occurred.
Appears in 1 contract
Sources: Lease Agreement (Pc Tel Inc)
Early Access. Sublessor will allow Sublessee Neither Tenant nor any person claiming by, through or under Tenant (collectively, the “Tenant Parties”) may enter the Premises for any purpose prior to the Commencement Date; provided, however, upon written request by Tenant (which may be made by email), Landlord shall, subject to the terms and conditions set forth in this Section 9, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Remainder Space Premises prior to the Expected Commencement Date. Any such access shall, prior to the date which is twenty-one (except for Suite 15021) from and after days preceding the Vivarium Commencement Date and continuing through the Expansion Expected 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”) be solely for the sole purpose of performing any initial improvements allowing Tenant to install its voice and installation data equipment and cabling in accordance at the appropriate times necessary to conform with the “critical path” of the Tenant Improvements, and on or after the date which is twenty-one (21) days preceding the Expected Commencement Date, for the additional purpose of installing in the Premises Tenant’s furniture, fixtures, and equipment or other leasehold improvements including but not limited as may be necessary to telephonesmake the Premises ready for Tenant’s use and occupancy (as applicable, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor “Tenant’s Pre-Occupancy Work”). Tenant shall deliver to such items Landlord Tenant’s written request for early access to the extent required by the Master Lease or this Sublease). Sublessee shall Premises 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 less than one (1) business day of Base Rent abatement for each day after the Outside Date (as extended) until prior to the date Sublessor tenders on which Tenant desires such access and such notice shall be accompanied by each of the following items: (i) the names and addresses of all Tenant Parties who will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work; and (ii) certificates of insurance evidencing such coverages reasonably required by Landlord to be maintained by contractors and occupants in the Building. Any and all access to the Premises and the performance of the Tenant’s Pre-Occupancy Work shall be subject to Landlord’s reasonable scheduling requirements. Tenant shall cause all Tenant Parties to observe all construction rules and regulations promulgated by Landlord from time to time in connection with the performance of work in the Building. If at any time any Tenant Party shall fail to observe such rules and regulations, then Landlord may revoke such license with respect to the offending Tenant Party immediately upon notice to Tenant. Tenant’s Pre-Occupancy Work shall be performed at Tenant’s sole risk, cost and expense and no delay in the delivery of the Remainder SpacePremises to Tenant caused by Tenant’s entry to the Premises or Tenant’s Pre-Occupancy Work shall delay the Commencement Date. Landlord shall not be liable for any injury, loss or damage which may occur to Tenant’s Pre-Occupancy Work (including without limitation any property of Tenant placed in the Premises) and Tenant shall indemnify and hold harmless Landlord for any damage to Tenant’s Pre-Occupancy Work, the Premises or to any portion of the Tenant Improvements arising from Tenant’s Pre-Occupancy Work or otherwise caused by any Tenant Party. Upon written request by Tenant prior to the installation of Tenant’s Pre-Occupancy Work, Landlord agrees to provide a written list of any improvements constituting part of Tenant’s Pre-Occupancy Work that Landlord will require Tenant to remove from the Premises at the end of the Lease Term. At the end of the Lease Term, Tenant shall not be required to remove any improvements constituting part of Tenant’s Pre-Occupancy Work which are not identified on such list (such items being the “Non-Removal Tenant’s Pre-Occupancy Work”). Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM # ROOM NAME DOOR NO. WIDTH HEIGHT THICK MATL SELF CLOSURE LOCKING GLASS TYPE FRAME MATL FUNCTION NOTES 400 Waiting 400a 6’-0’’ 8“0” — GLASS Y Y Y — FRAMELESS SWIPECARD BUILDING STANDARD HERCULTE 402 Interview Room 402a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 403 Interview Room 403a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 405 Visitor Servery/Coats 405a 6’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE 406 Executive Conference 406a 6’-0” 8“0” — GLASS N N Y — Drywall return BUTT GLASS/FLAT TRACK BARN DOOR HARDWARE/SS 407 VP Office 407a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 408 MGR Office 408a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 409 MGR Office 409a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 410 Team RM/Phone Enclave 410a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 411 Open Office 411a 3’-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM CARD ACCESS SWIPE CARD ACCESS 412 VP Office 412a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 413 VP Office 413a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 414 VP Office 414a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 415 VP Office 415a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 417 MGR Office 417a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 418 MGR Office 418a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 419 MGR Office 419a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 421 MGR Office 421a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 422 MGR Office 422a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 423 MGR Office 423a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 424 VP Office 424a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 425 Director Office 425a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 426 Conference 426a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 428 Copy/Mail 428a 3’-6” 8“0” — — — — — — — FRAMED OPENING 429 Mgr Office 429a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 430 Mgr Office 430a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 434 Dining 434a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 436 Vending 436a 3’-0” 8“0” — — N N N — — FRAMED OPENING 436b 3’-0” 8“0” — — N N N — — FRAMED OPENING 438 Kitchen Storage 438a 3’-0” 8“0” 1-3/4” MAPLE — Y — — HM STOREROOM 440 Health Services 440a 3’-0” 8“0” 1-3/4” MAPLE N Y N — HM PRIVACY PRIVACY LOCK 442 Hardware Storage 442a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM STOREROOM 443 LAN Room 443a 3’-0” 8“0” 1-3/4” MAPLE N Y Y PASSAGE LITE HM CARD ACCESS SWIPECARD 445 Director Office 445a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 446 Phone Enclave 446a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 447 Director Office 447a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 448 Open Office 448a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 448b 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 449 HR Storage 449a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PRIVACY PRIVACY LOCK NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 450 Director Office 450a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 452 Team Rm/Phone Enclave 452a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 454 Open Office 454a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 455 Director Office 455a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 456 Director Office 456a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 457 Director Office 457a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 459 Mgr Office 459a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 460 Mgr Office 460a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 461 Mgr Office 461a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 462 Passage 462a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 463 Phone Enclave 463a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE 465 Mgr Office 465a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 466 Mgr Office 466a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 467 Mgr Office 467a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 468 Director Office 468a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 469 Director Office 469a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 470 Director Office 470a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 471 Conference 471a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 474 Mgr Office 474a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 475 Mgr Office 475a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 477 Passage 477a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 478 Mgr Office 478a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 479 Mgr Office 479a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 480 Mgr Office 480a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 481 Conference 481a 3’-0” 8“0” 1-3/4” MAPLE N N Y — HM PASSAGE SIDELITE 482 Director Office 482a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 483 VP Office 483a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 484 VP Office 484a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 485 Passage 485a 3‘-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 486 Executive Lounge 486a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Plumbing Fixture Schedule Client: Connecture Atlanta Project No: 13004-01 Date: September 20, 2013 Revised: 404 Visitor Servery sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K15850-4M Coralis Faucet w/Lever Handles polished chrome disposal by LL Engineer 435 Kitchen sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K-15888-K Coralis Faucet w/Leverl Handles disposal by LL Engineer 439 Health Services toilet Kohler K-3949 Highline Comfort Height, 1.28 GPF, left hand lever White sink Kohler ▇▇▇▇▇-▇-▇ ▇▇▇▇▇▇▇▇▇ dropinsink w/concentricecircles, cast iron, 8” centers White faucet Kohler ▇-▇▇▇▇▇-▇ ▇▇▇▇▇▇ widespread faucet w/lever handles White PROVIDE ALL RELATED KOHLER ACCESSOSSORIES Hot water at all sink locations Reference is made to the following plans prepared by InteriorLOGIC for Connecture in the Brookfield ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇, dated April 27, 2012:
1. Drawings A200 – Connecture Second Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A201 – Connecture Second Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A203 – Connecture Second Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Electrical Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12 A300 – Connecture Third Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A301 – Connecture Third Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A303 – Connecture Third Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A304 – Connecture Elevations and Details prepared by InteriorLOGIC, dated 4/27/12 A305 – Connecture Elevations and Details prepared by InteriorLOGIC, dated 4/27/12 A306 – Connecture Floor Pattern Plan prepared by InteriorLOGIC, dated 4/27/12 A307 – Connecture Electrical Schematic prepared by InteriorLOGIC, dated 4/27/12 A308 – Connecture Third Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12
2. Schedules and Specifications A. Workletter Finish and Material Specification B. Room Finish Schedule C. Product Cut Sheets D. Casework Schedule E. Door Schedule 3. AutoCAD Files A. Second Floor B. Third Floor
1. The sidewalks, and public portions of the Building, such as entrances, passages, courts, elevators, vestibules, stairways, corridors or halls, and the streets, alleys or ways surrounding or in the vicinity of the Building shall not be obstructed, even temporarily, or encumbered by Tenant or used for any purpose other than ingress and egress to and from the Premises.
2. No awnings or other projections shall be attached to the outside walls of the Building. No curtains, blinds, shades, louvered openings, tinted coating, film or screens shall be attached to or hung in, or used in connection with, any window, glass surface or door of the Premises, without the prior written consent of Landlord, unless installed by Landlord.
3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Tenant on any part of the outside of the Premises or Building or on corridor walls or windows or other glass surfaces (including without limitation glass storefronts). Signs on entrance door or doors shall conform to building standard signs, samples of which are on display in Landlord’s rental office. Signs on doors shall, at Tenant’s expense, be inscribed, painted or affixed for each tenant by sign makers approved by Landlord. In the event of the violation of the foregoing by Tenant, Landlord may remove same without any liability, and may charge the expense incurred by such removal to Tenant.
4. The sashes, sash doors, skylights, windows, heating, ventilating and air conditioning vents and doors that reflect or admit light and air into the halls, passageways or other public places in the building shall not be covered or obstructed by Tenant, nor shall any bottles, parcels, or other articles be placed on the window ▇▇▇▇▇.
5. No show cases or other articles shall be put in front of or affixed to any part of the exterior of the Building, nor placed in the public halls, corridors, or vestibules without the prior written consent of Landlord.
6. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by Tenant.
7. Tenant shall not in any way deface any part of the Premises or the Building. If Tenant desires to use linoleum or other similar floor covering, an interlining of builder’s deadening felt shall be first affixed to the floor, by a paste or other material, soluble in water; the use of cement or other similar adhesive materials, which abatement are not water soluble, are expressly prohibited.
8. No bicycles, vehicles, or animals of any kind shall be applied brought into or kept in or about the Premises. No cooking shall be done or permitted by Tenant on the Premises except in conformity to law and then only in the monthly Base Rent otherwise payable utility kitchen, if any, as set forth in Tenant’s layout, which is to be primarily used by Tenant’s employees for heating beverages and light snacks. Tenant shall not cause or permit any unusual or objectionable odors to be produced upon or permeate from the Premises.
9. No space in the Building shall be used for manufacturing, distribution, or for the first (1st) month after storage of merchandise or for the Expansion Commencement Datesale of merchandise, goods, or property of any kind at auction.
Appears in 1 contract
Sources: Office Lease (Connecture Inc)
Early Access. Sublessor will allow Sublessee Subject to the terms herein and Tenant’s compliance with all applicable Laws, without additional charge to Tenant, Tenant shall have reasonable 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 Leased Premises (“Early Access PeriodAccess”) for the sole purpose during completion of performing any initial improvements and Landlord’s Work to coordinate installation of Tenant’s cabling and wiring and during the 30 day period immediately prior to Substantial Completion to install its furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (equipment; provided that Sublessee will obtain the prior consent of Lessor and Sublessor to in any 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 case Tenant’s Early Access Perioddoes not interfere with, but will or delay completion of Landlord’s Work, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant’s Early Access is subject to Landlord’s construction schedule and all Early Access shall be as directed by Landlord or Landlord’s contractors. Tenant shall be fully responsible for the payment of utilities for the Remainder Space commencing as all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions 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 Lease shall be extended on in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with Landlord’s Work so as not to delay completion of Landlord’s Work and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a day for day basis by delays caused by SublesseeTenant vendor’s acts or omissions (includingwork delaying Landlord’s ability to obtain its permits, 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 Datedeemed a Tenant Delay.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access After Landlord determines that the Landlord’s Third Floor Expansion Premises TI Work has sufficiently progressed to the Remainder Space (except for Suite 150) from and after point where permitting Tenant to enter the Vivarium Third Floor Expansion Premises will not adversely affect the timely completion of the remaining elements of Landlord’s Third Floor Expansion Premises TI Work, then prior to the Third Floor Expansion Premises Commencement Date and continuing through Landlord shall permit Tenant to enter the Third Floor 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”) Premises for the sole purpose of performing any initial improvements preparing the Third Floor Expansion Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s sole risk and installation of furnitureexpense, fixturesand, 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 excepting only to the extent required caused by the Master gross negligence or willful misconduct of Landlord or and of Landlord’s agents, employees or contractors, 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. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease or this Sublease). Sublessee shall not be obligated (excepting only the obligations to pay Base Rent, Tenant’s Pro Rata Share of Expenses, Tenant’s Pro Rata Share of Laboratory Expenses, Tenant’s Pro Rata Share of Taxes or the Amenity Fee with respect to the Third Floor Expansion Premises), including the provisions of this Lease regarding obtaining and maintaining insurance coverages, and the performance of Alterations in the Third Floor Expansion Premises, notwithstanding that the Third Floor Expansion Premises Commencement Date may not yet have occurred. Without limitation, all of such work performed by Tenant in the Third Floor Expansion Premises shall be coordinated with any Base Rent work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work by Tenant damage the Building or Operating Expenses for the Remainder Space during Third Floor Expansion Premises or interfere with the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as timely performance 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 SublesseeLandlord’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 Third Floor Expansion Commencement DatePremises TI Work.
Appears in 1 contract
Sources: Lease (Vor Biopharma Inc.)
Early Access. Sublessor will allow Sublessee Prior to the Substantial Completion of the Initial ------------ Improvements (or the Expansion Improvements, if applicable), and provided that the Township or other governmental authority having jurisdiction does not prohibit the same, Landlord shall provide Tenant with early access to the Remainder Space Initial Improvements (except for Suite 150) from and after the Vivarium Commencement Date and continuing through or the Expansion Commencement DateImprovements, and will allow Sublessee if applicable), including, without limitation, access to Suite 150 from and after November 1the use of loading docks, 2018 elevators, construction hoists, electrical service and continuing through the Expansion Commencement Date (“Early Access Period”) like, for the sole purpose purposes of performing any initial improvements and installation of furniture, fixtures, equipment allowing separate contractors engaged by Tenant to install or other leasehold improvements including but not limited to telephones, computer wiring and networking cable construct therein (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by then completed) such items for which Landlord and Contractor are not responsible hereunder (together, "Tenant Work"); provided, however, that no Tenant Work may be performed without the Master Lease or this Sublease). Sublessee prior written consent of Landlord, which consent may be conditioned on the submission of plans, specifications, acceptable arrangements for security and other safety precautions, and other details regarding the proposed Tenant Work, and other reasonable arrangements in connection with scheduling, but shall not be obligated otherwise unreasonably withheld or delayed. Further, any and all Tenant Work shall be prosecuted and shall in all instances be subject to pay the conditions and covenants pertaining to New Work (as such term is defined in Section 17.1 hereof) which are set forth in Section 17.1 hereof. The terms, provisions and conditions of Section 2.5(b)(i) hereof and all other terms, provisions and conditions of this Lease pertaining to Tenant Extensions shall apply in connection with Tenant's exercise of its rights of early access under this Section 2.10 and any Base Rent Tenant Work. In the event Tenant's prosecution of any Tenant Work unreasonably interferes with any work being performed by or Operating Expenses for on behalf of Landlord, Landlord (or Contractor, in the Remainder Space during instance of the Initial Improvements) shall give written notice to Tenant of such interference as provided in Section 2.5(c) hereof. The rights of Tenant to early access pursuant to this Section 2.10 are hereinafter referred to as "Early Access." Landlord may, at any time, suspend Tenant's rights to 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 foregoinghereunder, in the event that Sublessor has Landlord or Contractor reasonably determines that such Early Access or any Tenant Work is unreasonably interfering with the construction of Landlord's Improvements, is creating security or safety risks or is otherwise not tendered delivery in substantial conformance with the conditions on which the Early Access was granted in the first instance. As part of Tenant Work, Landlord acknowledges and agrees that Tenant, by separate contractors, shall be installing cables, wiring, and certain other equipment and facilities for Tenant's voice data fiber optics, security systems and other systems which are required to be, or are most efficiently, installed during the pendancy of construction of the Remainder Space Initial Improvements (or Expansion Improvements). Landlord shall coordinate with Tenant such installations by Tenant of the foregoing systems pursuant to Sublessee on a schedule that Contractor (or before November 1Landlord, 2018 in the instance of the Expansion Improvements) shall timely provide to Tenant. Such schedule will permit Tenant to reasonably complete such installations in as an efficient, timely manner in respect to the ongoing construction of the Landlord's Improvements as is reasonably possible without unreasonable interference to the Contractor (or Landlord, as aforesaid) or unreasonable interference from the “Outside Date”Contractor (or Landlord, as aforesaid). In addition, as part of Tenant Work, Landlord acknowledges and agrees that Tenant, by separate contractors, shall be installing furniture, assembling work station partitions and performing associated work station partition electrical work, which Tenant shall be permitted to undertake, without interference from the Contractor (or Landlord, as aforesaid), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions not less than thirty (including, without limitation, failure 30) days prior 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 Delivery Date (as extended) or Expansion Delivery Date). Anything in this Section 2.10 to the contrary notwithstanding, Tenant shall not commence the conduct of any business from the Initial Improvements prior to the Delivery Date, or from the Expansion Improvements 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 Delivery Date.
Appears in 1 contract
Sources: Build to Suit Office Lease Agreement (Wells Real Estate Investment Trust Inc)
Early Access. Sublessor will allow Sublessee access Notwithstanding any provision to the Remainder Space (except for Suite 150) contrary contained herein, so long as Landlord has received the Expansion Premises Letter of Credit, Landlord agrees that Tenant may occupy the Expansion Premises from and after the Vivarium Commencement Effective Date and continuing through until the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Premises Commencement Date (the “Early Access Move-In Period”) ), for the sole purpose of performing any initial improvements and the installation of Tenant’s furniture, fixturesfixtures and equipment therein. During the Move-In Period, equipment or (a) Tenant shall have no obligation to pay Rent, but all other leasehold improvements terms of the Lease (as amended by this Amendment), including but not limited to telephonesthe obligation to indemnify Landlord and carry the insurance required in the Lease, computer wiring shall be in effect, (b) Tenant shall be responsible for all utilities used in the Expansion Premises during the Move-In Period, (c) any entry by Tenant shall be at Tenant’s sole risk, (d) Tenant shall not unreasonably interfere with Landlord, Landlord’s contractors or any construction schedule established in connection with any work being performed by Landlord or any other tenant at the Property, (e) prior to any entry upon the Expansion Premises by ▇▇▇▇▇▇, Tenant agrees to pay for and networking cable (provided that Sublessee will obtain provide to Landlord certificates evidencing the prior consent existence and amounts of Lessor and Sublessor to such items insurance carried by Tenant with respect to the extent required by Expansion Premises, which coverage must comply with the Master provisions of the Lease or this Sublease). Sublessee relating to insurance, (f) Tenant and its employees, agents and contractors agree to comply with all Laws applicable to its use and occupancy of the Expansion Premises, (g) Landlord shall not be obligated to pay responsible nor have any Base Rent liability whatsoever at any time for loss 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 damage to the total rentable area furniture, fixtures, phone, cabling or equipment or other property of Tenant installed or placed by Tenant on the Remainder SpaceExpansion Premises, 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 such loss or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays damage is caused by Sublessee’s acts the gross negligence or omissions willful misconduct of Landlord or its employees, agents or contractors, and (h) ▇▇▇▇▇▇ agrees to indemnify, protect, defend and save Landlord, the property manager, any mortgagee of Landlord, and each of their respective officers, directors, members, managers, partners, affiliates, employees, agents and representatives, harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, failure to provide proof of insurancereasonable attorneys’ fees and legal costs) 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 arising out of the Remainder Spaceearly entry, which abatement shall be applied use, construction, or occupancy of the Expansion Premises by Tenant or its agents, employees or contractors, except to the monthly Base Rent otherwise payable for extent any of the first (1st) month after foregoing arises out of the Expansion Commencement Dategross negligence or willful misconduct of Landlord, its employees, agents or contractors.
Appears in 1 contract
Sources: Multi Tenant Commercial/Industrial Lease (Nnn) (Boxabl Inc.)
Early Access. Sublessor will allow Sublessee Subject to Tenant’s delivery of an executed original of this Lease, the Guaranty, the prepaid Base Rent and the Security Deposit 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 Remainder Space (except for Suite 150) from and after Premises on the Vivarium Commencement Delivery Date. Such period of early access shall commence on the Delivery Date and continuing continue through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through date immediately preceding the Expansion 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). 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; provided, however, that it shall not constitute the “conduct of business” for Tenant to store assets and equipment at the Premises or to allow Tenant Parties access to such assets and equipment to remove them during the Early Access Period. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Complex) for the sole purpose of performing any initial improvements storing equipment, installing telephones, electronic communication equipment, fixtures 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 Tenant shall be solely responsible for all of the prior consent of Lessor foregoing and Sublessor to such items for any loss or damage thereto from any cause whatsoever except to the extent required caused by Landlord’s gross negligence or willful misconduct. Such early access and such installation shall be permitted only to the Master extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Complex by Landlord or any other tenant or occupant. The provisions of Sections 8(a) and 11 of this Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space apply in full during the Early Access Period, but will 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 condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. For purposes of clarity, Tenant shall not 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 required to pay Base Rent and Additional Rent during the Early Access Period will be pro-rated between Sublessee Period; provided, however, Tenant shall pay the cost of services and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation utilities provided 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 DatePremises.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee Tenant shall be permitted access (“Early Access”) to at least fifteen percent (15%) of 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 Premises before July 1, 2018 and continuing through the Expansion Commencement Date 2017 (“Early Access PeriodDate”), 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 insurance thereon void or more expensive unless Tenant agrees to pay any increase, (2) be allowed only 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, (3) be performed in such a manner that will not cause any unreasonable interference with Landlord, General Contractor or any subcontractors or material suppliers, (4) not commence unless insurance of Tenant as required by this Lease has been provided, (5) be at the sole risk and expense of Tenant, (6) comply with the safety requirements of the General Contractor, (7) comply with all Legal Requirements, (8) comply with the requirements of Article XII hereof, and (9) shall be for the sole purpose of performing the Tenant’s Work. Tenant shall indemnify and hold Landlord harmless from and against any initial improvements and installation of furnitureall liens, fixturesclaims, equipment or other leasehold improvements demands, injuries, damages, reasonable costs and expenses (including but not limited to telephones, computer wiring also reasonable attorneys’ fees) and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items liabilities to the extent incurred by or asserted against Landlord or the Premises as a result of any of early entries pursuant to this Section 4.7. Tenant’s early use and occupancy of the Land shall also be subject to all the terms and conditions of this Lease, other than the obligation of Tenant to pay Rent. Tenant, at its sole cost and expense, shall file all necessary plans with the appropriate governmental authorities having jurisdiction over Tenant’s Work. Tenant shall be responsible for obtaining all permits, authorizations and approvals necessary to perform and complete Tenant’s Work. Tenant shall not commence Tenant’s Work until the required permits authorizations and approvals for the performance and completion of Tenant’s Work are obtained and delivered to Landlord. Tenant and Tenant’s Contractors shall coordinate access and Tenant’s Work with Landlord in order to prevent any delay or disruption in the on-time completion of the Landlord’s construction obligations pursuant to the terms of this Article IV hereof. Tenant shall at all times keep the Premises and adjacent areas free from accumulations of waste materials or rubbish caused by its suppliers, contractors or workmen. Landlord reserves the right to do clean-up at the expense of Tenant if Tenant fails to comply with Landlord’s reasonable cleanup requirements. At the completion of Tenant’s Work, Tenant’s Contractors shall forthwith remove all rubbish and all tools, equipment and surplus materials from and about the Premises. Any damage caused by Tenant or Tenant’s Contractors to any portion of the Premises or to any property of Landlord shall be repaired forthwith by Tenant at its expense to the condition prior to such damage. Tenant and Tenant’s Contractors shall assume responsibility for the prevention of accidents and shall take all reasonable safety precautions with respect to Tenant’s Work and shall comply with all reasonable safety measures initiated by Landlord and with all Legal Requirement applicable to Tenant’s Work including those of any public authority for the safety of persons or property. Tenant shall advise Tenant’s Contractors to report to Landlord any injury to any of its agents or employees and shall furnish Landlord a copy of the accident report filed with its insurance carrier within three (3) days of its occurrence. Tenant shall procure and maintain or cause Tenant’s Contractors to maintain the kinds and amounts of insurance as reasonably required by Landlord and otherwise in accordance with the Master Lease requirements set forth in Article IX of this Lease. Prior to the commencement of any construction activity on the Premises, certificates evidencing such insurance required herein shall be delivered to Landlord. Such policies shall be renewed and new certificates shall be deposited with Landlord at least thirty (30) days prior to the expiration of the existing policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord and shall name Landlord as an additional insured and loss payee as its interests may appear and shall provide that they may not be terminated or this Sublease)materially modified without thirty (30) days’ advance written notice to Landlord. Sublessee The minimum limits of insurance shall not limit or diminish Tenant’s liability under the Lease. The failure of Landlord to obtain such evidence from Tenant or Tenant’s Contractors before permitting construction to commence shall not be obligated deemed to pay be a waiver by Landlord of any Base Rent or Operating Expenses for the Remainder Space during the Early Access Periodrequirement herein, 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 Tenant shall remain under continuing obligation to pay utility costs)maintain and cause Tenant’s Contractors to maintain the specified insurance coverage. Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee Any and all deductibles on or before November 1, 2018 (the “Outside Date”), which date referenced insurance coverages shall be extended on a day for day basis borne by delays caused Tenant and, if applicable, Tenant’s Contractors. Tenant expressly understands and agrees that any insurance maintained by SublesseeLandlord shall apply in excess of and not contribute with insurance provided by Tenant or Tenant’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 DateContractors.
Appears in 1 contract
Sources: Lease (5.11 Abr Corp.)
Early Access. Sublessor will allow Sublessee Tenant shall be given access to the Remainder Space (except Premises prior to installation of the ceiling grid in order to allow Tenant to install telephone and other communications and media lines and systems, computer cabling, and related similar matters. The date of Early Access to the Premises and the time by which installation of Tena▇▇'▇ ▇ork must be completed will be coordinated with the General Contractor. Tenant and General Contractor shall work together to ensure that Tena▇▇'▇ ▇ork is completed in an efficient and timely manner and will not unreasonably impede, interfere with or delay the progress of construction of the Tenant Improvements. Tenant shall perform such installation in accordance with all guidelines promulgated by General Contractor and shall execute and require its contractors and subcontractors to execute such releases, indemnifications and other documents that General Contractor requires of its own subcontractors. Any and all costs of installation of such items shall be at Tenant's sole cost and expense. Tenant shall also be given Early Access to the Premises for Suite 150) purposes of storing its furniture and personal property in portions of the Premises in which Tenant Improvements are substantially complete. General Contractor shall designate the areas in which such storage can occur to ensure that such storage will not interfere with the construction of the Tenant Improvements. Tenant hereby releases Landlord, General Contractor and all of their agents, employees, licensees, invitees and subcontractors from and after all liability for loss or damage to Tenant's personal property stored on the Vivarium Commencement Date and continuing through Premises prior to the Expansion Commencement Date. Tena▇▇ ▇▇▇ees to maintain insurance on all said property and hereby assumes full risk of loss or damage to said personal property and here▇▇ ▇▇rees to defend, indemnify and will allow Sublessee access hold Landlord, General Contractor, their agents, employees, licensees, invitees and subcontractors harmless from any claims, loss or liability related 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 Datesaid stored personal property.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee So long as Landlord has received from Tenant the first month’s Monthly Base Rent due pursuant to Section 5.1 of this Lease, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and, as applicable, the Security Deposit, and so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to give Tenant’s designated contractors access to the Remainder Space (except for Suite 150) from and after Premises prior to 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 estimated Commencement Date (the “Early Access Period”) for the sole purpose purposes of performing any initial improvements constructing Tenant’s Initial Alterations in accordance with Exhibit H and installation of for installing Tenant’s furniture, fixtures, and equipment or other leasehold improvements including but not limited to telephones(collectively, computer wiring “Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items expense. Tenant’s access to the extent required by Premises during the Master Lease or Early Access Period shall be subject to all terms and conditions of this Sublease). Sublessee Lease, except that Tenant 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 until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any request for such early access and any grant of early access shall be pro-rated between Sublessee and Sublessor based upon subject to Landlord’s prior written approval. Tenant shall cooperate with Landlord during the approximate rentable area period of any such early access so as not to interfere with Landlord in the Remainder Space each party has completion of any Landlord’s work in the right to use in relation Premises pursuant to the total rentable area of the Remainder Space, Work Letter attached hereto 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 Exhibit C (the “Outside DateLandlord’s Work”). Should Landlord determine such early access interferes with Landlord’s Work, 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 Landlord may deny Tenant access to the monthly Base Rent Premises until Landlord’s Work is substantially completed. Tenant shall promptly surrender any keys of other means of access to the Premises and otherwise payable for the first (1st) month after the Expansion Commencement Datecomply with such denial.
Appears in 1 contract
Sources: Commercial Lease (Gigamon LLC)
Early Access. Sublessor will allow Sublessee 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 approximately thirty (30) days prior 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 installing, at Tenant’s sole cost and installation of 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 other leasehold improvements including but not limited otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to telephones, computer wiring and networking cable (provided that Sublessee will obtain Landlord’s representative. The foregoing license to enter the Premises prior consent of Lessor and Sublessor to such items to the extent required 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 Master 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 or except as expressly set forth in this Sublease)Section 41.2. Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during 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 Tenant shall have no obligation to pay Basic Rent or electricity costs for the Remainder Space (provided Tenant’s electricity usage during the such Early Access Period will is not excessive). Landlord shall not be pro-rated between Sublessee 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 Sublessor based upon the approximate rentable area expenses in connection with or arising out of the Remainder Space each party has the right to use in relation 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 its work. Except to the total rentable area extent arising from the gross negligence or willful misconduct of the Remainder SpaceLandlord, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless Tenant shall defend, indemnify and until it provides proof of insurance meeting the requirements of the Sublease applicable hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the Remainder Space (but failure to provide proof extent arising out of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, or 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 connection with any and all work during such early entry (including, without limitationbut not limited to, failure to provide proof claims for breach of insurance) warranty, personal injury or Force Majeure eventsproperty damage). Landlord shall have the right, then as Sublesseein Landlord’s sole remedyand absolute discretion, Sublessee shall receive one (1) day to settle, compromise, or otherwise dispose of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery any and all suits, claims, and actions against any of the Remainder Spaceindemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, which abatement except as expressly set forth in this Section 41.1, such entry shall be applied to made in compliance with all terms and conditions of this Lease and the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Anaptysbio, Inc)
Early Access. Sublessor will allow Provided that (a) any such access does not interfere in any way with any other tenant or subtenant in the Building and (b) Sublessee shall obtain Landlord's prior written consent to such installation, Sublessee shall have access to the Remainder Space common area of the Building to which Sublessor has the right of access under the Master Lease, commencing upon the execution of this Sublease, for the purpose of installing wiring, cabling and related connection necessary to provide T-1 telecommunication capability to the Premises. Provided that (except i) no other tenant is in possession of the Premises and (ii) Sublessee has delivered to Sublessor evidence that it has obtained the Required Insurance, Sublessee shall have access to the Premises approximately 10 days prior to the Commencement Date (the "FF & E Access Date") for Suite 150) from the purpose of furniture systems and after telecommunication equipment installation. Such access shall not be deemed to be taking or accepting possession of the Vivarium Premises by Sublessee. In any such early access by Sublessee, Sublessee, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "Sublessee's Contractors"), shall work in harmony with and do not in any way disturb or interfere with Sublessor's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Sublessor's Contractors"), it being understood and agreed that if entry of Sublessee or Sublessee's Contractors would cause, has caused or is causing a material disturbance to Sublessor or Sublessor's Contractors, then Sublessor may, with notice, refuse admittance to Sublessee or Sublessee's Contractors causing such disturbance. Sublessee, Sublessee's Contractors and other agents shall provide Sublessor and Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and Premises damage insurance as Sublessor may reasonably request for its protection. Sublessor and Landlord shall not be liable for any injury, loss or damage to any of Sublessee's installations or decorations made prior to the 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 installed by Sublessor. Sublessee will shall indemnify and hold harmless Landlord, Sublessor and Sublessor's Contractors from and against any and all costs expenses, claims, liabilities and causes of action arising out of or in connection with work performed in the Premises by or on behalf of Sublessee (but excluding work performed by Sublessor or Sublessor's Contractors). Sublessor is not responsible for the function and maintenance of Sublessee's improvements which are different than Sublessor's standard improvements at the Premises or improvements, equipment, cabinets or fixtures not installed by Sublessor. Such entry by Sublessee and Sublessee's Contractors pursuant to this Section shall be permitted deemed to enter be under all of the Remainder Space unless terms, covenants, provisions and until it provides proof of insurance meeting the requirements conditions of the Sublease applicable to except the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation covenant 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 DateRent.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee Landlord shall provide Tenant with early access to the Remainder Space Premises on the first Business Day following the full execution of this Lease by Landlord and Tenant (the “Access Date”). Such early occupancy shall be subject to all of the terms and conditions of this Lease, except that Tenant shall pay: (A) Base Rent in the amount of $2,382.80 per month, and (B) 50% of the amount of Tenant’s Proportionate Share of the Additional Rent, Taxes, and Insurance, in each case, for Suite 150) from and after the Vivarium Commencement period commencing on the Access Date and continuing through ending on the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through date immediately preceding the Expansion Commencement Date (such Rent to be prorated based on the length of the Early Occupancy Period). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Occupancy Period”) ). During the Early Occupancy Period, Tenant may enter the portion of the Premises in which Landlord is not then performing the Work for the sole purpose of performing any initial improvements installing telephones, electronic communication equipment, fixtures and installation of furniture, provided that Tenant shall be solely responsible for any of such fixtures, furniture or equipment and for any loss or other leasehold improvements including but not limited damage thereto from any cause whatsoever. Such early access to telephones, computer wiring the Premises and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items installation shall be permitted only to the extent required by that Landlord reasonably determines that such early access and installation activities will not delay the Master Lease or substantial completion of the Work. Landlord and Tenant shall cooperate in the scheduling of Tenant’s early access to the Premises and of Tenant’s installation activities in an attempt to maximize the benefits to Tenant of this Sublease)Section 3(b) without interfering with Landlord’s substantial completion of the Work. Sublessee The provisions of Section 8(a) below and of Section 11 below shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space apply in full during the Early Access Occupancy 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 Tenant shall (x) provide certificates of insurance meeting evidencing the requirements existence and amounts of the Sublease liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (y) comply with all Laws applicable to such early entry work in the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs)Premises. Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery if such early access or installation delays or interferes with Landlord’s performance of the Remainder Space Work, Landlord shall have the right to Sublessee on or before November 1, 2018 (accelerate the “Outside Date”), which date shall be extended on a Commencement Date one 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 delay caused by Tenant’s early access to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DatePremises.
Appears in 1 contract
Early Access. Sublessor will Landlord agrees to allow Sublessee Tenant to have reasonable access to each Phase Expansion Premises up to ninety (90) days prior to the Remainder Space (except for Suite 150) from and after the Vivarium applicable Phase Expansion Premises Commencement Date and continuing through the for such Phase Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date Premises (“Early Access PeriodAccess”) ), for the sole purpose limited purposes of performing any initial making certain improvements and installation of furnitureincluding, fixtures, equipment or other leasehold improvements including but not limited to telephonesto, computer wiring installing its wiring, furniture, fixtures and networking cable equipment (collectively, the “Early Tenant Work”), provided that Sublessee will obtain such access shall not delay or materially interfere with the prior consent performance of Lessor the Expansion Delivery Work by Landlord. Any Early Access for performing Early Tenant Work shall be subject in each case to (i) Landlord’s approval of the schedule and Sublessor scope of such work in accordance with the terms and provisions of the Lease regarding Alterations (and which shall not delay the performance by Landlord of the Expansion Delivery Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work not to such items be unreasonably conditioned, withheld, or delayed provided that union labor shall be required, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable Early Tenant Work, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the extent required by applicable Early Tenant Work in accordance with Section 8 of the Master Lease or this Sublease)Original Lease. Sublessee Tenant 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 any damage to the payment Expansion Delivery Work or the Expansion Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with any Early Access. Any Early Access shall be subject to all of utilities the provisions of the Lease, as amended hereby, that are applicable to such Phase Expansion Premises during the Term therefor, except 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 and Expense Excess and Tax Excess charges with respect to the monthly Base Rent otherwise payable for the first (1st) month after the such Phase Expansion Commencement DatePremises.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee access to It is acknowledged and agreed that a portion of the Remainder Space Phase III Expansion Premises consisting of 17,210 square feet of rentable floor area located on the second (except for Suite 1502nd) from and after floor of the Vivarium Commencement Date and continuing through Building (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 PeriodPremises Component”) for is currently vacant, Landlord having previously relocated the sole purpose of performing any initial improvements and installation of furnituretenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, fixtures2015, equipment or other leasehold improvements including but not limited Tenant shall have the right 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 access the Early Access Period, but will be responsible Premises Component prior to the Phase III Expansion Premises Commencement Date for the payment purpose of utilities for marketing and subleasing the Remainder Space commencing as same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be upon all 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 terms and Sublessor based upon the approximate rentable area conditions 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 (Lease including, without limitation, failure Tenant’s entitlement to provide proof use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of insurance) or Force Majeure eventsAnnual Fixed Rent, then as Sublesseethe Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access shall be at Tenant’s sole remedyrisk, Sublessee and Landlord shall receive one (1) day of Base Rent abatement not be responsible for each day after any injury to persons or damage to property resulting from such early access by Tenant. In the Outside Date (as extended) until the date Sublessor tenders delivery event that Tenant shall enter into a sublease for any portion or all of the Remainder SpaceEarly Access Premises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Date, which abatement then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be applied unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the monthly Base Rent otherwise payable for contrary, Tenant shall pay to Landlord fifty percent (50%) of the first amount received by Tenant from such sublease (1st) month after the Expansion Commencement Datewithout taking into account any of Tenant’s costs incurred in subleasing such space).
Appears in 1 contract
Sources: Lease (Constant Contact, Inc.)
Early Access. Sublessor will allow Sublessee Landlord shall, subject to compliance with Legal Requirements and the terms and conditions set forth in this Paragraph F, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Remainder Space Premises prior to the Commencement Date. Such access shall be for the purpose of constructing the Tenant Improvements and allowing Tenant to install in the Premises Tenant's furniture, fixtures and voice and data equipment and cabling as may be necessary to make the Premises ready for Tenant's use and occupancy (except the "tenant's Pre-Occupancy Work"). Tenant shall deliver to Landlord Tenant's written request for Suite 150early access not less than five (5) from business days prior to the date on which such access shall commence and after such notice shall be accompanied by each of the Vivarium following items: (i) the names and addresses of all Tenant Parties who will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work; and (ii) certificates of insurance evidencing the coverages required to be maintained by Tenant Parties pursuant to Section 12 of the Lease. Any and all access to the Premises and the performance of the Tenant's Pre-Occupancy Work shall be subject to scheduling by Landlord, in Landlord's sole but reasonable discretion. Any entry into and/or occupancy of the Premises by any tenant Party prior to the Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access shall be subject 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 all 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 terms, covenants, conditions and Sublessor based upon the approximate rentable area provisions of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder SpaceLease, 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 the provisions of Sections 11 of the Lease, and excluding only the covenant to provide proof pay Base Rent (which shall not commence until the Commencement Date). Floor plans, together with related information for mechanical, electrical and plumbing design work, showing partition arrangement and reflected ceiling plans (three [3] reproducible sets), including, without limitation, the following information:
(a) identify the location of insuranceconference rooms and density of occupancy;
(b) identify the density of occupancy for all rooms;
(c) identify the location of any food service areas or Force Majeure eventsvending equipment rooms;
(d) identify areas, then as Sublesseeif any, requiring twenty-four (24) hour air conditioning;
(e) indicate those partitions that are to extend from floor to underside of structural slab above or require special acoustical treatment;
(f) identify the location of rooms for, and layout of, telephone equipment other than building core telephone closet;
(g) identify the locations and types of plumbing required for toilets (other than core facilities), sinks, drinking fountains, etc.;
(h) indicate light switches in offices, conference rooms and all other rooms in the Premises;
(i) indicate the layouts for specially installed equipment, including computer and duplicating equipment, the size and capacity of mechanical and electrical services required and heat rejection of the equipment;
(j) indicate the dimensioned location of: (i) electrical receptacles (one hundred twenty (120) volts), including receptacles for wall clocks, and telephone outlets and their respective locations (wall or floor), (ii) electrical receptacles for use in the operation of Tenant’s sole remedybusiness equipment which requires two hundred eight (208) volts or separate electrical circuits, Sublessee shall receive (iii) electronic calculating and CRT systems, etc., and (iv) special audio-visual requirements;
(k) indicate proposed layout of sprinkler and other life safety and fire protection equipment, including any special equipment and raised flooring;
(l) indicate the swing of each door;
(m) indicate a schedule for doors and frames, complete with hardware, if applicable; and
(n) indicate any special file systems to be installed. Final architectural detail and working drawings, finish schedules and related plans (three [3] reproducible sets) including, without limitation, the following information and/or meeting the following conditions:
(a) materials, colors and designs of wall coverings, floor coverings and window coverings and finishes;
(b) paintings and decorative treatment required to complete all construction;
(c) complete, finished, detailed mechanical, electrical, plumbing and structural plans and specifications for the Tenant Improvements, including, but not limited to, the fire and life safety systems and all work necessary to connect any special or non-standard facilities to the Building’s base mechanical systems;
(d) all final drawings and blueprints must be drawn to a scale of one-eighth inch (1/8”) to one foot (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’). BUILDING STANDARD CONFORMANCE - The Contractor must be certain that all ceiling tiles, which abatement shall be applied venetian blinds, and door hardware conform to the monthly Base Rent otherwise payable for building standards. Door locks should be keyed to the first (1st) month after building master and to the Expansion Commencement Datefloor master. The Building Manager should be consulted before ordering these items.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust III, Inc.)
Early Access. Sublessor will allow Sublessee access Landlord shall permit Tenant and its agents to enter the Premises approximately six (6) weeks prior 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 examining the Tenant Improvements (to the extent permitted under the Work Letter Agreement or otherwise agreed to by Landlord), installing, at Tenant’s sole cost and installation of expense, its furniture, fixtures, equipment and cabling in the Premises and as otherwise reasonably necessary to perform any facility validations required by Governmental Authorities for Tenant’s Permitted Use, but in no event shall Tenant’s failure to complete such installations or other leasehold improvements including but validations during the Early Access Period extend the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times reasonably satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s agents, contractors and their subcontractors and employees reasonably cooperating and not limited unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to telephones, computer wiring and networking cable (provided that Sublessee will obtain Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the prior consent of Lessor and Sublessor to such items Premises except to the extent required caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Such license is further conditioned upon the Master 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 or except as expressly set forth in this Sublease)Section 41.2. Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during 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 Tenant shall have no obligation to pay Basic Rent, Operating Expenses, Real Property Taxes or costs for the Remainder Space electricity, gas or HVAC (provided that Tenant’s usage thereof during the such Early Access Period will is not excessive). Landlord shall not be pro-rated between Sublessee 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, except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. All costs and Sublessor based upon the approximate rentable area expenses in connection with or arising out of the Remainder Space each party has the right to use in relation 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 its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the total rentable area extent arising out of or in connection with any and all work performed by or (excepting the Remainder Space, as reasonably determined Tenant Improvements or any other work performed by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof Landlord) on behalf of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect SublesseeTenant or Tenant’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 contractors during such early entry (including, without limitationbut not limited to, failure claims for breach of warranty, personal injury or property damage), except to provide proof of insurance) the extent caused by Landlord’s or Force Majeure eventsLandlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, then as Sublesseein Landlord’s sole remedyand absolute discretion, Sublessee shall receive one (1) day to settle, compromise, or otherwise dispose of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery any and all suits, claims, and actions against any of the Remainder Spaceindemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager, which abatement shall and such entry shall, except as expressly set forth in this Section 41.2, be applied to made in compliance with all terms and conditions of this Lease and the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Early Access. Sublessor will allow Sublessee For the purpose of Tenant completing Tenant’s Work, as set forth in Exhibit B, and subject to the terms and conditions of this Section 4.5, Landlord agrees to grant Tenant (or Tenant’s designated contractor or service person) access to the Remainder Space Premises prior to the Delivery of the Premises as long as such access does not interfere with or delay the performance of Landlord’s work required to satisfy the requirements for the Delivery of the Premises (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”) ). Any delays in the completion of the Landlord’s work required 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 satisfaction of the first day Sublessee accesses Delivery of the Remainder Space. Utility costs for Premises conditions set forth in Section 3.3 above attributable to Tenant’s activities in the Remainder Space Premises during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon shall accelerate the approximate rentable area Delivery of the Remainder Space Premises and the Commencement Date by one day for each party has the day of such Tenant delays. Unless Landlord otherwise agrees thereto in writing, Tenant shall have no right to use in relation to the total rentable area occupy all or any part of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted Premises prior to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements Delivery of the Sublease Premises. Such Early Access Period shall not advance the Commencement Date or the Expiration Date, but such access shall be subject to all provisions of this Lease, excluding payment of monthly Base Rent, Tenant’s Share of Operating Expenses and Tenant’s payment of any applicable to utility charges for such Early Access Period preceding 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 Delivery of the Remainder Space to Sublessee on or before November 1, 2018 Premises. From the Delivery of the Premises until the Commencement Date (the “Outside DateEarly Occupancy Period”), which date Tenant shall have unrestricted access to the Premises in order to perform Tenant’s Work. Tenant shall have no right to occupy all or any part of the Premises during the Early Occupancy Period other than to perform the Tenant’s Work. Such Early Occupancy Period shall not advance the Commencement Date or the Expiration Date; but such access shall be extended on a day subject to all provisions of this Lease, excluding payment of monthly Base Rent, Tenant’s Share of Operating Expenses (but subject to Tenant’s payment of any applicable utility charges for day basis by delays caused by Sublesseesuch Early Occupancy Period preceding the Commencement Date). Tenant’s acts or omissions (including, without limitation, failure early access 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 and occupancy of the Remainder SpacePremises shall also be subject to the following terms and conditions:
(a) Prior to any such access, which abatement Tenant shall have delivered to Landlord a certificate(s) of insurance for all insurance required to be maintained by Tenant hereunder, as further described in Section 11.
(b) Tenant’s access to the Premises during the Early Access Period shall not interfere with the completion of Landlord’s Work (if any).
(c) Without limiting anything contained herein, Tenant’s access and completion of Tenant’s Work and any occupancy of the Premises prior to the Commencement Date shall be applied subject to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateTenant’s indemnification obligations set forth in Sections 8.6(b), 12.2, 20.3, 23.19 and elsewhere herein.
Appears in 1 contract
Sources: Standard Industrial Lease (Alphatec Holdings, Inc.)
Early Access. Sublessor will allow Sublessee Sublandlord shall deliver exclusive possession of the Sublease Premises to Subtenant in "broom clean" condition, free of all personal property (other than the Furniture) on February 1, 2009 for purposes of moving into and constructing improvements to the Sublease Premises; provided, however, such early access to the Remainder Space (Sublease Premises by Subtenant shall be subject to all of the terms and conditions of this Sublease, except that Subtenant during that time shall have no obligation to make payment of Base Rental, Subtenant's Taxes Proportionate Share of Taxes, Subtenant's Expenses Proportionate Share of Expenses. Sublandlord shall cooperate with and assist Subtenant in separately demising the currently existing ADT security system serving the Master Premises for Suite 150) from and after use in 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 Sublease Premises. Notwithstanding anything to the extent required by the Master Lease or contrary contained in this Sublease). Sublessee shall not be obligated , Sublandlord represents to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access PeriodSubtenant that, 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 best of Sublandlord's knowledge, the Remainder Spaceplumbing, as reasonably determined by Sublessor. Sublessee will not fire suppression, lighting, heating, ventilation and air conditioning system and electrical systems in and serving the Sublease Premises are in good operating condition on the date of this Sublease and shall be permitted to enter in good operating condition on the Remainder Space unless and until it provides proof of insurance meeting the requirements date possession of the Sublease applicable Premises is delivered to Subtenant. If Sublandlord fails to deliver exclusive possession of the Remainder Space (but failure Sublease Premises to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, Subtenant in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November condition required above by February 1, 2018 (2009, then the “Outside Date”), which date Sublease Commencement Date shall be extended on a delayed one 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 February 1, 2009 that Sublandlord delays in delivering such exclusive possession of the Remainder Space, which abatement shall be applied Subleased Premises to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateSubtenant.
Appears in 1 contract
Sources: Sublease Agreement (Federal Home Loan Bank of Chicago)
Early Access. Sublessor will allow Sublessee Neither Tenant nor any person claiming by, through or under Tenant (collectively, the “Tenant Parties”) may enter the Premises for any purpose prior to the Commencement Date; provided, however, upon written request by Tenant (which may be made by email), Landlord shall, subject to the terms and conditions set forth in this Section 9, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Remainder Space Premises prior to the Expected Commencement Date. Any such access shall, prior to the date which is twenty-one (except for Suite 15021) from and after days preceding the Vivarium Commencement Date and continuing through the Expansion Expected 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”) be solely for the sole purpose of performing any initial improvements allowing Tenant to install its voice and installation data equipment and cabling in accordance at the appropriate times necessary to conform with the “critical path” of the Tenant Improvements, and on or after the date which is twenty-one (21) days preceding the Expected Commencement Date, for the additional purpose of installing in the Premises Tenant’s furniture, fixtures, and equipment or other leasehold improvements including but not limited as may be necessary to telephonesmake the Premises ready for Tenant’s use and occupancy (as applicable, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor “Tenant’s Pre-Occupancy Work”). Tenant shall deliver to such items Landlord Tenant’s written request for early access to the extent required by the Master Lease or this Sublease). Sublessee shall Premises 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 less than one (1) business day of Base Rent abatement for each day after the Outside Date (as extended) until prior to the date Sublessor tenders on which Tenant desires such access and such notice shall be accompanied by each of the following items: (i) the names and addresses of all Tenant Parties who will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work; and (ii) certificates of insurance evidencing such coverages reasonably required by Landlord to be maintained by contractors and occupants in the Building. Any and all access to the Premises and the performance of the Tenant’s Pre-Occupancy Work shall be subject to Landlord’s reasonable scheduling requirements. Tenant shall cause all Tenant Parties to observe all construction rules and regulations promulgated by Landlord from time to time in connection with the performance of work in the Building. If at any time any Tenant Party shall fail to observe such rules and regulations, then Landlord may revoke such license with respect to the offending Tenant Party immediately upon notice to Tenant. Tenant’s Pre-Occupancy Work shall be performed at Tenant’s sole risk, cost and expense and no delay in the delivery of the Remainder SpacePremises to Tenant caused by Tenant’s entry to the Premises or Tenant’s Pre-Occupancy Work shall delay the Commencement Date. Landlord shall not be liable for any injury, loss or damage which may occur to Tenant’s Pre-Occupancy Work (including without limitation any property of Tenant placed in the Premises) and Tenant shall indemnify and hold harmless Landlord for any damage to Tenant’s Pre-Occupancy Work, the Premises or to any portion of the Tenant Improvements arising from Tenant’s Pre-Occupancy Work or otherwise caused by any Tenant Party. Upon written request by Tenant prior to the installation of Tenant’s Pre-Occupancy Work, Landlord agrees to provide a written list of any improvements constituting part of Tenant’s Pre-Occupancy Work that Landlord will require Tenant to remove from the Premises at the end of the Lease Term. At the end of the Lease Term, Tenant shall not be required to remove any improvements constituting part of Tenant’s Pre-Occupancy Work which are not identified on such list (such items being the “Non-Removal Tenant’s Pre-Occupancy Work”). SCHEDULE C-1 PROJECT SCHEDULE C-8 SCHEDULE C-2 FINAL SPACE PLAN C-10 C-11 InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 SIZE ROOM # ROOM NAME DOOR NO. WIDTH HEIGHT THICK MATL SELF CLOSURE LOCKING GLASS TYPE FRAME MATL FUNCTION NOTES 400 Waiting 400a 6’-0’’ 8“0” — GLASS Y Y Y — FRAMELESS SWIPECARD BUILDING STANDARD HERCULTE 402 Interview Room 402a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 403 Interview Room 403a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 405 Visitor Servery/Coats 405a 6’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE 406 Executive Conference 406a 6’-0” 8“0” — GLASS N N Y — Drywall return BUTT GLASS/FLAT TRACK BARN DOOR HARDWARE/SS 407 VP Office 407a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 408 MGR Office 408a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 409 MGR Office 409a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 410 Team RM/Phone Enclave 410a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 411 Open Office 411a 3’-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM CARD ACCESS SWIPE CARD ACCESS 412 VP Office 412a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 413 VP Office 413a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 414 VP Office 414a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 415 VP Office 415a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 417 MGR Office 417a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 418 MGR Office 418a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 419 MGR Office 419a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 421 MGR Office 421a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 422 MGR Office 422a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 423 MGR Office 423a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 424 VP Office 424a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 425 Director Office 425a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 426 Conference 426a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 428 Copy/Mail 428a 3’-6” 8“0” — — — — — — — FRAMED OPENING 428b 3’-6” 8“0” — — — — — — — FRAMED OPENING 429 Mgr Office 429a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 430 Mgr Office 430a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 434 Dining 434a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 435 Kitchen 435a 6’-0” 8’-0” — — — — — — — FRAMED OPENING 436 Vending 436a 3’-0” 8“0” — — N N N — — FRAMED OPENING 436b 3’-0” 8“0” — — N N N — — FRAMED OPENING 438 Kitchen Storage 438a 3’-0” 8“0” 1-3/4” MAPLE — Y — — HM STOREROOM 439 Health Services 439a 3’-0” 8“0” — — — — — — — FRAMED OPENING 440 Health Services 440a 3’-0” 8“0” 1-3/4” MAPLE N Y N — HM PRIVACY PRIVACY LOCK 442 Hardware Storage 442a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM STOREROOM 443 LAN Room 443a 3’-0” 8“0” 1-3/4” MAPLE N Y Y PASSAGE LITE HM CARD ACCESS SWIPECARD 445 Director Office 445a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 446 Phone Enclave 446a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 447 Director Office 447a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 448 Open Office 448a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 448b 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 449 HR Storage 449a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PRIVACY PRIVACY LOCK NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 450 Director Office 450a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 452 Team Rm/Phone Enclave 452a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 454 Open Office 454a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 455 Director Office 455a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 456 Director Office 456a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 457 Director Office 457a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 459 Mgr Office 459a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 460 Mgr Office 460a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 461 Mgr Office 461a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 462 Passage 462a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 463 Phone Enclave 463a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE 464 Copy/Mail 464a — — — — — — — — FRAMED OPENING 465 Mgr Office 465a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 466 Mgr Office 466a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 467 Mgr Office 467a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 468 Director Office 468a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 469 Director Office 469a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 470 Director Office 470a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 471 Conference 471a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 474 Mgr Office 474a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 475 Mgr Office 475a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 477 Passage 477a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 478 Mgr Office 478a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 479 Mgr Office 479a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 480 Mgr Office 480a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 481 Conference 481a 3’-0” 8“0” 1-3/4” MAPLE N N Y — HM PASSAGE SIDELITE 482 Director Office 482a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 483 VP Office 483a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 484 VP Office 484a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 485 Passage 485a 3‘-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 486 Executive Lounge 486a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Plumbing Fixture Schedule Client: Connecture Atlanta Project No: 13004-01 Date: September 20, 2013 Revised: ROOM # ROOM NAME ITEM MFG. PRODUCT DESC FINISH 404 Visitor Servery sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K15850-4M Coralis Faucet w/Lever Handles polished chrome disposal by LL Engineer 435 Kitchen sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K-15888-K Coralis Faucet w/Leverl Handles disposal by LL Engineer 439 Health Services toilet Kohler K-3949 Highline Comfort Height, 1.28 GPF, left hand lever White sink Kohler ▇▇▇▇▇-▇-▇ ▇▇▇▇▇▇▇▇▇ dropinsink w/concentricecircles, cast iron, 8” centers White faucet Kohler ▇-▇▇▇▇▇-▇ ▇▇▇▇▇▇ widespread faucet w/lever handles White PROVIDE ALL RELATED KOHLER ACCESSOSSORIES Hot water at all sink locations SCHEDULE C-3 SAMPLE LEVEL OF DETAIL FOR DESIGN DEVELOPMENT DRAWINGS AND SPECIFICATIONS Reference is made to the following plans prepared by InteriorLOGIC for Connecture in the Brookfield ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇, dated April 27, 2012: Improvements Index
1. Drawings A200 – Connecture Second Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A201 – Connecture Second Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A203 – Connecture Second Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Electrical Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12 A300 – Connecture Third Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A301 – Connecture Third Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A303 – Connecture Third Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A304 – Connecture Elevations and Details prepared by InteriorLOGIC, dated 4/27/12 A305 – Connecture Elevations and Details prepared by InteriorLOGIC, dated 4/27/12 A306 – Connecture Floor Pattern Plan prepared by InteriorLOGIC, dated 4/27/12 A307 – Connecture Electrical Schematic prepared by InteriorLOGIC, dated 4/27/12 A308 – Connecture Third Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12
2. Schedules and Specifications A. Workletter Finish and Material Specification B. Room Finish Schedule C. Product Cut Sheets D. Casework Schedule E. Door Schedule 3. AutoCAD Files A. Second Floor B. Third Floor C-17 EXHIBIT D RULES AND REGULATIONS
1. The sidewalks, and public portions of the Building, such as entrances, passages, courts, elevators, vestibules, stairways, corridors or halls, and the streets, alleys or ways surrounding or in the vicinity of the Building shall not be obstructed, even temporarily, or encumbered by Tenant or used for any purpose other than ingress and egress to and from the Premises.
2. No awnings or other projections shall be attached to the outside walls of the Building. No curtains, blinds, shades, louvered openings, tinted coating, film or screens shall be attached to or hung in, or used in connection with, any window, glass surface or door of the Premises, without the prior written consent of Landlord, unless installed by Landlord.
3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Tenant on any part of the outside of the Premises or Building or on corridor walls or windows or other glass surfaces (including without limitation glass storefronts). Signs on entrance door or doors shall conform to building standard signs, samples of which are on display in Landlord’s rental office. Signs on doors shall, at Tenant’s expense, be inscribed, painted or affixed for each tenant by sign makers approved by Landlord. In the event of the violation of the foregoing by Tenant, Landlord may remove same without any liability, and may charge the expense incurred by such removal to Tenant.
4. The sashes, sash doors, skylights, windows, heating, ventilating and air conditioning vents and doors that reflect or admit light and air into the halls, passageways or other public places in the building shall not be covered or obstructed by Tenant, nor shall any bottles, parcels, or other articles be placed on the window ▇▇▇▇▇.
5. No show cases or other articles shall be put in front of or affixed to any part of the exterior of the Building, nor placed in the public halls, corridors, or vestibules without the prior written consent of Landlord.
6. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by Tenant.
7. Tenant shall not in any way deface any part of the Premises or the Building. If Tenant desires to use linoleum or other similar floor covering, an interlining of builder’s deadening felt shall be first affixed to the floor, by a paste or other material, soluble in water; the use of cement or other similar adhesive materials, which abatement are not water soluble, are expressly prohibited.
8. No bicycles, vehicles, or animals of any kind shall be applied brought into or kept in or about the Premises. No cooking shall be done or permitted by Tenant on the Premises except in conformity to law and then only in the monthly Base Rent otherwise payable utility kitchen, if any, as set forth in Tenant’s layout, which is to be primarily used by Tenant’s employees for heating beverages and light snacks. Tenant shall not cause or permit any unusual or objectionable odors to be produced upon or permeate from the Premises.
9. No space in the Building shall be used for manufacturing, distribution, or for the first (1st) month after storage of merchandise or for the Expansion Commencement Datesale of merchandise, goods, or property of any kind at auction.
Appears in 1 contract
Sources: Office Lease
Early Access. Sublessor will allow Sublessee access After Landlord determines that the Landlord’s First Floor Expansion Premises TI Work has sufficiently progressed to the Remainder Space (except for Suite 150) from and after point where permitting Tenant to enter the Vivarium First Floor Expansion Premises will not adversely affect the timely completion of the remaining elements of Landlord’s First Floor Expansion Premises TI Work, then prior to the First Floor Expansion Premises Commencement Date and continuing through Landlord shall permit Tenant to enter the First Floor 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”) Premises for the sole purpose of performing any initial improvements preparing the First Floor Expansion Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s sole risk and installation of furnitureexpense, fixturesand, 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 excepting only to the extent required caused by the Master gross negligence or willful misconduct of Landlord or any of Landlord’s agents, employees or contractors, 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. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease or this Sublease). Sublessee shall not be obligated (excepting only the obligations to pay Base Rent, Tenant’s Pro Rata Share of Expenses, Tenant’s Pro Rata Share of Laboratory Expenses, Tenant’s Pro Rata Share of Taxes or the Amenity Fee with respect to the First Floor Expansion Premises), including the provisions of this Lease regarding obtaining and maintaining insurance coverages, and the performance of Alterations in the First Floor Expansion Premises, notwithstanding that the First Floor Expansion Premises Commencement Date may not yet have occurred. Without limitation, all of such work performed by Tenant in the First Floor Expansion Premises shall be coordinated with any Base Rent work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work by Tenant damage the Building or Operating Expenses for the Remainder Space during First Floor Expansion Premises or interfere with the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as timely performance 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 SublesseeLandlord’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 First Floor Expansion Commencement DatePremises TI Work.
Appears in 1 contract
Sources: Lease (Vor Biopharma Inc.)
Early Access. Sublessor will allow Sublessee access Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises during the period, if any, commencing on the date Subtenant enters the Subleased Premises for the purpose set forth in this Section 2.2 but in no event prior 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 Effective Date (“Early Access PeriodDate”) and ending on the day immediately preceding the Commencement Date for the sole purpose purposes of performing any initial improvements and construction of the Initial Subtenant Alterations (defined in Section 14.2 below), installation of Subtenant’s personal property and the testing of equipment, furniture, fixturesfixtures and voice and data cabling, 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 all subject to the extent required by the Master Lease or terms, conditions and requirements of 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 All 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 rights and Sublessor based upon the approximate rentable area obligations 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 parties under this Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublesseeother than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility costs)charges, Subtenant’s obligation to carry insurance, Subtenant’s indemnification obligations, and/or Subtenant’s liability for damages, 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. Notwithstanding the foregoingabove, in Subtenant and Subtenant’s representatives shall have the event that Sublessor has right to enter the Subleased Premises following the Effective Date with prior notice to Sublandlord, for the purpose of planning the Initial Subtenant Alterations (no work of construction or demolition may be carried out during any such entry) and such access to the Subleased Premises shall not tendered delivery be deemed to trigger the Early Access Date and the rights and obligations of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date parties under this Sublease 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 Datenot commence with such access.
Appears in 1 contract
Sources: Sublease (Glu Mobile Inc)
Early Access. Sublessor will allow Sublessee Subject to the terms of this Paragraph 2.B and provided that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below), Landlord shall grant Tenant access to the Remainder Space (except for Suite 150) from and after Premises in the Vivarium Commencement Date and continuing through the Expansion Commencement DateEarly Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, and 2020, Landlord will allow Sublessee grant early access to Suite 150 from and after November the entire Phase I Premises; (2) on or before June 1, 2018 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and continuing through (3) on or before January 1, 2021, Landlord will grant early access to all of the Expansion Commencement Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access PeriodDate,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”) . Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the sole purpose of performing any initial improvements the Tenant Improvements, installing cabling, equipment, furnishings and installation other personalty; provided, however, in no event shall Tenant commence construction of furniture, fixtures, equipment or other leasehold improvements including but not limited the Tenant Improvements until Tenant has obtained all required building permits to telephones, computer wiring commence Construction therefor and networking cable (provided that Sublessee will obtain the delivered to Landlord a copy of such permits to Landlord. Such access prior consent of Lessor and Sublessor to such items to the extent Commencement Date shall be subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the Master Lease or this Sublease). Sublessee period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to pay provide any Base Rent services or Operating Expenses utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the Remainder Space during same. Said early access shall not advance the Early Access PeriodExpiration Date. During any such early access period, but will be responsible Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the payment of utilities for Base Building Core and Shell Work and the Remainder Space commencing as of the first day Sublessee accesses the Remainder SpaceTenant Improvements. 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 In the event that Sublessor has not tendered delivery such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of the Remainder Space to Sublessee on or before November 1, 2018 occupancy (the a “Outside DateTCO”), 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 eventsits equivalent for the Premises at the earliest possible date, then as Sublessee’s sole remedyand such adverse impact, Sublessee shall receive delay and/or interference continues for more than one (1) day of Base Rent abatement for each business day after the Outside Date (as extended) until the date Sublessor tenders delivery Landlord provides Tenant with written notice of the Remainder Spacesame, which abatement shall be applied to then any resulting delay in Landlord’s Substantial Completion of the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Date.Base
Appears in 1 contract
Sources: Office Lease (Asana, Inc.)
Early Access. Sublessor Provided and on the express condition that Tenant uses ▇▇▇▇ ▇▇▇▇▇▇▇▇ & Associates as the general contractor to perform the Tenant Work, Landlord will allow Sublessee permit Tenant and Tenant’s contractors to access the Premises from and after September 15, 2017 in order to commence the performance of the Tenant Work so long as, in Landlord’s reasonable determination, such access and work can be performed without interference with or delay in the timely performance of any remaining Landlord’s Work. If Tenant does not use ▇▇▇▇ ▇▇▇▇▇▇▇▇ & Associates as the general contractor for the Tenant Work, Tenant will have no right to access the Premises for the performance of the Tenant Work until the Substantial Completion Date, provided, however, upon the request of Tenant, Landlord shall grant Tenant reasonable access to the Remainder Space Premises following completion of Landlord’s demolition work to the Premises to allow Tenant to perform Customary Pre-Construction Activities (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Dateas hereinafter defined), provided such access, in Landlord’s reasonable discretion, is coordinated with and will allow Sublessee not interfere with the timely performance of Landlord’s Work. Any early 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 by Tenant 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 substantial completion 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 SublesseeLandlord’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 Work shall be extended on a day for day basis subject to reasonable rules and regulations as may be established by delays caused by Sublessee’s acts or omissions (Landlord from time to time, including, without limitation, failure hours of access and that the performance of Landlord’s Work shall have priority over any activities that Tenant is conducting or shall propose to provide proof conduct during the period prior to the Substantial Completion of insuranceLandlord’s Work. Any interference by Tenant, its employees, agents, invitees or contractors that causes an actual delay in the performance of the Landlord’s Work as a result of Tenant’s early access to the Premises shall constitute a Tenant Delay under this Lease. “Customary Pre-Construction Activities” shall mean such architectural and engineering activities that are generally performed in preparation for the construction of first class office space in the financial district of Boston, Massachusetts and which do not involve the performance of work which physically alters in any way any portion of the Premises or the Building and which do not affect or interfere with the operation of any Building systems. Examples of Customary Pre-Construction Activities are the taking or preparation of measurements, surveys, elevations, sketches and layouts. Any such access to the Premises by Tenant and Tenant’s employees, agents, contractors, subcontractors material suppliers and laborers prior to the Substantial Completion Date shall be (i) or Force Majeure events, then as Sublesseeat Tenant’s sole remedyrisk and expense, Sublessee shall receive one (1ii) day of Base Rent abatement for each day after coordinated with the Outside Date (as extended) until the date Sublessor tenders delivery timely performance of the Remainder SpaceLandlord’s Work and not interfere with or delay in any material respect the performance of the Landlord’s Work, which abatement and (iii) subject to such reasonable access rules as Landlord may impose based upon the status of completion of Landlord’s Work and the remaining Landlord’s Work to be performed in the Premises, (iv) subject to and upon all of the same terms and conditions of this Lease except for the obligation to pay Rent, (v) conditioned upon Tenant’s complying with and performing, and causing its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s insurance and indemnity obligations and other obligations governing the conduct of Tenant at the ACTIVE/91437610.6 Property under the Lease (provided that no Basic Rent, or Additional Rent shall accrue or be payable during such time), and (vi) to the fullest extent permitted by applicable Laws, the installation or placement of any furniture, equipment, construction materials and supplies and other property in the Premises shall be applied at the sole risk and hazard of Tenant and Landlord shall not be liable for any theft, loss, injury or damage to the monthly Base Rent otherwise payable any such property therein and Tenant shall be solely responsible for the first (1st) month after the Expansion Commencement Datesecurity of any such Tenant’s property, materials and supplies.
Appears in 1 contract
Early Access. Sublessor Tenant shall have the right to enter the Premises 15 days prior to the Commencement Date for the purpose of installing Tenant’s computer and telephone cabling, fixtures, furniture, and equipment provided that (a) such entry will allow Sublessee not delay or hamper the completion of the Tenant Improvements, (b) Tenant and its vendors and contractors have obtained all governmentally required permits separate from any permits obtained by Landlord as to work to be performed by Landlord, if any, (c) Landlord may revoke or restrict Tenant’s or its contractors’ early access to the Remainder Space Premises if such access interferes with, hampers, or prevents completion of the Tenant Improvements at the earliest possible date, (except for Suite 150d) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee Tenant’s access to Suite 150 from the Premises shall be subject to all of the terms and after November 1provisions of the Lease, 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 except as 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 Rent, (e) any entry by Tenant in the Premises prior to the Commencement Date shall be at Tenant’s sole risk and subject to Tenant coordination with Landlord’s project or property manager, and (f) all work by Tenant’s contractors is subject to the administrative supervision of Landlord and its contractor. Landlord assumes no responsibility or liability for injury to persons or damage to property caused by the Tenant’s exercise of the rights and privileges granted in this paragraph, and Tenant shall indemnify, defends, and hold Landlord harmless from and against any loss, cost, damage, liability, or expense suffered or incurred by Landlord as a result thereof. Tenant shall adopt a schedule for its work in conformance with Landlord’s schedule for the Remainder Space commencing Tenant Improvements and shall conduct its work in such a manner as of the first day Sublessee accesses the Remainder Spaceto maintain harmonious labor relations. 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 All delays to the total rentable area of the Remainder Space, as reasonably determined Tenant Improvements caused 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 SublesseeTenant’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 early access shall be extended on deemed 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 DateTenant Delay under this Lease.
Appears in 1 contract
Sources: Office Lease (Direct Insite Corp)
Early Access. Sublessor will allow Sublessee So long as Landlord shall have first received payment of the first installment of Base Rent payable hereunder, evidence of the insurance coverage required pursuant to Section 9, and the Security Deposit required pursuant to Section 11, then Landlord shall provide Tenant early access (i) to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises as of the date of this Lease, and (ii) to the 24 Cherry Hill Premises on April 1, 2017. Such early access shall be to perform Tenant's Work as set forth in Exhibit D attached hereto. In connection with such access , Tenant agrees (a) to cease promptly upon notice from Landlord any Tenant's Work which is not set forth on Exhibit D, is not directly related to the Work described therein or is not otherwise in compliance with the provisions of this Lease, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Tenant's Work with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the Lease, except that there shall be no obligation on the part of Tenant solely because of such access to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Datepay Base Rent, 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 Taxes or Operating Expenses for prior to the Remainder Space Commencement Date with respect to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises or prior to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Commencement Date with respect to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises. If Tenant fails to comply with the terms and conditions of this Lease applicable to such early access during the Early Access Period, but will be responsible for the payment period 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 early access after one (1) business day prior notice from Landlord, Landlord shall have the right to immediately suspend Tenant's right to right to access the Premises early. Anything herein to the contrary notwithstanding, if early access to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises is not delivered to Tenant by April 15, 2017, or possession of Base Rent abatement the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises is not delivered to Tenant by May 15, 2017, then for each day after of delay thereafter, the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Base Rent Abatement Period shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateextended by one day.
Appears in 1 contract
Sources: Lease Agreement (Abiomed Inc)
Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space (except for Suite 150) terms and conditions of this Section 2.4, Tenant shall have the right to enter and occupy the Premises from and after the Vivarium Commencement Date and continuing through date that is twenty-one (21) days prior to the Expansion Lease Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through as reasonably estimated by Landlord (the Expansion Commencement Date (“Early Access PeriodDate”), solely for purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and special equipment, and to “fix-up” the Premises for Tenant’s intended use (but not to operate Tenant’s business), and such early entry for such purposes shall not trigger the Lease Commencement Date. Tenant agrees that (i) any such early entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant shall not unreasonably interfere with Landlord or other tenants in the Building, and (iii) all terms, provisions and conditions of this Lease shall apply (except for the sole purpose payment of performing any initial improvements Base Rent and installation of furnitureAdditional Rent), fixturesincluding, equipment or other leasehold improvements including but not limited to, (a) Tenant’s obligation to telephonesprovide Landlord with evidence of liability insurance coverage pursuant to Sections 10 and 12 below, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor b) Tenant’s indemnity obligations pursuant to such items to the extent required by the Master Lease or this Sublease). Sublessee Section 13 below; provided, however, Landlord shall not be obligated to pay any Base Rent deliver possession of the Premises to Tenant until Landlord has received from Tenant insurance certificates as required under Sections 10 and 12 below. If Landlord chooses not to deliver possession of the Premises to Tenant because Landlord has not received the required insurance certificates, the Lease Commencement Date shall not be affected or Operating Expenses for delayed thereby. Notwithstanding anything in this Section 2.4 to the Remainder Space during contrary, if, as of the Early Access PeriodDate, but Landlord reasonably determines that Tenant’s early access to the Premises will be responsible for unreasonably interfere with the payment of utilities for the Remainder Space commencing as completion 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 eventsInitial Improvements, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after Landlord may limit or otherwise restrict Tenant’s early access rights, and (2) Tenant shall not, in connection with any early access, interfere with the Outside Date (as extended) until the date Sublessor tenders delivery completion 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 DateInitial Improvements.
Appears in 1 contract
Sources: Lease Agreement (Ambarella Inc)
Early Access. Sublessor will allow Sublessee Tenant shall be allowed early access prior 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 telecommunication equipment and furniture provided that (i) any delay in Substantial Completion arising from such early occupancy by Tenant, its, employees, contractors, invitees, or agents shall constitute a Tenant Delay, (ii) satisfactory evidence of insurance as required by Article 11 of this Lease shall first have been provided to Landlord and (iii) there shall be harmonious union labor relations between the contractors, subcontractors, suppliers and vendors on site and no disruption of the Work arising from Tenant’s early occupancy hereunder shall be permitted.
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on any part of the outside or inside of the Building without the prior written consent of the Landlord. Landlord shall have the right to remove, at Tenant’s expense and without notice, any sip installed or displayed in violation of this rule. All approved signs or lettering on doors and walls shall be printed, painted, affixed or inscribed at Tenant’s expense by a vendor designated or approved by Landlord. In addition, Landlord reserves the right to change from time to time the format or the signs or lettering and to require previously approved signs or lettering to be appropriately altered.
2. If Landlord objects in writing to any curtains, blinds, shades or screens attached to or hung in or used in connection with any window or door of the Premises, Tenant shall immediately discontinue such use. No awning shall be permitted on any part of the Premises. Tenant shall not place anything or allow anything to be placed against or near any glass partitions or doors or windows which may appear unsightly, .in the opinion of Landlord, from outside the Premises.
3. Tenant shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or stairways of the Building. No tenant and no employee or invitee of any tenant shall go upon the roof of the Building.
4. Any directory of the Building, if provided, will be exclusively for the display of the name and location of tenants only and Landlord reserves the right to exclude any other names. Landlord reserves the right to charge for tenant’s directory listing.
5. All cleaning and janitorial services for the l3ttilding and the Premises shall be provided exclusively through Landlord. Tenant shall not cause any unnecessary labor by carelessness or indifference to the good order and cleanliness of the Premises. Landlord shall not in any way be responsible to any tenant for any loss or property on the Premises, however occurring, or for any damage to any tenant’s property by the janitor or any other employee or any other person.
6. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed. No foreign substance of any kind whatsoever shall be thrown into any of them and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose employees or invitees, shall have caused it.
7. Tenant shall store all its trash and garbage within its Premises. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions issued from time to time by Landlord. Tenant will comply with any and all recycling procedures designated by Landlord,
8. Landlord will furnish Tenant two (2) keys free of charge to each door in the premises that has a passage way lock. Landlord may charge Tenant a reasonable amount for any additional keys, and Tenant shall not make or have made additional keys on its own. Tenant shall not alter any lock or install a new or additional lock or bolt on any door of its Premises. Tenant, upon the termination of its tenancy, shall deliver to Landlord the keys of all doors which have been furnished to Tenant, and in the event or loss of any keys so furnished, shall pay Landlord therefor.
9. If Tenant requires telephone, data, burglar alarm or similar service, the cost of purchasing, installing and maintaining such service shall be borne solely by Tenant. No boring or cutting for wires will be allowed without the prior written consent of Landlord.
10. No equipment, materials, furniture, fixturespackages, bulk supplies, merchandise or other property will be received in the Building or carried in the elevators except between such hours and in such elevators as may be designated by Landlord. The persons employed to move such equipment or materials in or out of the Building must be acceptable to Landlord.
11. Tenant shall not place a load upon any floor which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. Heavy objects shall stand on such platforms as determined by Landlord to be necessary to properly distribute the weight. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space in the Building to such a degree as to be objectionable to Landlord or to any tenants shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate the noise or vibration. Landlord will not be responsible for loss of or damage to any such equipment or other• property from any cause, and all damage done to the Building by maintaining or moving such equipment or other leasehold improvements including but not limited property shall be repaired at the expense of Tenant.
12. Landlord shall in all cases retain the right to telephonescontrol and prevent access to the Building of all persons whose presence in the judgment of Landlord would be prejudicial to the safety, computer wiring character, reputation or interests of the Building and networking cable (its tenants, provided that Sublessee will obtain nothing contained in this rule shall be construed to prevent such access to persons with whom any tenant normally deals in the prior consent ordinary course of Lessor its business, unless such persons are engaged in illegal activities. Landlord reserves the right to exclude from the Building between the hours of 6 p.m. and Sublessor 7 a.m. the following day, or such other hours as may be established from time to such items time by 1.andlord, and on Sundays and legal holidays, any person unless that person is known to the extent required by person or employee in charge of the Master Lease Building and has a Pass or this Sublease)is properly identified. Sublessee Tenant shalt be responsible for all poisons for whom it requests passes and shall be liable to Landlord for all nets of such persons. Landlord shall not be obligated liable for damages for any error with regard to pay the admission to or exclusion from the Building of any Base Rent person.
13. Tenant shall not use any method of heating or Operating Expenses air conditioning other than that supplied or approved in writing by Landlord.
14. Tenant shall not waste electricity, water or air conditioning. Tenant shall keep corridor doors closed. Tenant shall close and lock the doors of its Premises and entirely shut off all water faucets or other water apparatus and electricity, gas or air outlets before Tenant and its employees leave the Premises. Tenant shall be responsible for any damage or injuries sustained by other tenants or occupants of the Building or by Landlord for noncompliance with this rule.
15. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker or other device on the roof or exterior walls of the Building without landlord’s prior written consent, which consent may be withheld in Landlords sole discretion, and which consent may in any event be conditioned upon Tenant’s execution of Landlord’s standard form of license agreement. Tenant shall be responsible for any interference caused by such installation.
16. Tenant shall not m▇▇▇, drive nails, screw or drill into the partitions, woodwork, plaster, or drywall (except for pictures, tack boards and similar office uses) or in any way deface the Premises. Tenant shall not cut or bore holes for wires, Tenant shall not affix any floor covering to the floor of the Premises in any manner except as approved by Landlord. ‘rennin shall repair any damage resulting from noncompliance with this rule.
17. Tenant shall not install, maintain or operate .upon the Premises any vending machine without Landlord’s prior written consent, except that Tenant may install food and drink vending machines solely for the Remainder Space during convenience of its employees.
18. No cooking shall be done or permitted by any tenant on the Early Access PeriodPremises, except that approved microwave ovens or equipment for brewing coffee, tea, hot chocolate and similar beverages shall be permitted provided that such equipment and use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations.
19. Tenant shall not use in any space or in the public halls of the Building any hand trucks except those equipped with the rubber tires and side guards or such other material-handling equipment as Landlord may approve. Tenant shall not bring any other vehicles of any kind into the Building.
20. Tenant shall not permit any motor vehicles to be washed or mechanical work or maintenance of motor vehicles to be performed in any parking lot.
21. Tenant shall not use the name of the Building or any photograph or likeness of the Building in connection with or in promoting or advertising Tenant’s business. except that Tenant may include the Building name in Tenant’s address. Landlord shall have the right, exercisable without notice and without liability to any tenant. to change the name and address of the Building.
22. Tenant requests for services must be submitted to the Building office by an authorized individual. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instruction from Landlord, and no employee of Landlord will admit any person (Tenant or otherwise) to any office without specific instructions from Landlord.
23. Tenant shall not permit smoking or carrying of lighted cigarettes or cigars other than in areas designated by Landlord as smoking areas.
24. Canvassing, soliciting, distribution of handbills or any other written material in the Building is prohibited and each tenant shall cooperate to prevent the same, No tenant shall solicit business from other tenants or permit the sale of any good or merchandise in the Building, without the written consent or Landlord.
25. Tenant shall not permit any animals other than service animals, e.g. seeing eye dogs, to be brought or kept in or about the Premises or any common area of the Building.
26. These Rules and Regulations are in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of any premises in the Building. Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular tenant or tenants, but will no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other tenant or tenants, nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any or all of the tenants of the Building.
27. Landlord reserves the right to make such other and reasonable rules and regulations as in its judgment may from time to time be needed for safety and security, for care and cleanliness of the Building, and for the preservation of good order in and about the Building. Tenant agrees to abide by all such rules and regulations herein stated and any additional rules and regulations which are adopted. Tenant shall be responsible for the payment observance of utilities for all of the Remainder Space commencing foregoing rules by Tenant’s employees, agents, clients, customers, invitees and guests. THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is made and entered into as of the first 3rd 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 SpaceFebruary, 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 2010 (the “Outside Effective Date”), which date shall be extended on by and between MUSREF 13727 NOEL, L.P., a day for day basis by delays caused by Sublessee’s acts or omissions Washington limited partnership (including“Landlord”) and EQUITYMETRIX, without limitationLLC, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one a Texas limited liability company (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“Tenant”).
Appears in 1 contract
Early Access. Sublessor will allow Sublessee 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 applicable Premises up to sixty (60) days prior 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 applicable Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements installing, at Tenant’s sole cost and installation of expense, its furniture, fixtures, equipment and cabling in the applicable Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or other leasehold improvements including but not limited to telephonesotherwise affect the Commencement Date. Tenant, computer wiring at its sole cost and networking cable (provided that Sublessee will obtain expense, may enter the Premises prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee Early Access Period to conduct indoor air samples, subject to Landlord’s prior written consent, which shall not be obligated unreasonably withheld or delayed, and provided that ▇▇▇▇▇▇ uses ▇▇▇▇ Environmental (or if ▇▇▇▇ Environmental is not available, another environmental consultant selected by Tenant, subject to pay Landlord’s reasonable approval) to gather and analyze any Base Rent such air samples; any such entry by Tenant shall be subject to all other terms and conditions of this Section 41.1. 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 ▇▇▇▇▇▇’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 Operating Expenses 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 ▇▇▇▇▇▇’s activities at the Remainder Space during Premises. Such license is further conditioned upon the compliance by ▇▇▇▇▇▇’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, 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 Tenant shall have no obligation to pay utility costs)Basic Rent, Operating Expenses or Real Property Taxes. Notwithstanding Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by ▇▇▇▇▇▇, the foregoing, same being solely at Tenant’s risk. All costs and expenses in the event that Sublessor has not tendered delivery connection with or arising out of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date performance of any work by ▇▇▇▇▇▇ during such early entry shall be extended 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 its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work by Tenant or on a day for day basis by delays caused by SublesseeTenant’s acts or omissions behalf, during such early entry (including, without limitationbut not limited to, failure to provide proof claims for breach of insurance) warranty, personal injury or Force Majeure eventsproperty damage). Landlord shall have the right, then as Sublesseein ▇▇▇▇▇▇▇▇’s sole remedyand absolute discretion, Sublessee shall receive one (1) day to settle, compromise, or otherwise dispose of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery any and all suits, claims, and actions against any of the Remainder Spaceindemnified parties arising out of or in connection with the work performed by ▇▇▇▇▇▇ during any early entry. Tenant shall coordinate such entry with ▇▇▇▇▇▇▇▇’s building manager and, which abatement except as expressly set forth in this Section 41.1, such entry shall be applied to made in compliance with all terms and conditions of this Lease and the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Early Access. Sublessor will allow Sublessee Subject to the provisions of this Section 2.7, Tenant shall have access to the Remainder Space Premises as of January 4, 2021, provided that the walls and floors are sufficiently accessible and open to allow the installation of fixtures and provided that Tenant’s access does not materially interfere with Landlord’s Work in the Building. Early access must be coordinated upon the mutual agreement of the parties. During such period, Tenant and Tenant’s contractors may install Tenant’s required fixtures, Tenant’s racking systems, conveyors and other material handling equipment, communications infrastructure, IT, telephone and security systems and any IT required cabling (except for Suite 150) from and after collectively, “Fixturization”). During any Fixturization period, Tenant shall coordinate all Fixturization with Landlord so as not to interfere with, disrupt or delay in any way the Vivarium Commencement Date and continuing through the Expansion Commencement Datecompletion of any of Landlord’s Work, and failure to do so will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through constitute a Tenant Delay. Excluding 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 obligation to pay any Base Rent or Operating Expenses for form of Rent, Tenant’s early access to any portion of the Remainder Space Premises during Fixturization will be subject to the Early Access Period, but terms and conditions of the Lease (including all insurance requirements) and these construction provisions. Landlord will not be responsible for any damage caused by Tenant, its agents, employees, contractors, subcontractors, independent contractors or suppliers during any period of Fixturization. Further, notwithstanding anything to the payment contrary in the foregoing, Tenant shall not conduct business operations in the Premises prior to the Commencement Date.
2.7.1 Tenant’s early access will be conditioned upon Tenant delivering to Landlord the Security Deposit and all insurance certificates required to be delivered pursuant the Lease, and provided that the walls and floors are sufficiently accessible and open to allow the installation of utilities for fixtures. Immediately prior to such early access, Fixturization or use, Tenant and Landlord shall jointly inspect the Remainder Space commencing as areas to be occupied or portion of the first day Sublessee accesses Work to be used to determine and record the Remainder Space. Utility costs for status of completion and the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area condition of the Remainder Space each party Work. Landlord and Tenant acknowledge that (a) construction of the Work in certain areas of the Building required by Tenant for Fixturization may not be Substantially Complete upon Tenant’s early access thereto, (b) Landlord has the right to use coordinate the completion of the Landlord’s Work with Fixturization as described elsewhere in relation this Work Letter, (c) without Landlord’s prior consent, Tenant will not schedule any Fixturization in areas which are not then scheduled to be completed by Landlord pursuant to the total rentable area applicable construction schedule, and (d) unless otherwise mutually agreed, early access to or use by Tenant of a portion or portions of the Remainder SpaceWork shall not constitute acceptance of Work not complying with the requirements therefor as described in this Work Letter.
2.7.2 Tenant may perform construction or operations related to Tenant’s Fixturization with Tenant’s own forces or separate contractors under contracts containing terms and conditions substantially similar to this Work Letter as to safety, as reasonably determined insurance and waiver of subrogation. Tenant shall provide or cause to be provided to Landlord a certificate of insurance for each separate contractor prior to such separate contractor’s commencement of work on the Property; Landlord reserves the right to (i) refuse entry onto the Property to a separate contractor for whom Landlord has no certificate of insurance and (ii) order any separate contractor that in the commercially reasonable opinion of Landlord exercised in good faith is using unsafe building practices and/or that fails to abide by Sublessorfederal, state, and local laws and regulations for jobsite safety or other applicable law to stop work, provided Landlord gives simultaneous notice thereof to Tenant and Tenant’s Representative. Sublessee will Tenant hereby acknowledges and agrees that during any period of early access to the Property by Tenant’s own forces or separate contractors which occurs prior to the Commencement Date of the Lease, (a) subject to the terms of this Work Letter, the storage and installation of fixtures and personal property (including equipment and inventory) in the Property shall be at Tenant’s sole risk, cost and expense, (b) Landlord shall not be permitted to enter the Remainder Space liable for and Tenant hereby releases Landlord from any and all liability for theft thereof or damage thereto, 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 Sublesseethe negligence or willful misconduct of Landlord or any contractors or subcontractors of Landlord, and (c) Tenant will reimburse Landlord for any damages to Landlord’s acts Work (and the reasonable cost to repair same) caused by Tenant’s own forces or omissions (including, without limitation, failure to provide proof separate contractors within 30 days after receipt 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 Datean invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Leatt Corp)
Early Access. Sublessor will allow Sublessee The foregoing in this Paragraph 1 notwithstanding, Tenant shall have the right, at no cost to Tenant (but subject to all the other terms and conditions of the Lease and this Amendment, including without limitation, Tenant’s obligations to maintain insurance), to access the New Space beginning approximately fourteen (14) days prior to the Remainder New 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 Lease Commencement Date (“Early New Access Period”) for the sole purpose limited purposes of performing any initial improvements inspecting the New Space and installation of installing telephone and computer cabling and Tenant’s moveable furniture, furnishings, fixtures, equipment or equipment, and other leasehold improvements including but not limited to telephonesmoveable personal property, 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 activities shall not be obligated to pay any Base Rent or Operating Expenses constitute the “beneficial use of the Premises” for purposes of Paragraph l(c)(ii) above (i.e., for the Remainder avoidance of doubt, ▇▇▇▇▇▇’s entry upon the New Space during the Early New Access Period in accordance with this Paragraph 1(d) shall not trigger the New Space Lease Commencement Date). Tenant’s entry upon the New Space during the New Access Period shall not interfere with or delay the performance of the Landlord’s Relocation Work. To facilitate ▇▇▇▇▇▇’s entry upon the New Space during the New Access Period, but will be responsible for Tenant shall provide Landlord with at least three (3) days’ prior notice of Tenant’s initial entry during the payment of utilities for New Access Period, and thereafter Tenant shall coordinate with Landlord’s representative regarding ▇▇▇▇▇▇’s subsequent entries upon the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder New Space during the Early New Access Period. If an uncured monetary Event of Default is then occurring, then at Landlord’s election, Tenant shall not have any right to enter upon the New Space during the New Access Period. The placement of any cabling, furniture, furnishings, fixtures, equipment, or other property within the Premises by Tenant or its Invitees during the New 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 Sublesseeat Tenant’s sole remedyrisk, 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 and Tenant shall be applied to the monthly Base Rent otherwise payable solely responsible for the first (1st) month after the Expansion Commencement Dateany loss or damage thereto from any cause whatsoever.
Appears in 1 contract
Sources: Deed of Lease (Urgent.ly Inc.)
Early Access. Sublessor will allow Sublessee 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 Remainder Space Premises on the latest to occur of (except for Suite 150i) from the first (1st) Business Day following the date of mutual execution and after delivery of this Lease, (ii) the Vivarium Commencement 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 continuing continue through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through date immediately preceding the Expansion 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 performing installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any initial improvements loss or damage thereto from any cause whatsoever. Such early access 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 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 by the Master under this Lease. The provisions of Sections 8(a) and 11 of this Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space apply in full during the Early Access Period, but will be responsible for and Tenant shall (x) provide certificates of insurance evidencing the payment existence and amounts of utilities for liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Remainder Space commencing as Premises. If Landlord reasonably determines that ▇▇▇▇▇▇’s early access is interfering in any material way with Landlord’s ability to deliver possession of the first day Sublessee accesses Premises in the Remainder Space. Utility costs for condition required under this Lease and/or to complete the Remainder Space Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access 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 Dateany liability.
Appears in 1 contract
Sources: Lease Termination Agreement (Spruce Biosciences, Inc.)
Early Access. Sublessor will allow Sublessee Commencing fifteen (15) days prior to Substantial Completion of the Expansion Premises, Tenant shall have access to the Remainder Space (except Expansion Premises solely for Suite 150) from the purposes of installing Tenant’s furniture, fixtures and after the Vivarium Commencement Date and continuing through equipment in preparation for Tenant’s occupancy of the Expansion Premises. In connection Tenant’s access to the Expansion Premises pursuant to this Section 2.2D 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 the Lease or which shall interfere with or delay the performance of the Tenant Improvements (as defined in Exhibit “B”) 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 the 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 for the Expansion Premises prior to the Expansion Premises 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”b) 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 Tenant shall not be obligated deemed thereby to pay any Base Rent have taken 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 accepted possession of the first day Sublessee accesses the Remainder SpaceExpansion Premises or any portion thereof. 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 If Tenant fails or refuses to comply or cause its contractor to comply with any of the Remainder Space each party has 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 to use in relation of access 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) Expansion Premises 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 Premises Commencement Date.
Appears in 1 contract
Sources: Lease (Antares Pharma, Inc.)
Early Access. Sublessor will allow Sublessee access Landlord shall permit Tenant and its agents to enter (a) the Office Premises approximately four (4) weeks prior to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Early Occupancy Date and continuing through (b) the Expansion Commencement Date, and will allow Sublessee access Laboratory Premises approximately four (4) weeks prior to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (each such period, the “Early Access Period”) ), for the sole purpose of performing any initial improvements installing, at Tenant’s sole cost and installation of expense (except as expressly set forth in the Work Letter Agreement), its furniture, fixtures, equipment or other leasehold improvements including but not limited and cabling in such portion of the Premises and as otherwise reasonably necessary 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 perform any facility validations required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses Governmental Authorities for the Remainder Space during the Early Access PeriodTenant’s Permitted Use, 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 in no event shall Tenant’s failure to complete such installations or validations during the Early Access Period will extend the Commencement Date. Any such entry shall be pro-rated between Sublessee in a manner and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right terms and conditions and at times reasonably satisfactory to use in relation to the total rentable area of the Remainder Space, as reasonably determined by SublessorLandlord’s representative. Sublessee will not be permitted The foregoing licenses to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable Office Premises prior to the Remainder Space Early Occupancy Date and the Laboratory Premises prior to the Commencement Date are, however, conditioned upon Tenant’s agents, contractors and their subcontractors and employees reasonably cooperating and not unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (but failure 24) hours written notice to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs)Tenant. 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 Tenant shall be extended on a day liable for day basis by delays any damages caused by SublesseeTenant’s acts activities at the Premises except to the extent caused by Landlord’s or omissions (Landlord’s contractors’ gross negligence or willful misconduct. 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, failure 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 provide proof Landlord, with certificates of insurancesuch 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 41.3. During each Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses, Real Property Taxes or costs for electricity, gas or HVAC (provided that Tenant’s usage thereof during such Early Access Period is not excessive). 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, except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. 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 its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or Force Majeure eventsin connection with any and all work performed by or (excepting the Tenant Improvements or any other work performed by Landlord) on behalf of Tenant or Tenant’s contractors during such early entry (including, then as Sublesseebut not limited to, claims for breach of warranty, personal injury or property damage), except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, in Landlord’s sole remedyand absolute discretion, Sublessee shall receive one (1) day to settle, compromise, or otherwise dispose of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery any and all suits, claims, and actions against any of the Remainder Spaceindemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager, which abatement shall and such entry shall, except as expressly set forth in this Section 41.3, be applied to made in compliance with all terms and conditions of this Lease and the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Early Access. Sublessor will 2.3.1 Notwithstanding anything contained in this Lease to the contrary, Landlord shall allow Sublessee Tenant and Tenant’s Agents, representatives and contractors access to the Remainder Space (except Premises after full execution of this Lease for Suite 150) from the purpose of planning, staging and after installing the Vivarium Commencement Date Tenant Improvements and continuing through otherwise preparing the Expansion Premises for Tenant’s use and occupancy prior to the Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through including without limitation the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of wiring, telecommunication systems, furniture, tenant 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 general setup. Such access shall be governed by the Master Lease or terms and conditions of this Sublease). Sublessee Lease; however, in no event shall not be obligated to pay any Base Rent or Operating Expenses Additional Rent be payable during such early access period. Landlord shall cooperate fully with Tenant in its efforts to complete the Tenant Improvements and prepare the Premises and Building for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as Tenant’s use and occupancy. If Substantial Completion of the first day Sublessee accesses Tenant Improvements has not occurred by December 20, 2004 because (a) Landlord has caused a delay in 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 Substantial Completion of the Remainder Space each party has Tenant Improvements or (b) the systems and facility servicing the Building and Premises (other than those listed as Landlord Improvements on Exhibit G) are not reliably functioning, Tenant’s early access right shall include the right to use in relation conduct its business operations from the Premises to the total rentable area extent permitted by Governmental Requirements.
2.3.2 Prior to any early occupancy by Tenant, Tenant shall have delivered to Landlord certificates of insurance confirming that Tenant has in force the insurance required by this Lease. Prior to commencement of any improvement construction or fixture installation or any other work, Tenant shall have delivered to Landlord a certificate confirming that Tenant’s general contractor maintains commercial general liability insurance written on an occurrence basis, with a combined single limit of not less than $2,000,000, identifying Landlord and Manager as additional named insureds, worker’s compensation insurance in statutory amounts and employer liability insurance with a limit of not less than $1,000,000. Tenant’s entry into the Premises prior to the Commencement Date shall be at Tenant’s risk, except for the negligence or willful misconduct of Landlord, and subject to all of the Remainder Spaceterms of this Lease (other than the obligation to pay rent).
2.3.3 Any work or installation (including installation of office cubicles) performed by Tenant shall be completed in compliance with the provisions of this Lease. Tenant shall not knowingly engage or allow its general contractor to retain any and subcontractors of any tier who (a) are not parties to, as reasonably determined by Sublessor. Sublessee will not be permitted to enter and bound by, a collective bargaining agreement with a labor organization affiliated with the Remainder Space unless Building and until it provides proof of insurance meeting the requirements Construction Trades Council of the Sublease AFL-CIO applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding geographic area in which 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 Building is located and to the monthly Base Rent otherwise payable trade or trades in which the work under the contract is to be performed and (b) who do not employ members of such labor organizations to perform work within their respective jurisdictions, unless no subcontractor fitting the descriptions in preceding clauses (a) and (b) is available within the respective jurisdiction for the first (1st) month after the Expansion Commencement Datethat particular item of work or type of installation.
Appears in 1 contract
Sources: Triple Net Lease (HouseValues, Inc.)
Early Access. Sublessor The current occupant of the Premises (the “Current Occupant”) is, as of the Effective Date, in the process of removing its fixtures and equipment from the Premises. Subject to the terms and conditions of this Lease and provided Landlord has received the pre-paid Base Rent required hereunder, the Letter of Credit and all evidence of insurance coverage required hereunder, Landlord will allow Sublessee access Tenant to enter the Remainder Space Premises for the seven (except for Suite 1507) from and after day period (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”) immediately following the date upon which both (i) the Current Occupant completes such removal and (ii) Landlord completes Landlord’s Work, and prior to the Commencement Date, solely for the sole purpose of performing any initial improvements and installation of installing furniture, fixtures, fixtures and equipment or other leasehold improvements including but not limited to telephones, computer wiring in the Premises (if Tenant completes such installation and networking cable (provided that Sublessee will obtain commences business operations in the Premises 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 Periodexpiration of such seven (7) day 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 deemed to have expired as of the Remainder Space each party has the right to use in relation to the total rentable area end 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 Sublesseeday immediately preceding Tenant’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 day of business operations in the Expansion Commencement DatePremises). Landlord may withdraw its permission for Tenant to so enter the Premises during the Early Access Period at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for Landlord, Tenant, Tenant’s vendors and contractors or other tenants in the Building. Such early entry shall be subject to all the terms and provisions of this Lease, except that Tenant shall have no obligation to pay Base Rent or other charges during such early access period unless Tenant commences business operations in the Premises during such early access period.
Appears in 1 contract
Sources: Office Lease Agreement (RPX Corp)
Early Access. Sublessor will allow Sublessee access Notwithstanding anything herein to the Remainder Space (except for Suite 150) from contrary, Sublandlord shall deliver possession of the Existing Premises to Subtenant in the required condition and after permit Subtenant and Subtenant’s employees and agents to enter the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November Existing Premises commencing on December 1, 2018 and continuing through 2021 or such later date as the Expansion Commencement Date conditions described in subparts (i)-(iii) below are satisfied (the “Early Access PeriodOccupancy Date”), to prepare the Existing Premises for Subtenant’s use and occupancy, provided, however, such early occupancy of the Existing Premises shall be permitted by Sublandlord only if: (i) this Sublease is fully executed by both Sublandlord and Subtenant prior to the Early Occupancy Date; (ii) Subtenant has delivered to Sublandlord the Base Rent (as defined in Section 3(a)) for the sole purpose first month of performing any initial improvements the Term and installation evidence of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring insurance as required under this Sublease; and networking cable (provided that Sublessee will obtain iii) Sublandlord and Subtenant have received the Consent prior consent of Lessor and Sublessor to such items to the extent required by Early Occupancy Date. Any period prior to the Existing Premises Commencement Date during which Subtenant is in possession of the Existing Premises shall be referred to herein as the “Pre-Possession Term.” Subtenant agrees that Subtenant’s occupancy of the Existing Premises during the Pre-Possession Term shall be subject to all the terms, covenants, and conditions of this Sublease and the Master Lease or this Sublease). Sublessee Lease, except, however, Subtenant shall not be obligated to pay any Base Rent or Operating Expenses (except Subtenant shall be obligated to pay for the Remainder Space during requested services) from the Early Access PeriodOccupancy Date to the Existing Premises Commencement Date and any Subtenant’s obligations relating to indemnification or insurance shall not be applicable to any acts, but will be responsible for negligence or willful misconduct of Sublandlord or its agents or contractors during such Pre-Possession Term. Notwithstanding anything to the payment of utilities for the Remainder Space commencing as contrary herein, (A) if Sublandlord fails to deliver possession 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, Existing Premises 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 required above on or before November 1December 15, 2018 2021 for any reason other than the failure of the conditions described in subparts (i)-(iii) above to be satisfied, the “Outside Date”), which date Subtenant is obligated to commence paying Rent shall be extended on a day for day basis delayed 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 such day after the Outside Date of delay and (as extendedB) until the date Sublessor tenders delivery of the Remainder Space, which abatement Subtenant shall be applied have no liability under this Sublease with respect to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateExisting Premises until such delivery occurs.
Appears in 1 contract
Sources: Sublease (Upstart Holdings, Inc.)
Early Access. Sublessor will allow Sublessee Seller and Purchaser shall cooperate in providing early access to the Remainder Space (except Premises for Suite 150) the period from and after the Vivarium Commencement Date date of full execution of this Agreement (the “Signing Date”) and continuing through prior to the Expansion Commencement Effective Date, to permit Purchaser to familiarize itself with, and will allow Sublessee prepare for full occupancy of, those portions of the Premises vacated by Seller and accepted by Purchaser in accordance with a phased occupancy plan approved by Seller and Purchaser and attached hereto as Schedule 1.5. Purchaser’s activities on the Premises during such early access to Suite 150 from period shall be in full compliance with applicable provisions of the Lease. Purchaser shall have no obligation for rent, property taxes or other Premises operating expenses; provided, however, Purchaser shall be responsible for (i) all of its costs of clean rooms cleaning, and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”ii) costs for the sole purpose treatment and removal of performing any initial improvements its biohazard, hazardous materials and installation waste products and environmental materials, the handling, treatment, disposal and/or storage of furniturewhich is regulated under applicable law, fixtures, equipment or other leasehold improvements including but not limited all such activities to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor be in accordance with such laws during such early occupancy. Seller shall have no obligation to provide services to Purchaser as to such items materials. Purchaser’s activities on the Premises prior to the Effective Date shall not interfere with Seller’s activities on the Premises during such period. Seller shall maintain and Purchaser shall obtain appropriate liability and casualty insurance policies during the period of such early occupancy, which each of such insurance policies shall name the other party as an additional insured thereunder to the extent of their respective interests. Purchaser shall also maintain workers compensation insurance in statutorily required by the Master Lease or this Sublease). Sublessee shall not be obligated amounts with respect to pay its employees occupying 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 portion of the first day Sublessee accesses Premises prior to the Remainder SpaceEffective Date. Utility costs for Each party shall receive appropriate certificates of such insurance prior to the Remainder Space during commencement of Purchaser’s early occupancy. From and after the Early Access Period will be pro-rated between Sublessee and Sublessor based upon Signing Date until the approximate rentable area of the Remainder Space each party has Effective Date, Purchaser shall have the right to use in relation to contact and initiate meetings with Landlord directly regarding the total rentable area of Lease and the Remainder SpacePremises; provided, 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 foregoinghowever, 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 Seller shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure provided contemporary notice of such contact and Seller shall have the right 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 Dateparticipate in all such contacts and meetings.
Appears in 1 contract
Sources: Lease Assignment and Asset Purchase Agreement (Tanox Inc)
Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space (except for Suite 150) provisions below, from and after the Vivarium Commencement Date and continuing through Effective Date, Tenant shall have the right to enter the Expansion Commencement DatePremises in order to generally prepare the Expansion Premises for occupancy including the storage of product, and will allow Sublessee but not to conduct normal business operations ("Early Access"). Other than in connection with Landlord's Work, the Repair Work or any emergency relating to the Expansion Premises, Landlord shall not grant access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Premises to any party between 3
b. Tenant shall comply with all the terms and conditions of this Lease during any Early Access, other than the obligation to pay Base Rent and its share of Operating Expenses with respect to the Expansion Premises. Nothing herein shall relieve Tenant from its obligations under the Lease with respect to the Existing Premises.
c. Tenant shall not unreasonably interfere with Landlord's completion of the Landlord's Work; d. Tenant will provide written notice to Landlord prior to any Early Access Period”) for and Landlord shall have the sole purpose of performing any initial improvements right to have a representative present during such access so long as Landlord does not delay Tenant's Early Access to the Expansion Premises.
e. Tenant shall not begin its normal business operations from the Expansion Premises until the First Expansion Date with respect to the First Expansion Premises or the Second Expansion Date with respect to the Second Expansion Premises, as the case may be.
f. Notwithstanding anything to the contrary contained herein, Tenant does hereby expressly acknowledge and agree that the storage and installation of furniturefixtures and Tenant's personal property (including equipment) in the Expansion Premises shall be at Tenant's sole risk, fixturescost and expense, 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 Landlord shall not be obligated to pay liable for and Tenant hereby releases Landlord from any Base Rent and all liability for any damage thereto occasioned by any act of God or Operating Expenses for the Remainder Space during the Early Access Periodby any acts, but will omissions or negligence of any persons; provided, however, that Landlord shall be responsible for its gross negligence or willful misconduct and the payment gross negligence or willful misconduct 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 its employees, officers, directors, agents, contractors, and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right subcontractors, Tenant does hereby further agree to use in relation indemnify, defend (with counsel reasonably acceptable 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”Landlord), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions and hold harmless Landlord and its employees, officers, directors, agents and contractors from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses (including, without limitation, failure attorneys' fees at the trial and appellate levels) of any and every nature arising out of or in any way relating to provide proof Tenant's Early Access; provided, however, that Tenant shall not indemnify Landlord for any matter arising from Landlord's gross negligence or willful misconduct or the gross negligence or willful misconduct of insurance) or Force Majeure eventsits employees, then as Sublessee’s sole remedyofficers, 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 Spacedirectors, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateagents, contractors, and subcontractors. 9.
Appears in 1 contract
Sources: Lease Agreement (Pfsweb Inc)