Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 2 contracts
Sources: Office Lease (Celator Pharmaceuticals Inc), Office Lease (Celator Pharmaceuticals Inc)
Early Access. Subject to the terms Subtenant and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the “Early Access Date”) for the sole purposes of installing wiring and cabling constructing Subtenant Improvements (defined in connection with the Section 14.2 below), installation of TenantSubtenant’s telecommunications system(s)personal property and the testing of equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant's obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges pursuant to the Master Lease, Subtenant’s obligation to carry insurance pursuant to the Master Lease, and Subtenant’s indemnification obligations, and/or liability for damages, reasonable costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the 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 terms of this Lease or which Sublease) shall interfere with or delay commence upon the performance of the Tenant ImprovementsEarly Access Date, 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 Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be subject 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 the applicable provisions 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 LeaseSublease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Master Lease and the rules and regulations attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Transcend Services Inc)
Early Access. (i) Subject to receipt of Master Landlord’s Consent, Subtenant shall have early access to the portion of the Subleased Premises consisting of approximately 9,789 rentable square feet as shown on Exhibit D hereto and identified therein as “Initial ConforMIS Space” (the “Early Access Area”) for the period commencing on June 15, 2012, or such earlier date as Sublandlord may determine in its sole discretion (the “Early Access Date”) until the Sublease Commencement Date (the “Early Access Period”), for the purposes of installing its telecommunications equipment, validating business equipment and operating any such validated equipment in support of Subtenant’s standard business operations (the “Early Access Work”). All Early Access Work shall be performed in accordance with the terms of the Master Lease, including but not limited to Section 6 thereof. In the event of a conflict between the terms and conditions of the Master Lease and the terms and conditions of this Section 2(d), the Master Lease shall control.
(ii) Subtenant’s early access rights granted herein shall be subject to all the terms and conditions of this Sublease, including without limitation all insurance and maintenance obligations, except that no Base Rent or Additional Rent under Section 4(d) herein will be charged to Subtenant during the Early Access Period. Notwithstanding the foregoing, Subtenant will be responsible for paying the Estimated Electricity Usage Charge during the Early Access Period based only on the 1st floor portion of the Early Access Area, as provided for in Section 5(a) below.
(iii) Prior to the Early Access Date, Sublandlord will, at its sole cost and expense, construct such demising partitions as may be necessary in Sublandlord’s sole discretion to separate the Early Access Area from the remainder of the Subleased Premises. Sublandlord shall remove such demising partitions at Sublandlord’s expense at the end of the Early Access Period and repair any damage caused by the removal of the partitions and restore to its previous condition.
(iv) Subtenant agrees that (i) it will use commercially reasonable efforts to not interfere with Sublandlord’s use of or access to the remainder of the Subleased Premises during the Early Access Period, (ii) Subtenant and its contractors shall conduct the Early Access Work in a manner that shall minimize disruption and inconvenience to other tenants and occupants of the Building, and (iii) Sublandlord’s representative shall have the right to inspect any work performed by Subtenant or its contractor during the normal hours of operation of the Building or such other hours as Sublandlord may reasonably request.
(v) Sublandlord makes no representation or warranty that the Early Access Area will be adequate to satisfy Subtenant’s needs with respect to the Early Access Work. Subtenant has previously inspected the Early Access Area and has satisfied itself as to the adequacy of such space. Notwithstanding the foregoing, Sublandlord agrees to cooperate with Subtenant and allow Subtenant reasonable access to other portions of the Subleased Premises to the extent reasonably necessary to perform the Early Access Work, which access (i) shall be requested (in writing, if commercially practicable, otherwise orally) at least twenty-four (24) hours in advance and (ii) may require, at Sublandord’s sole discretion, continuous escort by authorized personnel of Sublandlord.
(vi) Subtenant agrees to comply with the following terms and conditions during the performance of the Early Access Work:
(A) Subtenant shall keep all public and common areas of the Building where such work is being performed neat and clean at all times and Subtenant shall remove or cause all debris to be removed from the Building at the end of each work day.
(B) Subtenant shall promptly repair, at its sole cost and expense, any damage done to the Building or to the premises of any other tenant in the Building and to any existing heating, ventilating and air conditioning system (“HVAC”), electrical, plumbing, fire alarm, sprinkler and lighting systems serving the Building or other common areas appurtenant to the Building that are caused by or arise out of any work performed by Subtenant or its contractor pursuant to this Section.
(C) Any contractor performing such Early Access Work shall be subject to the prior written approval of Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed, and Master Landlord if required pursuant to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsMaster Lease.
(D) In performing such work, Tenant Subtenant and its contractor shall have access to observe Master Landlord’s and Sublandlord’s commercially reasonable rules and regulations regarding the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s)construction, 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 Improvementsinstallation, 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 removal of tenant improvements in the Building. Such access by Tenant , which rules and regulations, together with any modifications thereto, shall be deemed provided to be subject Subtenant, in writing, prior to all the applicable provisions of this Lease, except that enforcement.
(aE) there Subtenant shall be solely responsible at its sole cost and expense to correct and to repair any work or materials installed by Subtenant or Subtenant’s contractor, and Sublandlord shall have no obligation on the part of Tenant solely because of such access liability to pay Minimum Rent or any Additional Rent Subtenant whatsoever on account of Operating Expenses any work performed or Taxes material provided by Subtenant or electricity its contractor.
(F) All work done and materials furnished by Subtenant and/or its contractor shall be of such quality, shall be performed in such manner and in accordance and compliance with such Laws (as hereinafter defined) as required for any period prior work done and materials furnished by Sublandlord and/or its contractor pursuant to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 2 contracts
Early Access. Subject to the terms Subtenant and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant's representatives shall have the right to enter the Subleased Premises from and after the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the "Early Access Date") for the sole purposes of installing wiring installation of Subtenant's initial Subtenant Improvements (defined in Section 16.2 below), all subject to the terms, conditions and cabling in connection requirements of the Master Lease. All of the rights and obligations of the parties under this Sublease (other than Subtenant's obligation to pay Base Rent and Subtenant's Percentage Share of Operating Costs, but expressly including without limitation, Subtenant's obligation to carry insurance pursuant to the Master Lease, and Subtenant's indemnification obligations, and/or liability for damages, reasonable costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant's part to comply with the 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 terms of this Lease or which Sublease) shall interfere with or delay commence upon the performance of the Tenant ImprovementsEarly Access Date, 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 Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be subject 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 the applicable provisions 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 LeaseSublease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Master Lease and the rules and regulations attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 2 contracts
Sources: Sublease Agreement (Epocrates Inc), Sublease Agreement (Epocrates Inc)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions set forth 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 this Section 2.5the Basic Lease Information). Notwithstanding the foregoing, commencing promptly after Landlord commences construction the conduct of business in the Premises shall cause an immediate acceleration of the Tenant Improvements, Tenant shall have access Commencement Date to the Premises solely for the purposes of installing wiring and cabling in connection with the installation date of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within initial conduct of business in the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial CompletionDuring the Early Access Period, Tenant shall have access to may enter the Premises solely (but not any other portion of the Building or the Project other than for ingress and egress) for the purposes sole purpose of installing Tenant’s cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. In connection Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access granted in this Section 2.5access, Tenant agrees (i) to cease promptly upon notice from Landlord any activity use and occupancy of the Building or work which has not been approved the Project by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease any other tenant or which shall interfere with or delay the occupant and/or Landlord’s 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 Work and/or otherwise delay Landlord’s delivery of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereofto Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Tenant fails or refuses Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to comply or cause its contractors to comply with any deliver possession of the obligations described or referred Premises in the condition required under this Lease and/or to above following notice and a two (2) business day cure periodcomplete the Work, then immediately upon notice Landlord shall have the right to Tenant, Landlord may revoke limit or otherwise restrict Tenant’s right of access to during the Premises until the Commencement DateEarly Access Period without any liability.
Appears in 2 contracts
Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the shall allow Tenant Improvements, Tenant shall have early access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty approximately forty five (2045) 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 any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the 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 have not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises solely for the purposes shall be subject to all 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 Lease. However, early access 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 Premises shall not advance 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 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, except Landlord and Tenant shall reasonably cooperate in order to ensure that (a) there Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such 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 on to secure the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period Premises prior to the Commencement Date, and (b) . Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be deemed thereby liable for any destruction, theft, vandalism or any other damage to have taken any personal property placed, kept or accepted possession 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 any portion thereof. If Tenant fails Tenant, as applicable, has obtained a temporary or refuses to comply or cause its contractors to comply with any permanent Certificate of Occupancy permitting Tenant’s use of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately Premises for the Permitted Uses. The early access period shall end upon notice to Tenant, Landlord may revoke Tenant’s right the occurrence of access to the Premises until the Commencement DateDate defined in Section 1.04.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Early Access. Subject to the terms Subtenant and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the “Early Access Date”) for the sole purposes of installing wiring and cabling in connection with the installation of TenantSubtenant’s telecommunications system(s)personal property and equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3, but expressly including without limitation, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Sublease, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the access granted in this Section 2.5foregoing to the contrary, Tenant agrees if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant 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 Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or which shall interfere with or delay date cabling previously installed by Subtenant in the performance Subleased Premises and repair any portion 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 Subleased Premises damaged 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 otherwise altered as a result of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Dateinstallation, all at Subtenant’s sole cost and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Dateexpense.
Appears in 2 contracts
Sources: Sub Sublease (Ocz Technology Group Inc), Sub Sublease (Ocz Technology Group Inc)
Early Access. Subject to the terms Subtenant and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant’s representatives shall have access the right to enter the Subleased Premises solely for from and after the purposes later to occur 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 October 1, 2017 (or work which has not been approved such earlier date as Sublandlord may make the Subleased Premises available for entry 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 ImprovementsSubtenant), and (ii) the Consent Date, so long as and on the condition that prior to complysuch entry Subtenant shall have delivered to Sublandlord (A) the pre-paid Monthly Rent required pursuant to Section 3.3 below, (B) the Security required pursuant to Section 4 below, and cause its contractors to comply, promptly with (C) evidence of Subtenant’s procurement of 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 insurance coverage required hereunder (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 date upon which Subtenant first has such access to pay Minimum Rent or any Additional Rent on account the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of Operating Expenses or Taxes or electricity for any period prior installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the Commencement Dateterms, conditions and requirements of the Master Lease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Monthly Rent, but expressly including, without limitation, Subtenant’s obligation to pay utility charges and Tenant’s Allocable Share of Reimbursable Operating Costs, Subtenant’s obligation to carry insurance, and (bSubtenant’s indemnification obligations) Tenant shall not commence upon the Early Access Date. Subtenant shall reasonably coordinate such entry with Sublandlord, and such entry shall be deemed thereby to have taken or accepted possession made in compliance with all terms and conditions of this Sublease, the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of Master Lease and the obligations described or referred to above following notice rules and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access regulations attached to the Premises until the Commencement DateMaster Lease.
Appears in 2 contracts
Sources: Sublease (Roku, Inc), Sublease (Roku, Inc)
Early Access. Subject 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 terms and conditions 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 purpose of preparing such floor for Tenant’s Open for Business Date, subject to all applicable laws, ordinances, regulations, covenants and restrictions from any governmental authorities, and provided that in so doing Tenant shall not unreasonably interfere with or delay the Base Building Work or Tenant Improvements to be performed by Landlord’s Contractor within such phase or floor or within any other floors within the Building. In connection with Tenant’s early access rights, Landlord covenants and agrees to provide Tenant and its authorized agents, employees and contractors with access (i) within the Building through such Building Commons Areas, including, without limitation, hallways, loading docks and elevators within the Building as are reasonably necessary to gain access to and from any floor delivered to Tenant pursuant to this Section 2.5Article 5 and (ii) to and from the Building over and across the Project Common Areas to any and all public rights of way sufficient for Tenant to construct the Demised Premises, commencing promptly after Landlord commences such access rights being granted for the purposes of allowing Tenant to (A) complete construction of the Tenant Improvements, Tenant shall have access 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 permanent certificates of occupancy. Subject to the Premises solely for the purposes waivers of installing wiring and cabling subrogation set forth in connection with the installation of Article 17, if, upon Tenant’s telecommunications system(s)use of any such Building Common Areas or Project Common Areas, computer network and/or such Building Common Areas or Project Common Areas are damaged in any specialized security systems way by Tenant or other similar systems and facilities installed within the Premisesits authorized agents, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completionemployees or contractors, Tenant shall have 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 Premises solely for Building prior to the purposes of installing Tenant’s furniture, fixtures and equipment. In connection Turnover Date in accordance with the access granted in this Section 2.5Article 5.3, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved and its authorized agents, employees and contractors shall each abide 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, terms 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 conditions of this Lease, except provided that upon any such access by the Tenant or its agents, employees or contractors, then (a) there Tenant shall be have no obligation on the part of Tenant solely because of such access to pay Minimum the Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, portion thereof until it becomes due in accordance with Article 6 and (b) Tenant this Lease shall not be deemed thereby to have taken or accepted possession commenced as a result of such access for purposes of calculating the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateLease Term.
Appears in 2 contracts
Sources: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)
Early Access. Subject (i) Notwithstanding anything contained in this Lease to the contrary, Landlord shall allow Tenant access to the Premises prior to the Commencement Date for the purpose of performing the Tenant Improvements. Tenant’s entry to the Premises for any purpose prior to the Commencement Date shall be scheduled in advance with Landlord. Such access shall be governed by the terms and conditions set forth of this Lease; however, in no event shall any Base Rent or Additional Rent be payable during such early access period. Any Tenant Improvements performed by Tenant during such early access period shall be completed in compliance with the provisions of this Lease. Tenant shall coordinate its work reasonably with Landlord to ensure that Tenant’s access does not interfere with Landlord’s Work.
(ii) 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 Tenant Improvements by Tenant, Tenant shall have delivered to Landlord evidence of insurance as required by Section 2.55.1.1 and identifying Landlord, commencing promptly after Manager, Bentall ▇▇▇▇▇▇▇ (U.S.) Limited Partnership, NewTower Trust Company, and each of their agents, affiliates, members, directors, officers and employees as additional named insureds. Tenant’s entry into the Premises prior to the Commencement Date shall be at Tenant’s risk and Landlord commences construction shall not be liable in any way for any injury, loss or damage which may occur to any of the Tenant Improvements in the Premises or to properties placed therein, except for the gross negligence or willful misconduct of Landlord, and subject to all of the terms of this Lease (other than the obligation to pay Base Rent and Additional Rent).
(iii) Upon substantial completion of all of the Tenant Improvements, Tenant shall have access be entitled to occupy the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period business prior to the Commencement Date, and (b) Tenant shall not be deemed thereby Date subject to have taken or accepted possession all of the Premises or any portion thereof. If Tenant fails or refuses terms of this Lease (other than the obligation to comply or cause its contractors to comply with any of the obligations described or referred to above following notice pay Base Rent and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateAdditional Rent).
Appears in 2 contracts
Sources: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have Sublessor will allow Sublessee access to the Premises solely Remainder Space (except for Suite 150) from and after the purposes of installing wiring Vivarium Commencement Date and cabling in connection with continuing through the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (b“Early Access Period”) Tenant 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 deemed thereby obligated to have taken pay any Base Rent or accepted possession 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 Premises or any portion thereoffirst day Sublessee accesses the Remainder Space. If Tenant fails or refuses to comply or cause its contractors to comply with any 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 obligations described 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 referred 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 above following notice and a two (2provide proof of insurance) business day cure periodor Force Majeure events, then immediately upon notice to Tenantas Sublessee’s sole remedy, Landlord may revoke Tenant’s right Sublessee shall receive one (1) day of access 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 Premises until 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. Subject Subtenant and Subtenant’s representatives shall have the right to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction enter each Phase of the Tenant Improvements, Tenant shall have access Subleased Premises from and after the later to the Premises solely for the purposes occur 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 October 1, 2015, in the case of Phase 1, and January 1, 2017, in the case of Phase 2 (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 earlier date as Sublandlord may make either Phase of the Tenant ImprovementsSubleased Premises available for entry by Subtenant), and (ii) the Consent Date, so long as and on the condition that prior to complysuch entry Subtenant shall have delivered to Sublandlord (A) the pre-paid Monthly Rent required pursuant to Section 3.3 below, (B) the Security required pursuant to Section 4 below, and cause its contractors to comply, promptly with (C) evidence of Subtenant’s procurement of 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 insurance coverage required hereunder (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 date upon which Subtenant first has such access to pay Minimum Rent or any Additional Rent on account each Phase of Operating Expenses or Taxes or electricity the Subleased Premises being referred to herein as the “Early Access Date”) for any period prior the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the Commencement Dateterms, conditions and requirements of the Master Lease. All of the rights and obligations of the parties under this Sublease with respect to each Phase of the Subleased Premises (other than Subtenant’s obligation to pay Monthly Rent with respect to such Phase, but expressly including, without limitation, Subtenant’s obligation to pay utility charges and Tenant’s Allocable Share of Reimbursable Operating Costs. Subtenant’s obligation to carry insurance, and (bSubtenant’s indemnification obligations) Tenant shall not be deemed thereby to have taken or accepted possession commence upon the Early Access Date for such Phase of the Premises or any portion thereofSubleased Premises. If Tenant fails or refuses to comply or cause its contractors to comply Subtenant shall reasonably coordinate such entry with any Sublandlord, and such entry shall be made in compliance with all terms and conditions of this Sublease, the obligations described or referred to above following notice Master Lease and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access the rules and regulations attached to the Premises until the Commencement DateMaster Lease.
Appears in 2 contracts
Sources: Sublease (Roku, Inc), Sublease (Roku, Inc)
Early Access. Subject Notwithstanding the foregoing, provided Subtenant has delivered to Sublandlord the Security Deposit and prepaid rent as required herein, commencing on (the “Early Access Date”) the later of (i) the Effective Date and (ii) the date Prime Landlord delivers its written consent to this Sublease, Subtenant shall have the right, at Subtenant’s own risk and expense, to access the Subleased Premises to install furniture, fixtures, cable/wiring and equipment and to otherwise prepare the Subleased Premises for occupancy, but not to conduct business; provided, however, that in all events, Subtenant’s access to and use of the Subleased Premises prior to the Commencement Date shall nevertheless be subject to all of the terms and conditions set forth in of this Section 2.5Sublease (except the payment of Rent), commencing promptly after Landlord commences construction including (1) Subtenant shall have obtained and provided to Sublandlord evidence of the Tenant Improvementsinsurance required under this Sublease, Tenant and its contractors and vendors shall have access obtained such liability, workmen’s compensation and other insurance as is reasonably acceptable to the Premises solely for the purposes of installing wiring Sublandlord 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 Prime Landlord and work being performed as may be required by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two governmental entities; (2) business day cure periodany alterations or modifications shall be performed in accordance with Article 8 of the Prime Lease; (3) during such early access, then immediately upon notice to Tenant, Landlord may revoke TenantSubtenant shall not materially interfere with Sublandlord’s right occupancy of access the Premises; and (4) notwithstanding anything herein to the contrary, from and after the Early Access Date, Subtenant shall be responsible for janitorial and electricity costs for the Subleased Premises until in accordance with the Commencement Dateterms of this Sublease.
Appears in 1 contract
Early Access. Subject Subtenant and Subtenant’s representatives shall have the right to enter the terms and conditions set forth in this Section 2.5Subleased Premises during the period, if any, commencing promptly after Landlord commences construction of on the Tenant Improvements, Tenant shall have Effective Date and ending on the day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the “Early Access Date”) for the sole purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(sthe Initial Subtenant Improvements (defined in Section 15.2 below), computer network and/or any specialized security systems or other similar systems Subtenant’s personal property and facilities installed within the Premisestesting and installation of equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of this Sublease. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Rent and utilities and Subtenant’s maintenance and repair obligations, but expressly including without limitation, 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 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 terms of this Lease or which Sublease) shall interfere with or delay commence upon the performance of the Tenant ImprovementsEarly Access Date, 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 Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be subject 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 the applicable provisions 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 LeaseSublease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Master Lease and the rules and regulations attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 1 contract
Sources: Sublease (Pain Therapeutics Inc)
Early Access. Subject Subtenant and Subtenant’s representatives shall have the right to enter the terms and conditions set forth in this Section 2.5Subleased Premises during the period, if any, commencing promptly after Landlord commences construction of on the Tenant Improvements, Tenant shall have Effective Date and ending on the day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the “Early Access Date”) for the sole purposes of installing wiring and cabling construction of Subtenant Alterations (defined in connection with the Section 15.2 below), installation of TenantSubtenant’s telecommunications system(s)personal property and the testing of equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of this Sublease. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges, 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 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 terms of this Lease or which Sublease) shall interfere with or delay commence upon the performance of the Tenant ImprovementsEarly Access Date, 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 Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be subject 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 the applicable provisions 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 LeaseSublease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Master Lease and the rules and regulations attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 1 contract
Sources: Sublease (Guidewire Software, Inc.)
Early Access. Subject Sublandlord agrees 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 cooperate with Subtenant to allow Subtenant access to the Initial Premises solely from the day following the Consent Date to the Delivery Date and deliver exclusive possession of the Initial Premises, including the Data Room (but excluding the Lab Space), on the Delivery Date, for design and construction purposes and for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(sfurniture, fixtures and equipment and preparing the Initial Premises for occupancy (the “Early Access Activities”), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that Subtenant has first given Sublandlord at least one (1) business day’s prior notice of any such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days for access prior to Substantial Completion, Tenant 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 have access to be solely for the Premises solely Early Access Activities and not 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 occupancy 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 possession of the Tenant ImprovementsInitial Premises, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Dateconducting business therein, and (b) Tenant 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 or Additional Rent for the 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 compared to the average cost for such utilities over the prior three (3) months), Subtenant shall reimburse Sublandlord for such increase in the cost of utilities within thirty (30) days following Sublandlord’s presentation of an invoice therefor (including reasonable supporting documentation), which invoice shall be presented to Subtenant within fifteen (15) days following each month of such Early Access Activities. The Early Access Activities shall be performed between the 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 be deemed thereby to have taken affect or accepted possession of alter the Initial Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date, the Expansion Premises Commencement Date, the Expiration Date, or the Term.
Appears in 1 contract
Early Access. 26.1 Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction 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 Improvementswith the conditions of this clause 26, the Landlord agrees to permit the Tenant shall have access to the Premises prior to the Commencement Date for the purpose of enabling the Tenant to commence the Tenant’s Works.
26.2 The Tenant is not liable for the payment of any rent or outgoings prior to the Commencement Date but will be liable for the 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 Premises until the Commencement Date will be solely for the purposes of installing wiring carrying out the Tenant’s Works and cabling will be at the Tenant’s risk in connection all respects and subject to the 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 installation requirements 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 all Authorities in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access relation to the Premises solely for and the purposes of installing Tenant’s furnitureuse 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 other 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, fixtures 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 equipmentdamage 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. In connection with Ref: PJM:1908926 ABL/▇▇▇▇▇▇▇▇▇
26.5 The Tenant will keep the access granted in this Section 2.5, 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 agrees 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) to cease promptly upon notice from Landlord WorkCover insurance policy for any activity person employed by the Tenant or work which has not been approved by Landlord (where such approval is required) or is not its contractor as a “worker” in compliance accordance with the provisions requirements of the Accident Compensation (WorkCover Insurance) Act 1993;
(ii) the Tenant’s insurance for Public Risk as required by clause 11 of this Lease or which shall interfere with or delay Lease; and,
(iii) a Contractor’s All Risk Insurance Policy in respect of the performance Tenant’s Works to the full value of it for the time being such policy to be in the name of the Tenant Improvements, (and noting the interest of the Landlord) for their respective interests.
(iib) 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 provide the other, and with any other activity or work in Bank Guarantee required under the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions terms of clause 6.1 of this Lease, except that ; and,
(ac) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby Landlord or its agent on or before signing this Lease the amount equal to have taken or accepted possession one monthly instalment of the Premises or any portion thereof. If Tenant fails or refuses Rent and the Building Outgoings plus the GST attributable to comply or cause its contractors it being the sum of $28,742.86 which will be credited to comply the Tenant’s account with any the Landlord for payment of the obligations described or referred to above following notice Rent and a two Building Outgoings (2plus GST) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access which will become payable by the Tenant to the Premises until Landlord following the Commencement DateDate of this Lease.
Appears in 1 contract
Sources: Lease (Capstone Dental Pubco, Inc.)
Early Access. Subject 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 Commencement Date in Tenant's sole discretion (such entry, the "Early Access"), for the sole purpose of installing, at Tenant's sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and to store other personal assets of Tenant. In particular, Early Access shall include, and Tenant shall be given access to, Storage R▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇ and Server Room 413 within the Premises. Landlord shall also give Tenant access to the mail room within the Building upon the Early Access. The Early Access shall not change the Commencement Date and shall not be deemed early occupancy during the Beneficial Occupancy Period under Section 1.2.2 of the lease and Tenant’s rights to the Beneficial Occupancy Period under Section 1.2.2 of the Lease, if any, shall continue to apply in addition to the Early Access provided under this Section 2 . Upon the Early Access, all of the terms and conditions of the Lease 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. Tenant shall coordinate the Early Access with Landlord's building manager and, except as expressly set forth in this Section 2.5Amendment, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant such entry shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not be made in compliance with the provisions of this Lease or which shall interfere with or delay the performance all terms and conditions of the Lease and the Rules and Regulations attached thereto. Landlord shall deliver to Tenant Improvements, the necessary Building (including mailroom box) and (ii) Premises entry keys or similar access devices or codes to comply, enable the Early Access and cause its contractors access and use of the Building mailroom. The foregoing license 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 enter the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period Premises prior to the Commencement DateDate is conditioned upon Tenant's contractors and their subcontractors and employees working in harmony and not interfering with the work being performed in the Building and in the Premises. 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 (b) Tenant 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. Landlord shall not be deemed thereby to have taken liable in any way for any injury, loss or accepted possession damage which may occur by reason of the Premises Early Access, the same being solely at Tenant's risk. All costs and expenses in connection with or arising out of the performance of any portion thereofwork by Tenant pursuant to the Early Access shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. If Tenant fails or refuses to comply or cause shall, at its contractors to sole cost and expense, comply with any of the obligations described or referred to above following notice all applicable laws, ordinances, regulations and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access policies governing its work. Except to the Premises until extent arising from the Commencement Date.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 extent arising out of or in connection with any and all work during such Early Access (including, but not limited to, claims for breach of warranty, personal injury or property
Appears in 1 contract
Early Access. Subject Subtenant shall be permitted to enter 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 Subleased 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 thirty (2030) days prior to Substantial Completion, Tenant shall have access to the Premises Sublease Commencement Date (the “Early Access Period”) solely for the purpose of installing equipment, furniture, and other personal property necessary for the operation of its business (“Subtenant’s FF&E”). Such early access shall be at Subtenant’s sole risk and liability and shall be subject to all terms and conditions of this Sublease, except for the obligation to pay Fixed Rent or charges on account of Real Estate Taxes or Operating Costs, with respect to the period of time prior to the Sublease Commencement Date; provided, however, that Subtenant shall be liable for the cost of utilities provided to Subtenant during the period of Subtenant’s possession prior to the Sublease Commencement Date and provided, further, that if Subtenant’s personnel shall occupy all or any part of the Subleased Premises for the conduct of Subtenant’s business prior to the Sublease Commencement Date, such date of occupancy shall, for all purposes of installing Tenant’s furniturethis Sublease, fixtures and equipmentbe the Sublease Commencement Date. In connection with Subtenant agrees that its activities during the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has Early Access Period shall 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 any work being performed by Landlord Sublandlord or Overlandlord. Subtenant shall coordinate its access and work being performed by Tenant, each activities with the other, Sublandlord and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any reasonable requirements imposed by Sublandlord or Overlandlord relating to its activities during the Early Access Period. Any such Early Access shall not advance the Sublease Commencement Date or the obligation to commence payment of Fixed Rent. Subtenant shall indemnify, defend, and hold Sublandlord and Overlandlord harmless from any claims, costs, or liabilities arising from Subtenant’s entry and activities during the obligations described or referred to above following notice Early Access Period. Subtenant shall maintain comprehensive general liability insurance with limits of not less than $2,000,000 per occurrence during the Early Access Period and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Dateshall name Sublandlord and Overlandlord as additional insureds with primary and non-contributory coverage.
Appears in 1 contract
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the shall allow Tenant Improvements, Tenant shall have early access to the Premises approximately but no less than three (3) months prior to the Target Delivery Date subject to Force Majeure and 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 is solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s)equipment, computer including but not limited to, installation of racking, IT cabling and equipment, diesel generator, radio frequency network, wired guidance system, security system, wide area network and/or any specialized security systems connection and similar equipment; provided, however, the listing of such equipment in this Section shall not be deemed or other similar systems construed as Landlord’s approval of the same, and facilities installed within such approval shall be subject to the Premisesprovisions 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 access storage does not interfere with the timely Substantial Completion and is coordinated in compliance with any requirements of any governmental agency with jurisdiction over the Premises; provided, further, nothing contained herein shall be deemed or construed as allowing Tenant to use and scheduled in advance with Landlordoccupy the Premises for the conduct of its business during the Early Access. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access Tenant’s Early Access to the Premises solely for the purposes shall be subject to all 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 except for the performance payment of monthly Rent. However, Early Access 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 Premises shall not advance the expiration date of this Lease. Landlord and work being performed by Tenant, Tenant shall use commercially reasonable efforts to coordinate with each other during the Early Access to minimize interference with the other’s activities. Notwithstanding anything to the contrary in this Lease, Tenant shall ensure that Tenant’s Early Access does not unreasonably interfere with the work of Landlord or its contractors and in the event of any interference which threatens to delay Substantial Completion of the Landlord Improvements to the Premises, Landlord shall notify Tenant of such interfering activities, and with any other activity or work in the Building. Such access by Tenant 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 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. Tenant shall access the Premises during the period of Early Access at Tenant’s sole risk. Landlord shall not be 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 occurrence of the Commencement Date, at which time Tenant shall have possession of the Premises for the Permitted Use subject to all to, and in accordance with, the applicable provisions of this Lease, except that twenty-four (a24) there shall be no obligation on hours per day, seven (7) days per week, fifty-two (52) weeks per year during the part Term of this Lease. Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall may not be deemed thereby to have taken or accepted possession operate out of the Premises until Tenant has obtained any applicable business licenses and a temporary or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any permanent certificate of occupancy permitting Tenant’s use of the obligations described Premises for the Permitted Use; Landlord shall, at no cost or referred expense to above following notice and a two (2) business day cure periodLandlord, then immediately upon notice use commercially reasonable efforts to Tenant, Landlord may revoke assist Tenant in connection with Tenant’s right efforts to obtain such certificate of access to the Premises until the Commencement Dateoccupancy.
Appears in 1 contract
Early Access. Subject Notwithstanding the provisions of this Clause 16 if by the Target Date the Developer shall not have achieved Shell & Core Substantial Completion but in respect of computer areas plant areas and other areas reasonably requested by the Tenant the Base Building Works are complete in accordance with the normal standards applied by architects except for items omitted at the request of the Tenant the Developer shall (subject to the Tenant paying in full the Developer's associated costs) facilitate the early access for initial Tenant's Fit Out Works by the Tenant in such areas upon such terms as to access (other than the payment of rent which shall remain as provided for in Clause 23.3.4) as shall be reasonably determined by the Developer. Provided that the Tenant will
(i) not damage or cause or permit its servants agents or contractors or any other persons to damage the Base Building Works and in particular not to interfere with or permit such persons to interfere with or do or permit to be done by any such persons any act or thing which may adversely affect the carrying out or completion of the Base Building Works
(ii) comply in all respects with the reasonable safety requirements of the Developer and provided further that the Developer's liability to pay Liquidated Damages pursuant to the terms and conditions set forth in of this Section 2.5, commencing promptly after Landlord commences construction Agreement shall be reduced by the same proportion which the areas to which the Tenant is allowed early access bear to the total Net Internal Area of the Tenant ImprovementsDemised Premises.
17. COMPLETION OF THE FIT OUT WORKS
17.1 INSPECTION, REPRESENTATIONS AND ISSUE OF CERTIFICATE The Tenant shall have access procure that:-
17.1.1 the Developer shall be given not less than five (5) Working Days' notice of the intention of the Fit Out Architects to inspect the Fit Out Works with a view to the Premises solely issue of the Certificate of Completion of Fit Out Works (or any part thereof);
17.1.2 that the Developer and such of its consultants as it may wish shall be given the opportunity to accompany the Fit Out Architects on the final inspection prior to the issue of the Certificate of Completion of Fit Out Works (or part thereof) in order that the Developer may (but shall not be bound to) make whatever representations to the Fit Out Architects which the Developer thinks fit as to whether or not the Fit Out Works or the relevant part shall have been practically completed;
17.1.3 the Fit Out Architects will have regard to (but shall not be bound by) any representations made pursuant to Sub-Clause 17.1.2; and
17.1.4 the Tenant shall supply to the Developer a copy of the Certificate of Completion of Fit Out Works or part thereof when issued together with any snagging list and subject to Clause 17.2 the date specified in the Certificate of Completion of Fit Out Works or part thereof shall be the date of practical completion of the Fit Out Works or the relevant part thereof for the purposes of installing wiring this Agreement. The Tenant shall procure the prompt and cabling in connection with the installation effective remedy of Tenant’s telecommunications system(s), computer network and/or any specialized security systems all defects or other items referred to in any snagging or 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 list or schedule to the Premises solely for Certificate of Completion of Fit Out Works and shall keep the purposes of installing Tenant’s furniture, fixtures Developer fully informed and equipment. In connection with the access granted up to date in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Dateregard.
Appears in 1 contract
Early Access. Subject to the terms Subtenant and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) August 15, 2006 and (ii) the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the “Early Access Date”) for the sole purposes of installing wiring and cabling in connection with the installation of TenantSubtenant’s telecommunications system(s)personal property and the testing of equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges pursuant to the Master Lease, Subtenant’s obligation to carry insurance pursuant to the Master Lease, and Subtenant’s indemnification obligations, and/or damages, reasonable costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the 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 terms of this Lease or which Sublease) shall interfere with or delay commence upon the performance of the Tenant ImprovementsEarly Access Date, 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 Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be subject 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 the applicable provisions 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 LeaseSublease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Master Lease and the rules and regulations attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 1 contract
Early Access. Subject 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 terms Premises without interfering with the performance of Landlord’s Work or Tenant’s Work (and conditions set forth in this Section 2.5provided Landlord shall have received a copy of each of Tenant’s insurance policies or certificates of insurance therefor pursuant to Subsection 4.4 hereof), commencing promptly Landlord shall so notify Tenant and from and after Landlord commences construction such date of the notification Tenant Improvements, Tenant and its contractors shall have access to the Premises solely for the purposes of installing wiring and cabling the same in connection with the installation of preparation for Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within occupancy of the Premises; provided, provided however, that Landlord shall use reasonable efforts to provide Tenant and its contractors with such access is coordinated and scheduled in advance with Landlord. Commencing twenty at least sixty (2060) days days’ prior to the date on which Landlord reasonably expects to achieve Substantial Completion, Tenant shall have access to the Premises solely for the purposes Completion of installing TenantL▇▇▇▇▇▇▇’s furniture, fixtures Work and equipmentT▇▇▇▇▇’s Work. In connection with the access granted in this Section 2.5such access, Tenant T▇▇▇▇▇ 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 ImprovementsLandlord’s Work or Tenant’s Work, and (ii) to comply, comply and cause its contractors to comply, comply promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time to time for coordinating work being performed by Landlord L▇▇▇▇▇▇▇ and work being performed by TenantT▇▇▇▇▇, each with the other, other and with any other activity or work in the Building including, without limitation, 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 be subject to all of the applicable provisions of this LeaseLease as if the term had commenced, except that (ai) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum any Annual Fixed Rent or any Additional Rent on account of Operating Expenses or for Taxes or electricity Operating Costs for any period prior to the Rent Commencement Date, and (bii) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following above, then Landlord shall give written notice thereof to Tenant, and a 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 day cure period, then immediately upon Business Days after Landlord’s written notice to Tenant, Landlord may revoke Tenant’s right rights of access to the Premises until the Commencement Date.
Appears in 1 contract
Early Access. Subject to the terms and conditions set forth in of this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements2.4, Tenant shall have access the right to enter and occupy the Premises solely for from and after 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 date that such access is coordinated and scheduled in advance with Landlord. Commencing twenty twenty-one (2021) days prior to Substantial Completionthe Lease Commencement Date, Tenant shall have access to as reasonably estimated by Landlord (the Premises “Early Access Date”), solely for the 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. In connection with the access granted in this Section 2.5, Tenant agrees that (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 early entry by Tenant shall be deemed to be subject to at Tenant’s sole risk, (ii) Tenant shall not unreasonably interfere with Landlord or other tenants in the Building, and (iii) all the applicable terms, provisions and conditions of this LeaseLease shall apply (except for the payment of Base Rent and Additional Rent), except that including, but not limited to, (a) there shall be no Tenant’s obligation on the part to provide Landlord with evidence of Tenant solely because of such access liability insurance coverage pursuant to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement DateSections 10 and 12 below, and (b) Tenant Tenant’s indemnity obligations pursuant to Section 13 below; provided, however, Landlord shall not be deemed thereby obligated to have taken or accepted deliver possession of the Premises or any portion thereofto Tenant until Landlord has received from Tenant insurance certificates as required under Sections 10 and 12 below. If Tenant fails or refuses Landlord chooses not to comply or cause its contractors to comply with any deliver possession of the obligations described Premises to Tenant because Landlord has not received the required insurance certificates, the Lease Commencement Date shall not be affected or referred delayed thereby. Notwithstanding anything in this Section 2.4 to above following notice and a two (2) business day cure periodthe contrary, then immediately upon notice to Tenantif, as of the Early Access Date, Landlord may revoke reasonably determines that Tenant’s right of early access to the Premises until will unreasonably interfere with the Commencement Datecompletion of the Initial Improvements, then (1) 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 completion of the Initial Improvements.
Appears in 1 contract
Sources: Lease Agreement (Ambarella Inc)
Early Access. Subject Subtenant and the consultants Subtenant engages to provide the Subtenant’s Plans shall have the right to enter the Subleased Premises from and after the Effective Date upon reasonable notice to the terms and conditions set forth in this Section 2.5Sublandlord for the sole purpose of preparing the Subtenant’s Plans. In addition, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant shall have the right to access to and occupy the Subleased Premises from and after the later of: (a) the Plan Approval Date; or (b) December 1, 2017 (the “Early Access Date”), solely for the purposes of installing wiring performing Subtenant’s Work and cabling in connection with early entry for such purposes shall not trigger 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 LandlordCommencement Date. 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 Subtenant agrees (i) any such early entry by Subtenant shall be at Subtenant’s sole risk, (ii) Subtenant shall not unreasonably interfere with Sublandlord or other tenants in the Building, (iii) Subtenant shall comply with and be bound by all provisions of the Sublease during the period of any such early entry, except for the payment of Gross Rent and Additional Rent, (iv) prior to cease promptly entry upon notice from Landlord any activity or work the Subleased Premises by Subtenant, Subtenant agrees to pay for and provide to Sublandlord certificates evidencing the existence and amounts of liability insurance carried by Subtenant, which has not been approved by Landlord (where such approval is required) or is not in compliance coverage must comply with the provisions of this Lease or which shall interfere the Sublease relating to insurance, (v) Subtenant and its agents and contractors agree to comply with or delay all laws required to perform its work during the performance of early entry on the Tenant ImprovementsSubleased Premises, and (iivi) Subtenant agrees to complyindemnify, protect, defend (with counsel selected by Sublandlord) and save Sublandlord and Prime Landlord and their respective employees, agents, contractors, managers, members, and cause its contractors to complyrepresentatives harmless from and against any and all liens, promptly with all liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, reasonable procedures attorneys’ fees 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 (alegal costs) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession arising out of the Premises early entry, use, construction, or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any occupancy of the obligations described Subleased Premises by Subtenant or referred its agents, employees or contractors. To the extent in Sublandlord’s possession or control, Sublandlord will provide a set of “as built” drawings to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to Subtenant at no cost promptly after the Premises until the Commencement Effective Date.
Appears in 1 contract
Sources: Sublease Agreement (Zynex Inc)
Early Access. Subject Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the Premises consisting of approximately 30,562 rentable square feet as shown on the Exhibit A-1 attached to the terms and conditions set forth Second Amendment to Lease (“Early Access Premises”) prior to the Commencement Date for Tenant to use the Early Access Premises for staging in this Section 2.5, commencing promptly after Landlord commences connection with ▇▇▇▇▇▇’s construction of the Tenant Improvements, Tenant shall have Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access 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 the Commencement Date 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 of the applicable terms and obligations of the Lease, including the indemnity provisions of this Leasetherein, except that (a) there during such period, the Basic Rent for the Early Access Premises shall be no obligation $42,786.80 per month (based on $1.40 per rentable square foot of the part Early Access Premises) pro-rated on a per diem basis, and “Tenant’s Share” of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of “Operating Expenses or Taxes or electricity for any period prior Expenses” (as defined in Exhibit B attached to the Commencement DateLease) for the Early Access Premises shall be “fixed” at the amount of $7,640.50 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (be) Tenant of said Exhibit B shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereofsuspended in their entirety. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke In no event shall Tenant’s right of access to the Early Access Premises until trigger the Commencement DateDate of the Lease unless Tenant commences its regular business activities therefrom.”
Appears in 1 contract
Sources: Lease (Inari Medical, Inc.)
Early Access. Subject (1) From and after the Effective Date, Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises upon reasonable advance notice and accompanied by a representative of Sublandlord for the sole purpose of visually inspecting the Subleased Premises. Such access shall occur during regular business hours and shall be coordinated with Sublandlord and subject to such reasonable limitations, rules and regulations as Sublandlord may impose from time to time. Subtenant shall be liable for any damages to the terms Subleased Premises or the Building arising out of Subtenant’s access in accordance with this provision.
(2) Subtenant and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) the earlier of (x) June 15, 2012 or (y) the date the current tenant vacates the Subleased Premises and Sublandlord notifies Subtenant that the Subleased Premises is available, (ii) the Consent Date, and (iii) the date upon which subtenant delivers to Landlord (A) the pre-paid Base Rent required pursuant to Section 3.1(a) below, (B) the Security Deposit and (C) evidence of Subtenant’s procurement of all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the “Early Access Date”) for the sole purposes of installing wiring and cabling in connection with the installation of TenantSubtenant’s telecommunications system(s)personal property and equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges, carry insurance, and indemnification obligations shall commence upon the Early Access Date; Subtenant shall be liable for any damages to the Subleased Premises or the Building caused by Subtenant’s activities in the Subleased Premises and/or the Building from and after the Early Access Date. Subtenant shall coordinate such entry with the access granted in this Section 2.5Sublandlord, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where and such approval is required) or is not entry shall be made in compliance with the provisions all terms and conditions of this Sublease, the Master Lease or which shall interfere with or delay and the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures rules and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 1 contract
Sources: Sublease (NeurogesX Inc)
Early Access. Subject Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises up to sixty (60) days prior to the Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 2.5, commencing promptly after Landlord commences construction of 41.1. During the Tenant ImprovementsEarly Access Period, Tenant shall have access no obligation to the Premises solely pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s)any injury, computer network and/or loss or damage which may occur to 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 the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the otherperformance 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 in connection with any other activity and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or work property damage). Landlord shall have the right, in the Building. Such access by Tenant shall be deemed Landlord’s sole and absolute discretion, to be subject to settle, compromise, or otherwise dispose of any and all the applicable provisions of this Leasesuits, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Dateclaims, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with actions against any of the obligations described indemnified parties arising out of or referred to above following notice in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right conditions of access to this Lease and the Premises until the Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the will give Tenant Improvements, Tenant shall have access to the Premises solely by (the “Early Access Date”) for construction of the purposes alterations listed on Schedule (the “Pre-Approved Alterations”) and for planning, measurement, construction of installing wiring improvements and cabling in connection with the installation of furniture, fixtures, inventory and equipment, shipping and receiving, and any activities included within the Permitted Use (“Tenant’s telecommunications system(sEarly Occupancy”). Landlord and ▇▇▇▇▇▇ will reasonably cooperate in coordinating completion of ▇▇▇▇▇▇▇▇’s Work and any work done by Tenant during ▇▇▇▇▇▇’s Early Occupancy. Beginning on the Early Access Date, computer network and/or any specialized security systems or other similar systems Landlord will provide reasonable, temporary restroom facilities for Tenant’s agents, contractors, and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlordemployees. Commencing twenty (20) days prior to Until Substantial Completion, Tenant shall have abide by all safety precautions and programs as may be reasonably promulgated by Landlord to ensure the safe completion of Landlord’s Work and any Pre-Approved Alterations, and compliance with applicable health and safety regulations. In the event that Landlord does not give Tenant access to the Premises solely on or before the Early Access Date (which period may be extended as a result of Construction Force Majeure Event for the purposes of installing Tenant’s furnitureup to thirty (30) days or for Tenant Delay), 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 entitled to a credit in the amount of one (1) day of Base Rent for each day after the Early Access Date until Landlord gives Tenant access to the Premises, to be subject to all applied against 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 Base Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to otherwise due and payable after the Commencement DateDate until said credits are fully realized by Tenant. In addition, and (b) if Landlord has not given Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until on or before the Commencement Datedate 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. Subject Commencing fifteen (15) days prior to the 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 and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsArticle 10 below, Tenant shall have the right to access to the Premises solely for the purposes purpose 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 equipment therein; provided, however, that during such Early Access Period, all of 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 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 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 within the Premises shall be performed by Landlord and work being performed by Tenant, each in strict accordance 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 terms of Article 8 of this Lease, except that (a) there shall be no obligation on the part including obtaining Landlord’s prior approval of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity plans for any period prior cabling, wiring or other work which may affect systems or structure or be visible from outside the Premises and causing all contractors to comply with the Project’s construction rules and regulations. Subject to the Commencement Dateforegoing, and (b) during such Early Access Period, so long as Tenant does not commence business operations from the Premises, Tenant shall not be deemed thereby obligated to have taken pay Base Rent or accepted possession Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs (as such terms are defined in Article 4 below) for the Premises so accessed by Tenant until the occurrence of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice Lease Commencement Date (and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke no such Base Rent nor Tenant’s right Share of access to the Premises until the Commencement DateOperating Expenses, Tax Expenses and Utilities Costs shall accrue during such Early Access Period).
Appears in 1 contract
Sources: Office Lease (InterPrivate III Financial Partners Inc.)
Early Access. Subject to the terms Subtenant and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Subtenant's representatives shall have the right to enter the Subleased Premises from and after the later to occur of (x) October 1, 2006, and (y) the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises solely being referred to herein as the "Early Access Date") for the sole purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s)Subtenant's personal property and the testing of equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant's obligation to pay Base Rent, but expressly including without limitation Subtenant's obligation to pay excess utility charges pursuant to the Master Lease, Subtenant's obligation to carry insurance pursuant to the Master Lease, and Subtenant's indemnification obligations and/or liability for damages, reasonable costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant's part to comply with the 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 terms of this Lease or which Sublease) shall interfere with or delay commence upon the performance of the Tenant ImprovementsEarly Access Date, 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 Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be subject 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 the applicable provisions 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 LeaseSublease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Master Lease and the rules and regulations attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 1 contract
Early Access. Subject (1) Upon execution and delivery of this Lease (and prior to the terms Effective Date (as defined below) and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsCommencement Date), Tenant shall have access be permitted to enter the Premises solely for the purposes purpose of installing wiring commencing (and cabling in connection with after the installation Effective Date, completing) the Tenant Improvements (following approval of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems the same by Landlord) 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 (including, without limitation, cable installation) and equipmentequipment and otherwise preparing the Premises for Tenant’s occupancy. 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 For purposes of this Lease or which shall interfere with or delay Paragraph 3(d), the performance of period prior to 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 Effective Date shall be deemed referred to as the “Early Access Period.” Such entry onto the Premises prior to the Commencement Date shall be at Tenant’s sole risk and subject to all the applicable terms and provisions of this Leasehereof, except for the payment of Rent which shall not commence until the Commencement Date; provided, however, that (a) there Tenant’s entry onto the Premises during the Early Access Period shall be no obligation on subject only to those provisions in this Lease relating to the part construction and installation of the Tenant solely because Improvements and to the other provisions set forth in this Paragraph 3(d). Notwithstanding the foregoing, Tenant shall pay prior to delinquency the cost of such access any utility services provided to pay Minimum Rent or Tenant during the Early Access Period and at any Additional Rent on account of Operating Expenses or Taxes or electricity for any period 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 such form and in such amount as required under Paragraph 14(a), (bii) Tenant shall not be deemed thereby to have taken or accepted possession 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, reasonable attorneys’ fees) (collectively, “Claims”) arising from the construction and installation of the Premises 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 any action or proceeding brought on account of the 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 willful 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 Landlord shall be entitled to apply all or any portion thereofof the Early 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, 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 Tenant fails 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 refuses to comply or cause its contractors to comply with any credited against the payment of Base Rent and Additional Rent for the first month of the obligations described or referred Term which is due and payable by Tenant pursuant to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateParagraph 4(a).
Appears in 1 contract
Early Access. Subject to the terms and conditions set forth in of this Section 2.52.06, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access and to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or all 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 applicable provisions of this Lease or which shall interfere with (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 the performance its approval of the Tenant Improvements, and (ii) Tenant’s contractors. If Landlord fails to comply, and cause its contractors respond 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 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 Landlord with written notice of such failure to respond (the “Second Notice”), which, in order to be subject 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 all 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 provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of contractors. The foregoing license to enter and conduct such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period 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” (bas defined in the Work Letter), Landlord, Landlord’s mechanics or contractors or by any other tenant(s) Tenant shall or their contractors, and not be deemed thereby to have taken impeding or accepted possession of interfering with Landlord’s Work, or the Premises or any portion 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 refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a delay within two (2) business day cure perioddays after notice to Tenant (which notice may be given by telephone to _____________ or electronic mail to _____________), then immediately 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 cost, with policies of insurance covering Landlord, its beneficiaries and agents, as insured parties, with such coverages and in such amounts as Landlord may revoke 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 right contractors. If Tenant’s contractors or anyone employed by Tenant shall cause a delay in completing Landlord’s Work (regardless of access to whether or not Tenant ceases such delay within the Premises until the Commencement Datetime period set forth above), Tenant agrees that such delay will constitute a Tenant Delay.
Appears in 1 contract
Sources: Lease (Purple Innovation, Inc.)
Early Access. Subject 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 terms 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises as of the date of this Lease, and conditions (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 this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipmentExhibit D attached hereto. In connection with the such access granted in this Section 2.5, Tenant agrees (ia) to cease promptly upon notice from Landlord any activity or work Tenant's Work which has is not been approved by Landlord (where such approval set forth on Exhibit D, is required) not directly related to the Work described therein or is not otherwise in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant ImprovementsLease, and (iib) to comply, and cause its contractors to comply, comply promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time to time for coordinating work being performed by Landlord and work being performed by the Tenant, each with the other, and '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 this the Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent Base Rent, Taxes or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby Date with respect to have taken or accepted possession of the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises or any portion thereofprior to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Commencement Date with respect to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises. If Tenant fails or refuses to comply or cause its contractors to comply with any the terms and conditions of this Lease applicable to such early access during the obligations described or referred to above following notice and a two period of early access after one (21) business day cure period, then immediately upon prior notice to Tenantfrom Landlord, Landlord may revoke shall have the right to immediately suspend Tenant’s 's right of to right to access the Premises early. Anything herein to the contrary notwithstanding, if early access to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises until is not delivered to Tenant by April 15, 2017, or possession of the Commencement Date2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises is not delivered to Tenant by May 15, 2017, then for each day of delay thereafter, the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Base Rent Abatement Period shall be extended by one day.
Appears in 1 contract
Sources: Lease Agreement (Abiomed Inc)
Early Access. Subject Prior to the terms and conditions set forth Commencement Date of this Sublease (but after the Master Landlord has consented in writing to this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant Sublease). Subtenant shall have access to the Sublet Premises solely and the Building Common Areas and Roof Area to prepare the Sublet Space for the purposes of occupancy (i.e., 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, telecommunications equipment and storing tiles). In connection with particular, Sublandlord shall vacate 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 portion 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 Sublet Premises designated as area "A" in the otherFloor Plan, and with the exception of the Improvements and the FF&E (hereinafter defined), such area shall be cleared of all persons and personal property, and following the execution and delivery of this Sublease by the parties, Sublandlord shall allow Subtenant to occupy such area, within 2 business days after the execution and delivery of this Sublease by Sublandlord and Subtenant, for the purpose of commencing improvements and preparing such space for occupancy. If Subtenant occupies the Sublet Premises before the Commencement Date for any use other activity than construction of Subtenant's improvements thereto or work staging Subtenant's personal property in the Building. Such access by Tenant Sublet Premises, Subtenant shall be deemed to be subject to all liable (for the applicable provisions of this Lease, except that (a) there shall be no obligation period commencing on the part of Tenant solely because date of such early access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, ) for its share of the cost of utilities enjoyed by Subtenant during that period as reasonably determined by Sublandlord pursuant to invoices and (b) Tenant other supporting documentation submitted to Subtenant. Any ear]y access shall not be deemed thereby give rise to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises possession in Subtenant's favor unless and until the Commencement Datecondition precedent described in Section 4 below has been met.
Appears in 1 contract
Early Access. Subject to compliance with the terms and conditions of this Sublease, Sublandlord grants to Subtenant an unlimited, twenty-four (24) hour per day right (the “Early Access Right”) to access the Sublease Premises during the period beginning on the Delivery Date and expiring on the Sublease Commencement Date (such period, the “Early Access Period”) solely for (i) the construction, storage, and installation of Subtenant’s equipment and (ii) the designing, permitting, and construction of Subtenant’s interior improvements (collectively, the “Initial Alterations”). The Early Access Right will be subject to the following conditions: (w) Subtenant must have provided Sublandlord with all required evidence of required insurance under this Sublease; (x) all applicable terms and conditions of this Sublease will apply during the Early Access Period; (y) no Rent will be payable by Subtenant during the Early Access Period, but Subtenant will pay for all actual fees, costs, and expenses incurred by Subtenant in connection with the performance of the Initial Alterations; and (z) all Initial Alterations will be subject to the terms and conditions set forth in of this Section 2.5Sublease. For the avoidance of doubt, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling Sublandlord will not provide any Subtenant improvement allowance in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateInitial Alterations.
Appears in 1 contract
Early Access. Subject Landlord agrees to allow Tenant to have reasonable access to each Phase Expansion Premises up to ninety (90) days prior to the terms and conditions set forth in this Section 2.5applicable Phase Expansion Premises Commencement Date for such Phase Expansion Premises (“Early Access”), commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the limited purposes of making certain improvements including, but not limited to, installing wiring its wiring, furniture, fixtures and cabling in connection with equipment (collectively, the installation of Tenant’s telecommunications system(s“Early Tenant Work”), 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 not delay 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 materially interfere with or delay the performance of the Expansion Delivery Work by Landlord. Any Early Access for performing Early Tenant ImprovementsWork shall be subject in each case to (i) Landlord’s approval of the schedule and 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 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 (iiiv) to complycustomary insurance certificates from Tenant’s contractors, subcontractors, and cause its contractors other parties acting under Tenant with respect to comply, promptly the applicable Early Tenant Work in accordance 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 Section 8 of the other, and with any other activity or work in the BuildingOriginal Lease. Such access by Tenant shall be deemed responsible for any damage to the 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 the applicable provisions of this the Lease, as amended hereby, that are applicable to such Phase Expansion Premises during the Term therefor, except that (a) there shall be no for the obligation on the part of Tenant solely because of such access to pay Minimum Base Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior and Expense Excess and Tax Excess charges with respect to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Datesuch Phase Expansion Premises.
Appears in 1 contract
Early Access. Subject Notwithstanding any provision to the terms 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 conditions set forth in this Section 2.5after the Effective Date and continuing until the Expansion Premises Commencement Date (the “Move-In Period”), commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes sole purpose 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 equipmentequipment therein. During the Move-In Period, (a) Tenant shall have no obligation to pay Rent, but all other terms of the Lease (as amended by this Amendment), including but not limited to the obligation to indemnify Landlord and carry the insurance required in the Lease, 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 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 or any other tenant at the Property, (e) prior to any entry upon the Expansion Premises by ▇▇▇▇▇▇, Tenant agrees to pay for and work being performed provide to Landlord certificates evidencing the existence and amounts of insurance carried by TenantTenant with respect to the Expansion Premises, each which coverage must comply with the otherprovisions of the Lease 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 responsible nor have any liability whatsoever at any time for loss or damage to the furniture, fixtures, phone, cabling or equipment or other activity property of Tenant installed or work in the Building. Such access placed 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 Expansion Premises, unless such loss or damage is caused by the gross negligence or willful misconduct of Tenant solely because of such access to pay Minimum Rent Landlord or any Additional Rent on account of Operating Expenses its employees, agents or Taxes or electricity for any period prior to the Commencement Datecontractors, and (bh) Tenant shall not be deemed thereby ▇▇▇▇▇▇ agrees to have taken or accepted possession 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, reasonable attorneys’ fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Expansion Premises by Tenant or any portion thereof. If Tenant fails its agents, employees or refuses contractors, except to comply or cause its contractors to comply with the extent any of the obligations described foregoing arises out of the gross negligence or referred to above following notice and a two (2) business day cure periodwillful misconduct of Landlord, then immediately upon notice to Tenantits employees, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Dateagents or contractors.
Appears in 1 contract
Sources: Multi Tenant Commercial/Industrial Lease (Nnn) (Boxabl Inc.)
Early Access. Subject For the purpose of Tenant completing Tenant’s Work, as set forth in Exhibit B, and subject to the terms and conditions set forth in of this Section 2.54.5, commencing promptly after Landlord commences construction of the agrees to grant Tenant Improvements, Tenant shall have (or Tenant’s designated contractor or service person) access to the Premises solely for prior to the purposes Delivery 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 Premises as long as 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 does 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 Landlord’s work required to satisfy the Tenant Improvements, and requirements for the Delivery of the Premises (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 “Early Access Period”). Any delays in the Buildingcompletion of the Landlord’s work required for the satisfaction of the Delivery of the Premises conditions set forth in Section 3.3 above attributable to Tenant’s activities in the Premises during the Early Access Period shall accelerate the Delivery of the Premises and the Commencement Date by one day for each day of such Tenant delays. Unless Landlord otherwise agrees thereto in writing, Tenant shall have no right to occupy all or any part of the Premises prior to Delivery of the Premises. Such Early Access Period shall not advance the Commencement Date or the Expiration Date, but 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 excluding payment of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account monthly Base Rent, Tenant’s Share of Operating Expenses or Taxes or electricity and Tenant’s payment of any applicable utility charges for any period prior to such Early Access Period preceding the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession Delivery of the Premises or any portion thereofPremises. If Tenant fails or refuses to comply or cause its contractors to comply with any From the Delivery of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date (the “Early Occupancy Period”), 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 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 such Early Occupancy Period preceding the Commencement Date). Tenant’s early access to and occupancy of the Premises shall also be subject to the following terms and conditions:
(a) Prior to any such access, 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 subject to Tenant’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. Subject to the provisions below, from and after the Effective Date, Tenant shall have the right to enter the Expansion Premises in order to generally prepare the Expansion 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 3
b. Tenant shall comply with all the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay during any Early Access, other than 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 Base Rent or any Additional Rent on account and its share of Operating Expenses or Taxes or electricity for any period prior with respect to the Commencement Date, and (b) Expansion Premises. Nothing herein shall relieve Tenant from its obligations under the Lease with respect to the Existing Premises.
c. Tenant shall not be deemed thereby 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 taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to representative present during such access so long as Landlord does not delay Tenant, Landlord may revoke Tenant’s right of access 's Early Access to the Expansion Premises.
e. Tenant shall not begin its normal business operations from the Expansion Premises until the Commencement DateFirst 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 fixtures and Tenant's personal property (including equipment) in the Expansion Premises shall be at Tenant's sole risk, cost and expense, and that Landlord shall not be liable for and Tenant hereby releases Landlord from any and all liability for any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons; provided, however, that Landlord shall be responsible for its gross negligence or willful misconduct and the gross negligence or willful misconduct of its employees, officers, directors, agents, contractors, and subcontractors, Tenant does hereby further agree to indemnify, defend (with counsel reasonably acceptable to Landlord), 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, attorneys' fees at the trial and appellate levels) of any and every nature arising out of or in any way relating to 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 its employees, officers, directors, agents, contractors, and subcontractors. 9.
Appears in 1 contract
Sources: Lease Agreement (Pfsweb Inc)
Early Access. Subject Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises during the period, if any, commencing on the Effective Date and ending on the day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of construction of the Tenant ImprovementsInitial Subtenant Alterations (defined in Section 15.2(a) below), Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of TenantSubtenant’s telecommunications system(s)personal property and the testing of equipment, 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 equipmentvoice and data cabling, all subject to the terms, conditions and requirements of this Sublease. In connection All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Rent and utilities and Subtenant’s maintenance and repair obligations, but expressly including without limitation, 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 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 terms of this Lease or which Sublease) shall interfere with or delay commence upon the performance of the Tenant ImprovementsEarly Access Date, 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 Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be subject 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 the applicable provisions 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 LeaseSublease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Master Lease and the rules and regulations attached to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateMaster Lease.
Appears in 1 contract
Sources: Sublease (NeurogesX Inc)
Early Access. Subject 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 terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements“Early Access Period”), Tenant and its contractors shall have access to the Premises solely for the purposes of installing wiring planning and cabling 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 connection with the installation advance. Commencing on June 1, 2019 (and provided Landlord shall have received a copy of each of Tenant’s telecommunications system(scertificates of insurance therefor pursuant to Subsection 4.4.2 hereof), computer network and/or any specialized security systems or other similar systems Tenant 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 its contractors shall have access to the Premises solely for the purposes of installing designing, and after Tenant’s Plans (as defined in Section 3.2) have been approved by Landlord, performing Tenant’s Work (as defined in Section 3.2), installing furniture, fixtures and equipment. In connection with telecommunications equipment and otherwise preparing the access granted in Premises for Tenant’s occupancy, and commencing on June 1, 2019, all obligations of Tenant under 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 Lease shall apply as if the provisions term 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 Leasehad commenced, except that (a) there Tenant shall be have no obligation on the part of Tenant solely because of such access to pay Minimum Annual Fixed Rent or any to pay Additional Rent on account of Operating Expenses or for Taxes or electricity for any period prior to Operating Costs until the Commencement Date. Notwithstanding that the term of this Lease shall not commence until the Commencement Date, during such period of early access Landlord’s obligations under Sections 5.6 and (b) 5.7 shall apply, and Landlord shall provide Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the loading dock and other common areas and facilities of the Building and shall furnish electricity and water to the Premises until as required by this Lease, as if the Commencement DateDate had occurred.
Appears in 1 contract
Sources: Lease Agreement (Pc Tel Inc)
Early Access. Subject 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 terms and conditions set forth in this Section 2.5common area of the Building to which Sublessor has the right of access under the Master Lease, commencing promptly after Landlord commences construction 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 (i) no other tenant is in possession of the Tenant ImprovementsPremises and (ii) Sublessee has delivered to Sublessor evidence that it has obtained the Required Insurance, Tenant Sublessee shall have access to the Premises solely approximately 10 days prior to the Commencement Date (the "FF & E Access Date") for the purposes purpose of installing wiring furniture systems and cabling telecommunication equipment installation. Such access shall not be deemed to be taking or accepting possession of the 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 not installed by Sublessor. Sublessee 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 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 work performed in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely by or on behalf of Sublessee (but excluding work performed by Sublessor or Sublessor's Contractors). Sublessor is not responsible for the purposes function and maintenance of installing Tenant’s furnitureSublessee'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 equipment. In connection with the access granted in Sublessee's Contractors pursuant to 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 under all of the applicable terms, covenants, provisions and conditions of this Lease, the Sublease except that (a) there shall be no obligation on the part of Tenant solely because of such access covenant to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateRent.
Appears in 1 contract
Early Access. Subject Landlord shall provide Tenant with early access to the 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 set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that Tenant shall pay: (aA) there shall be no obligation on Base Rent in the part amount of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date$2,382.80 per month, and (bB) 50% of the amount of Tenant’s Proportionate Share of the Additional Rent, Taxes, and Insurance, in each case, for the period commencing on the Access Date and ending on the date immediately preceding the 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 Occupancy Period”). During the Early Occupancy Period, Tenant shall not be deemed thereby to have taken or accepted possession may enter the portion of the Premises or any portion thereof. If in which Landlord is not then performing the Work for the purpose of installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant fails or refuses to comply or cause its contractors to comply with shall be solely responsible for any of the obligations described such fixtures, furniture or referred to above following notice equipment and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of for any loss or damage thereto from any cause whatsoever. Such early access to the Premises until and such installation shall be permitted only to the extent that Landlord reasonably determines that such early access and installation activities will not delay the 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 Section 3(b) without interfering with Landlord’s substantial completion of the Work. The provisions of Section 8(a) below and of Section 11 below shall apply in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (y) comply with all Laws applicable to such early entry work in the Premises. Notwithstanding the foregoing, if such early access or installation delays or interferes with Landlord’s performance of the Work, Landlord shall have the right to accelerate the Commencement DateDate one day for each day of delay caused by Tenant’s early access to the Premises.
Appears in 1 contract
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with Notwithstanding the provisions of this Lease or which Clause 3 if by the Target Date FSP shall interfere not have achieved Shell & Core Substantial Completion but in respect of computer areas plant areas and other areas reasonably requested by the Tenant the Base Building Works are complete in accordance with or delay the performance normal standards applied by architects except for items omitted at the request of the Tenant Improvements, FSP shall (subject to payment in full by GSPM or the Tenant of FSP's associated costs in accordance with Clause 40 of the Agreement for Lease) facilitate the early access for initial fitting out by GSPM in such areas upon such terms as to access as are set out in clause 16.11 of the Agreement for Lease 4 GSPM INDEMNITY GSPM shall in respect of the Developer's Fit Out Works and without prejudice to any other obligation on its part herein contained keep FSP fully and effectually indemnified (iiwith the intention of putting FSP in the same after-tax position it would have been in had the matter giving rise to the indemnification not arisen) against:-
4.1 any breach by GSPM or its servants or agents of the conditions or requirements imposed or implied by the Approvals and any other permission or licence granted (on the application of or on behalf of the Tenant) for or otherwise pursuant to the terms of this Agreement for the execution of the Developer's Fit Out Works; and
4.2 all claims actions damages demands losses expenses costs and other liabilities whatsoever suffered by FSP which arise out of the carrying out of the Developer's Fit Out Works (other than FSP's obligations to make payments under this Agreement); -------------------------------------------------------------------------------- 5 7 and will make good forthwith to the satisfaction of FSP any damage or injury caused by GSPM (or by anyone for whom GSPM is responsible) to comply, and cause its contractors the Building or the Demised Premises or 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 Base Building Works 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 the Development Site or to the property of such access to pay Minimum Rent FSP or any Additional Rent on account of Operating Expenses its servants agents licencees or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Dateworkmen.
Appears in 1 contract
Sources: Developer's Fit Out Agreement (Goldman Sachs Group Inc)
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction receipt of the Tenant ImprovementsMaster Landlord’s consent referred to in Section 3 below, Tenant during the fifteen (15) day period prior to the date Sublandlord delivers exclusive possession of the Sublease Premises to Subtenant, Subtenant shall have be allowed non-exclusive access to the Sublease Premises. During such period, Subtenant shall comply with all of the applicable terms of this Sublease (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 solely and as a condition precedent to Sublandlord’s grant of access, Subtenant shall have delivered to Sublandlord Base Rent and estimated Operating Expenses for the purposes second month following the Rent Commencement Date, the Security Deposit required pursuant to this Sublease and provide to Sublandlord evidence of the insurance required pursuant to this Sublease and the Master Lease. Such early access shall be for the sole purpose 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 equipmentequipment 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, 2017, the Commencement Date and Rent Commencement Date shall be accelerated to the date that Subtenant begins operation of its business. In connection with the access granted in If through no fault of Subtenant and provided Master Landlord has given its written consent to this Section 2.5, Tenant agrees Sublease (i) to cease promptly upon notice from Landlord any activity or work which and has not been approved by Landlord (where such approval is requiredelected to recapture the Sublease Premises) 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) still Sublandlord fails to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted deliver exclusive possession of the Sublease Premises to Subtenant on or any portion thereofbefore June 15, 2017, then, in addition to Subtenant’s rent abatement rights under Section 2.2 above, Subtenant shall be entitled to one (1) additional day of abated Base Rent for each day that Sublandlord’s delivery of exclusive possession of the Sublease Premises to Subtenant is delayed beyond June 15, 2017. If Tenant 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 or refuses to comply or cause its contractors to comply with any deliver exclusive possession of the obligations described Sublease Premises to Subtenant on or referred to above following notice before July 1, 2017, then, Subtenant may terminate this Sublease at any time after July 1, 2017 and a two before August 1, 2017 by giving Sublandlord ten (210) business day cure period, then immediately upon days prior written notice to Tenantterminate, Landlord may revoke Tenant’s right of access to in which case this Sublease shall terminate on the Premises until day following the Commencement Date.last day of
Appears in 1 contract
Sources: Sublease (Mobileiron, Inc.)
Early Access. Subject to Depending on the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences progress of the construction of the Tenant Improvements, Tenant shall have be given access to the Leased 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 up to two (202) days weeks prior to Substantial Completion, the Term Commencement Date in order for Tenant shall have access to the Premises solely for the purposes of installing install Tenant’s furniture, fixtures trade fixtures, equipment, telephone networks and equipmentcomputer networks, and to perform general set-up for Tenant’s business operations. In connection From the date Tenant is given early access to the Leased Premises as set forth above through the Term Commencement Date, Tenant shall be subject to all of the covenants in the Lease, except that Tenant’s obligation to pay Rent shall commence in accordance with the access granted in this Section 2.5Basic Lease Information sheet of the Lease; provided, Tenant agrees 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 cease promptly upon Landlord at least 24 hours prior written notice from Landlord any activity or work which has not been approved by Landlord prior to such entry, (where ii) Tenant shall exercise such approval is required) or is not right of access in compliance a manner that comports with the provisions requirements of this Lease or which all relevant insurance policies, (iii) Tenant (and ▇▇▇▇▇▇’s contractors, vendors, agents, and employees) shall interfere with not disrupt or delay the performance construction of the Tenant Improvements, and (iiiv) to complyTenant (and Tenant’s contractors, vendors, agents, and cause its contractors employees) shall in no event give directions to comply(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, promptly costs, and liabilities or expenses incurred in connection with all reasonable procedures any early access of Tenant. This Confirmation of Term of Lease is made by and regulations prescribed by Landlord from time-to-time for coordinating work being performed by 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 work being performed by TenantTenant entered into an Office Building Lease dated March 1, each with 2016 (the other“Lease”), in which Landlord leased to Tenant and with any other activity or work Tenant leased from Landlord the Leased Premises described in the BuildingBasic Lease Information sheet of the Lease (the “Leased Premises”).
2. Such access by Tenant shall be deemed Pursuant to be subject to all Section 3.1 of the applicable provisions of this Lease, except that (a) there shall be no obligation on Landlord and Tenant hereby confirm as follows:
a. August 12, 2016 is the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the 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 (b) Tenant shall not be deemed thereby to have taken or 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 any portion thereofamended, 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. If Tenant fails or refuses to comply or cause its contractors to comply with any The provisions of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right this Confirmation of access Term of Lease shall inure to the Premises until benefit of, or bind, as the Commencement Date.case may require, the 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. Subject to the terms and conditions provisions of the Work Letter and the terms and provisions of this Sublease, Subtenant shall be permitted to enter Phase I from and after the Phase I Delivery Date until the Phase I Rent Commencement Date (but subject to the restrictions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s6.3 below), computer network and/or any specialized security systems or other similar systems to enter Phase II from and facilities installed within after 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 Phase II Delivery Date until 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 Phase II Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) to enter Phase III from and after the Phase III Delivery Date until the Phase III Rent Commencement Date, respectively, for the sole and limited purpose of constructing and installing its Tenant Improvements, fixtures, furnishings, equipment, cabling and personal property within Phase I, Phase II and Phase III, respectively, of the Sublease Premises; provided, however, that, as to Phase III only, such early access shall allow the commencement of business as provided in, and subject to the terms and conditions of, Section 2.4.3 above. Such limited entry and use of the Sublease Premises shall not be deemed thereby obligate Subtenant to have taken or accepted possession of the Premises commence paying Base Rent for each applicable Phase unless Subtenant commences its business operations in all or any portion thereofof such Phase prior to the Rent Commencement Date for each respective Phase. If Tenant fails This right of entry onto the Sublease Premises is subject to revocation by Sublandlord in the event that Subtenant or refuses to comply its employees, contractors, subcontractors or agents cause its contractors to comply unreasonable interference with any of Sublandlord's work in Building D or any labor dispute or damage during such period which results either directly or indirectly from the obligations described installation or referred delivery of the foregoing, or Subtenant otherwise breaches any term, covenant or condition of this Sublease. Prior to above following notice Subtenant's entry onto the Sublease Premises in accordance with this Section 2.6, Subtenant shall satisfy all of the insurance requirements set forth in Section 17 of this Sublease. Under no circumstances shall Sublandlord be liable or responsible for, and a two (2) business day cure periodSubtenant agrees to assume all risk of loss or damage to such installation of its tenant improvements, then immediately upon notice furniture, fixtures, furnishings, equipment, cabling and personal property and to Tenantindemnify, Landlord may revoke Tenant’s right of access defend and hold Sublandlord harmless from any liability, loss or damage arising from any damage to the property of Sublandlord, or its contractors, employees or agents, and any death or personal injury to any person or persons to the extent caused by, attributable to or arising out of, whether directly or indirectly, Subtenant's entry onto the Subleased Premises until or the Commencement Datedelivery, placement, installation, or presence of its tenant improvements, furniture, fixtures, furnishings, equipment, cabling and personal property, except to the extent that such loss or damage is caused by Sublandlord's willful misconduct or gross negligence or the willful misconduct or gross negligence of Sublandlord's contractors, agents or employees.
Appears in 1 contract
Sources: Sublease (E Loan Inc)
Early Access. Subject Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the Premises consisting of approximately 33,597 rentable square feet as shown on the attached Exhibit A-1 (“Early Access Premises”) prior to the terms and conditions set forth Commencement Date for Tenant to use the Early Access Premises for staging in this Section 2.5, commencing promptly after Landlord commences connection with Tenant’s construction of the Tenant Improvements, Tenant shall have Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access 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 the Commencement Date 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 of the applicable terms and obligations of the Lease, including the indemnity provisions of this Leasetherein, except that (a) there during such period, the Basic Rent for the Early Access Premises shall be no obligation $47,035.80 per month (based on $1.40 per rentable square foot of the part Early Access Premises) pro rated on a per diem basis, and “Tenant’s Share” of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of “Operating Expenses or Taxes or electricity for any period prior Expenses” (as defined in Exhibit B attached to the Commencement DateLease) for the Early Access Premises shall be “fixed” at the amount of $8,399.25 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (be) Tenant of said Exhibit B shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereofsuspended in their entirety. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke In no event shall Tenant’s right of access to the Early Access Premises until trigger the Commencement DateDate of the Lease unless Tenant commences its regular business activities therefrom.
Appears in 1 contract
Sources: Lease (Inari Medical, Inc.)
Early Access. Subject to the terms of this Paragraph 2.B and conditions set forth 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 Premises in the Early Access Delivery Condition in accordance with this Section 2.5Paragraph 2.B as follows: on or before April 1, commencing promptly after 2020, Landlord commences will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the 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 Date,” 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 purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements, Improvements until Tenant shall have access has obtained all required building permits to the Premises solely for the purposes commence Construction therefor and delivered to Landlord a copy 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 permits to 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 prior to the Commencement Date shall be deemed to be subject to all of the applicable provisions terms and conditions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (bi) Tenant shall not be deemed thereby required to have taken pay Base Monthly Rental or accepted possession any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the 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 provide any services or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access 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 same. Said early access shall not advance the Expiration Date.. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the Base
Appears in 1 contract
Sources: Office Lease (Asana, Inc.)
Early Access. Subject Tenant shall be permitted to enter the Premises prior to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of Commencement Date (the Tenant Improvements, Tenant shall have access to the Premises solely “Early Access Period”) 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 cabling, security system, furniture, fixtures and equipment. In connection with ; provided, however, that Tenant’s entry into the access granted in this Section 2.5, Tenant agrees 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 cease promptly upon notice from delay Substantial Completion, (ii) Tenant providing Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not with copies of certificates of insurance, complying in compliance all respects with the provisions terms of this Lease or which shall interfere with or delay for all insurance required to be provided hereunder prior to entering the performance of the Premises, (iii) Tenant Improvementshaving obtained any and all governmental approvals required for such access, and (iiiv) to comply, Tenant complying with such restrictions and cause its contractors to comply, promptly with all reasonable procedures conditions on such access which Landlord deems reasonably necessary (and regulations prescribed Tenant acknowledges and agrees that any restrictions and conditions imposed 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 purpose of attempting to avoid any other activity or work delay in the BuildingCommencement Date shall be deemed reasonable). Such access by Tenant and the installation of such cabling, security system, furniture, fixtures and equipment shall be deemed to also be subject to all of the applicable provisions terms and conditions of this Lease, except including, without limitation, the provisions of Sections 17, 20 and 22; provided, however, that (a) there so long as Tenant does not commence the operation of business from the Premises, Tenant will not be obligated to pay Monthly Basic Rent or Excess Rent during the Early Access Period,. In no event shall be no obligation 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 part of Tenant solely because 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 pay Minimum Rent the gross negligence of Landlord or any Additional Rent on account of Operating Expenses Landlord’s contractors or Taxes or electricity agents (but in no event shall Landlord be liable for any period prior 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 the Commencement Datepersons or property, and (b) Tenant shall not be deemed thereby including without limitation any product inventory, which is alleged to have taken occurred during the Early Access Period. Landlord makes no representation or accepted possession warranty about safety of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of during the obligations described or referred to above following notice Early Access Period, as construction and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord other activities may revoke Tenant’s right of access to the Premises until the Commencement Datebe ongoing.
Appears in 1 contract
Early Access. Subject Provided that all conditions to the effectiveness of this Sublease have been satisfied, Sublandlord agrees to provide Subtenant with access to Phase 1 and Phase 2 as soon as reasonably practicable for the sole purpose of 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 set forth in of this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided Sublease except 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) Subtenant's obligation to cease promptly upon notice from Landlord any activity 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 which has not been approved by Landlord (where such approval is required) or is not Subtenant in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant ImprovementsSublease Premises, and (iiiii) Subtenant's obligation to complypay 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 cause its contractors invitees in each Phase prior to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time the Commencement Date for coordinating work being performed by Landlord and work being performed by Tenant, each such Phase shall be conducted in accordance with the other, terms of this Sublease and with in a manner so as to minimize any disruption to the operations of Sublandlord or other activity or work subtenants in the Building. Such access by Tenant Notwithstanding anything herein to the contrary, Subtenant shall not 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 provided with early access to pay Minimum any Phase pursuant to this subsection 2(c) unless and until (i) all conditions precedent to this Sublease have been satisfied, (ii) Subtenant has deposited with Sublandlord the cash portion and the Letter of Credit portion of the Security Deposit (as provided in section 4), (iii) Subtenant has paid to Sublandlord the Base Rent or any Additional Rent on account due for the first month of Operating Expenses or Taxes or electricity for any period prior to the Commencement DateSublease Term (as provided in section 3), and (biv) Tenant shall not Subtenant has provided to Sublandlord evidence of all insurance required to be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Datemaintained by Subtenant under this Sublease.
Appears in 1 contract
Sources: Sublease Agreement (Deltagen Inc)
Early Access. Subject Prior to the date the Landlord Work is Substantially Complete, Tenant’s access to the Premises, 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 set forth in of this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have Lease. If such early access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with permitted by Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access not be required to the Premises solely pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the purposes cost of installing any other Project services requested by Tenant’s furniture, fixtures and equipment. In connection with the access granted 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 and all related network and telecommunications cabling (the “Early Entry”) provided that such Early Entry is conducted in this Section 2.5, Tenant agrees (i) a manner as 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 unreasonably interfere with any Landlord Work occurring in or delay around the performance of the Tenant ImprovementsPremises, 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 further provided that such Early Entry shall be deemed to be subject to all of the applicable provisions terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby provide Landlord with certificates of insurance or other evidence acceptable to have taken Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with the Landlord Work or accepted possession otherwise disrupts Landlord’s operations or the operations of other tenants in the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to TenantBuilding, Landlord may revoke terminate Tenant’s right of access to Early Entry, and any delay in the Premises until the Commencement DateLandlord Work attributable to such Early Entry will be deemed a Tenant Delay as provided in this Lease.
Appears in 1 contract
Early Access. Subject to Provided the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction same does not interfere with completion of the Tenant Improvements, Tenant shall have access as reasonably determined by Sublandlord, Subtenant may, up to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty twenty-eight (2028) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, enter the Sublet Portion for the sole and exclusive purpose of installing its furniture, equipment and other personal property. Notwithstanding the foregoing, (bi) Tenant such entry shall be subject to the terms and conditions of this Sublease, provided that Subtenant shall not be deemed thereby required to have taken pay Base Rent, Expenses or accepted the Subtenant TI Cost Reimbursement for any entry or possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until during such period before the Commencement Date, except for the cost of services requested by Subtenant (e.g. after hours HVAC service); (ii) Subtenant shall not conduct its business from the Sublet Portion during the period of such entry, (iii) such entry shall be subject to such rules and regulations as Master Landlord and Sublandlord may reasonably promulgate and Subtenant shall ensure that any architect, engineer, designer, contractor and ▇▇▇▇▇▇▇ employed by Subtenant observes such rules, and prior to commencement of any work in the Sublet Portion, makes appropriate arrangements with Sublandlord, particularly with respect to: material and equipment storage; time and place of deliveries; hours of work and coordination of work; power, heating and washroom facilities; scheduling; security; and clean-up; and (iv) any such entry shall be at Subtenant’s risk and Sublandlord shall have no liability for any loss, damage or injury to Subtenant’s personal property, equipment, employees or agents which may be on or about the Sublet Portion during the period of such entry and, except for any injury to Subtenant’s employees or agents to the extent caused the negligence or willful misconduct of Sublandlord, Subtenant hereby releases Sublandlord from any claim with respect thereto from whatever cause.
Appears in 1 contract
Sources: Sublease (Zuora Inc)
Early Access. Subject Commencing on the date this Lease has been fully executed and delivered by the parties hereto until the date immediately prior to the 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 and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(sArticle 7 below), 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) Landlord has received insurance certificates evidencing that Tenant is carrying the insurance required to complybe 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 purpose of obtaining measurements and cause for the purpose of ordering necessary furniture, fixtures and equipment for Tenant’s Permitted Use; provided, 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 to complywithin the Premises without first obtaining Landlord's prior written approval including approval of plans for any cabling, promptly with all reasonable procedures wiring or other work which may affect systems or structure or be visible from outside the Premises and regulations prescribed by Landlord from time-to-time for coordinating work being shall be performed by Landlord and work being performed by Tenant, each in strict accordance 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 terms of Article 11 of this Lease, except that (a) there and all contractors shall be no obligation on comply with the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior Building's construction rules and regulations. Subject to the Commencement Dateforegoing, and (b) during such Early Access Period, Tenant shall not be deemed thereby obligated to have taken pay Base Rent or accepted possession of Operating Expenses, Shared Expenses or Taxes for the Premises or any portion thereof. If so accessed by Tenant fails or refuses to comply or cause its contractors to comply with any until the occurrence of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 1 contract
Sources: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)
Early Access. Subject Tenant shall be allowed early access beginning thirty (30) days prior to the Relocation Commencement Date for the sole purpose of installation of Tenant's furniture, fixtures and 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 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 Section 2.5Exhibit C.
2. If the ROFO Space becomes available at any time during the ROFO Period, commencing promptly after Landlord commences construction 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 Improvementsall (but not 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 lease the ROFO Space (which, 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 conditions of the Lease, except that the 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 the ROFO Space shall be coterminous with the Term of the Lease. If Tenant wishes to exercise its Right of First Offer with respect to the 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 have access deliver written notice to Landlord of Tenant's intention to exercise the Right of First Offer with respect to the Premises solely for entire ROFO Space. [f, however, Tenant decides not to exercise the purposes Right of installing wiring and cabling First Offer, either by (a) notifying Landlord in connection with writing on or before the installation First Offer Expiration Date of Tenant’s telecommunications system(s)'s decision not to exercise the right of first offer, computer network and/or 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 specialized security systems or other part of the ROFO Space to anyone whom Landlord desires, on material terms substantially 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 terms set forth in the purposes of installing Tenant’s furnitureFirst Offer Notice; provided, fixtures and equipment. In connection with the access granted in this Section 2.5however, Tenant agrees 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 cease promptly 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 Third Amendment, then Tenant's lease of the ROFO Space designated in the First Offer Notice shall be on the same terms and conditions as those pertaining to the Relocation Space except that the Construction Allowance for the ROFO Space shall be prorated.
4. In the 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 notice from Landlord any activity or work which has 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 been approved exercised by Landlord (where such approval is required) or is not Tenant in compliance accordance with the provisions of this Lease or which shall interfere with or delay Exhibit C prior to the performance end of the Tenant ImprovementsROFO Period, 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 null, void and of no further force or effect as of the first day following the expiration of the ROFO Period.
6. Tenant acknowledges and agrees that the Right of First Offer set forth herein shall be subject and subordinate to all the applicable provisions of this Lease, except that (a) there shall be no obligation on existing tenant leases for the part Building as of Tenant solely because the Effective Date of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Datethis Third Amendment, and (b) any rights of renewal, expansion or extension contained in any such existing tenant leases. In addition, notwithstanding anything in the Lease to the contrary, the Right of First Offer granted herein shall be deemed personal to Tenant and 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 included with any assignment of the obligations described or referred to above following notice Tenant's interest in and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until Lease and the Commencement DatePremises.
Appears in 1 contract
Early Access. Subject Beginning upon the Commencement Date provided Subtenant has made available to Sublandlord certificates of insurance indicating that Subtenant has obtained all required insurance in conformity with the insurance requirements set forth in the Master Lease, which insurance shall include both Landlord and Sublandlord as additional insureds (the “Early Access Date”) and ending on the thirtieth (30th) day following the Commencement Date (such period, the “First Early Access Period”), Subtenant shall have non‑exclusive access to the Phase I Subleased Premises during normal business hours for the purposes of (a) undertaking its improvements in accordance with Section 17.3 (“Subtenant Alterations”), (b) installing IT and data cabling, furniture, fixtures and equipment (“FF&E”), and (c) the conduct of business, in each case, subject to and in accordance with the terms and conditions set forth of this Sublease and the Master Lease. The game room depicted on Exhibit D (the “Scheduled Use Space”) may be made available to Subtenant for occasional use; such use is subject to (i) Subtenant’s prior written request; (ii) Sublandlord’s sole discretion, and (iii) Subtenant’s compliance with all reasonable rules and regulations established by Sublandlord. No Base Rent or Additional Rent shall be due or payable with respect to the First Early Access Period. Subtenant’s access and activities during the First Early Access Period shall be carried out in a manner that does not unreasonably interfere with Sublandlord’s or any other occupant’s use or occupancy of any portion of the Building and shall comply with all applicable laws and the requirements of the Master Lease. All other terms of this Sublease shall apply to Subtenant and its use and occupancy of the Subleased Premises during the First Early Access Period as though the Commencement Date had already occurred, except as expressly provided otherwise in this Section 2.5, commencing promptly after Landlord commences construction Section. Subject to Sublandlord’s receipt of the Tenant Improvementscertificates of insurance which shall include both Sublandlord and Landlord as additional insured, Tenant shall have access to if not already received, beginning on the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided date that such access is coordinated and scheduled in advance with Landlord. Commencing twenty thirty (2030) days prior to Substantial Completionthe Sublease Full Commencement Date and ending on the Sublease Full Commencement Date (such period, Tenant the “Second Early Access Period”), Subtenant shall have early access to the Phase II Subleased Premises solely during normal business hours for planning purposes, for undertaking its improvements in accordance with Section 17.3 (“Subtenant Alterations”), and for installing IT, data cabling and FF&E, and for the purposes conduct of installing Tenantbusiness, in each case in accordance with the first paragraph of this Section and the Master Lease. No additional Base Rent shall be payable solely by reason of Subtenant’s access during the Second Early Access Period. Subtenant hereby agrees to indemnify, defend and hold Sublandlord and the Sublandlord Indemnified Parties (as defined below) harmless from and against all losses, costs, expenses, damages, liabilities, actions, liens, claims and suits, including, without limitation, reasonable attorneys’ fees, to the extent arising out of bodily injury (including death resulting therefrom) or direct physical damage to tangible property or any and all liability, loss, cost, expense or damage incurred or suffered by Sublandlord or the Sublandlord Indemnified Parties to the extent directly caused by the acts or omissions of Subtenant in connection with early access to the Subleased Premises (and the performance of any activity therein, including, but not limited to, any installation of furniture, fixtures fixtures, and equipmentequipment and any construction of alterations or improvements) pursuant to this Section 4 by Subtenant and its employees, representatives, consultants, contractors, and suppliers, except to the extent caused by the gross negligence or willful misconduct of Sublandlord. In connection with For the access granted avoidance of doubt, Subtenant shall not be responsible for any indirect, consequential, special, punitive or exemplary damages, including, without limitation, lost profits, loss of use or business interruption, even if Sublandlord has been advised of the possibility of such damages. This last paragraph in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity shall survive the expiration or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions earlier termination of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateSublease.
Appears in 1 contract
Sources: Sublease (Heartflow, Inc.)
Early Access. Subject to Depending on the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences progress of the construction of the Tenant Improvements, Tenant shall have be given access to the Leased 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 up to two (202) days weeks prior to Substantial Completion, the Term Commencement Date in order for Tenant shall have access to the Premises solely for the purposes of installing install Tenant’s furniture, fixtures trade fixtures, equipment, telephone networks and equipmentcomputer networks, and to perform general set-up for Tenant’s business operations. In connection From the date Tenant is given early access to the Leased Premises as set forth above through the Term Commencement Date, Tenant shall be subject to all of the covenants in the Lease, except that Tenant’s obligation to pay Rent shall commence in accordance with the access granted in this Section 2.5Basic Lease Information sheet of the Lease; provided, Tenant agrees 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 cease promptly upon Landlord at least 24 hours prior written notice from Landlord any activity or work which has not been approved by Landlord prior to such entry, (where ii) Tenant shall exercise such approval is required) or is not right of access in compliance a manner that comports with the provisions requirements of this Lease or which all relevant insurance policies, (iii) Tenant (and ▇▇▇▇▇▇’s contractors, vendors, agents, and employees) shall interfere with not disrupt or delay the performance construction of the Tenant Improvements, and (iiiv) to complyTenant (and Tenant’s contractors, vendors, agents, and cause its contractors employees) shall in no event give directions to comply(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, promptly costs, and liabilities or expenses incurred in connection with all reasonable procedures any early access of Tenant. This Confirmation of Term of Lease is made by and regulations prescribed by Landlord from time-to-time for coordinating work being performed by 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 work being performed by TenantTenant entered into an Office Building Lease dated March 1, each with 2016 (the other“Lease”), in which Landlord leased to Tenant and with any other activity or work Tenant leased from Landlord the Leased Premises described in the BuildingBasic Lease Information sheet of the Lease (the “Leased Premises”).
2. Such access by Tenant shall be deemed Pursuant to be subject to all Section 3.1 of the applicable provisions of this Lease, except that (a) there shall be no obligation on Landlord and Tenant hereby confirm as follows:
a. August 12, 2016 is the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the 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 (b) Tenant shall not be deemed thereby to have taken or 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 any portion thereofamended, 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. If Tenant fails or refuses to comply or cause its contractors to comply with any The provisions of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right this Confirmation of access Term of Lease shall inure to the Premises until benefit of, or bind, as the Commencement Date.case may require, the 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. 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 Premises on the Delivery Date. Such period of early access shall commence on the Delivery Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no for Tenant’s obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to (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 storing equipment, installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever except to the extent caused by Landlord’s gross negligence or willful misconduct. Such early access and such installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Complex by Landlord or any other tenant or occupant. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (by) comply with all Laws applicable to such early access work in the Premises. For purposes of clarity, Tenant shall not be deemed thereby required to have taken or accepted possession pay Base Rent and Additional Rent during the Early Access Period; provided, however, Tenant shall pay the cost of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice services and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access utilities provided to the Premises until the Commencement DatePremises.
Appears in 1 contract
Early Access. Subject Tenant shall be permitted access (“Early Access”) to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction at least fifteen percent (15%) of the Premises before July 1, 2017 (“Early Access Date”), as such date may be extended as a result of any Force Majeure Delays or Tenant ImprovementsDelays (provided, Tenant that, except for Force Majeure attributable to a regional-wide catastrophic event, the aggregate of all Force Majeure Delays shall have access to the Premises solely not be in excess of thirty (30) days), for the purposes purpose 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 its furniture, fixtures and equipment, inventory relocation and testing of equipment (“Tenant’s Work”). In connection with The Tenant’s Work shall not include the access granted in this Section 2.5Tenant Improvements. Prior to beginning Tenant’s Work, Tenant agrees shall submit to Landlord: (i) to cease promptly upon notice from Landlord any activity or work which has not been approved such information as may be reasonably requested by Landlord (where such approval is required) or is not in compliance with regarding the provisions of this Lease or which shall interfere with or delay the performance nature and location of the Tenant Improvements, 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 comply, Landlord the insurance required by Landlord. All Tenant’s Work shall be constructed in a good and cause its contractors to comply, promptly with all reasonable procedures workmanlike manner and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord only new and work being 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, each 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 otherreasonable 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 other activity or work in the Building. Such access by Tenant 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 and all liens, claims, demands, injuries, damages, reasonable costs and expenses (including also reasonable attorneys’ fees) and 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 applicable provisions terms and conditions of this Lease, except that (a) there 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 no obligation 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 requirements set forth in Article IX of this Lease. Prior to the commencement of any construction activity on the part of Tenant solely because of Premises, certificates evidencing such access insurance required herein shall be delivered to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period Landlord. Such policies shall be renewed and new certificates shall be deposited with Landlord at least thirty (30) days prior to the Commencement Date, 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 materially modified without thirty (b30) days’ advance written notice to Landlord. 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 deemed thereby to have taken or accepted possession be a waiver by Landlord of the Premises or any portion thereof. If requirement herein, and Tenant fails or refuses shall remain under continuing obligation to comply or maintain and cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right Contractors to maintain the specified insurance coverage. Any and all deductibles on referenced insurance coverages shall be borne by Tenant and, if applicable, Tenant’s Contractors. Tenant expressly understands and agrees that any insurance maintained by Landlord shall apply in excess of access to the Premises until the Commencement Dateand not contribute with insurance provided by Tenant or Tenant’s Contractors.
Appears in 1 contract
Sources: Lease (5.11 Abr Corp.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions set forth 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 this Section 2.5the Basic Lease Information). Notwithstanding the foregoing, commencing promptly after Landlord commences construction the conduct of business in the Premises shall cause an immediate acceleration of the Tenant Improvements, Tenant shall have access Commencement Date to the Premises solely for the purposes of installing wiring and cabling in connection with the installation date of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within initial conduct of business in the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial CompletionDuring the Early Access Period, Tenant shall have access to may enter the Premises solely (but not any other portion of the Building or the Project other than for ingress and egress) for the purposes sole purpose of installing Tenant’s cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. In connection Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access granted in this Section 2.5access, Tenant agrees (i) to cease promptly upon notice from Landlord any activity use and occupancy of the Building or work which has not been approved the Project by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease any other tenant or which shall interfere with or delay the occupant and/or Landlord’s 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 Work and/or otherwise delay Landlord’s delivery of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereofto Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Tenant fails or refuses Landlord reasonably determines that ▇▇▇▇▇▇’s early access is interfering in any material way with Landlord’s ability to comply or cause its contractors to comply with any deliver possession of the obligations described or referred Premises in the condition required under this Lease and/or to above following notice and a two (2) business day cure periodcomplete the Work, then immediately upon notice Landlord shall have the right to Tenant, Landlord may revoke limit or otherwise restrict Tenant’s right of access to during the Premises until the Commencement DateEarly Access Period without any liability.
Appears in 1 contract
Sources: Lease Termination Agreement (Spruce Biosciences, Inc.)
Early Access. Subject to Provided Tenant has paid the terms and conditions set forth Base Rent provided in this Section 2.52(b), commencing promptly after Landlord commences construction of the Tenant ImprovementsReimbursement 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 Premises solely Premises, which notice shall contain and/or shall be accompanied by: (i) a description and schedule for Tenant’s Work; (ii) the purposes names and addresses of installing wiring all contractors, subcontractors and cabling material suppliers for whom and which such early access is being requested and the 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 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 installation performance of any 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 Work for which such access is coordinated being requested; (vi) certificates of insurance (in amounts and scheduled in advance 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. Commencing twenty (20) days prior to Substantial Completion, Tenant and Tenant’s contractors shall have access to 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 solely for or in other premises within the purposes of installing Tenant’s furnitureBuilding, fixtures and equipment. In connection the Property or in the Common Areas, or 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 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 Improvements, and (ii) to comply, and cause or 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 under all of the applicable terms, covenants, conditions and provisions of this Lease, except that (a) there excluding only the covenant to pay Rent and specifically including the provisions of Sections 12 and 13 thereof. Landlord shall not be no obligation on the part liable for any injury, loss or damage which may occur to any of Tenant’s Work or to property of Tenant solely because of such access to pay Minimum Rent placed in the Premises or any Additional Rent on account portion of Operating Expenses or Taxes or electricity for any period the Premises prior to the Commencement Date, the same being at Tenant’s sole risk and (b) liability. Tenant shall not be deemed thereby liable to have taken Landlord for any damage to the Premises, to any tenant improvement work in the Premises, or accepted possession of the Premises Property which is caused by Tenant or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Datecontractors.
Appears in 1 contract
Sources: Lease Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Early Access. Subject 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 Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 2.5, commencing promptly after Landlord commences construction of 41.2. During the Tenant ImprovementsEarly Access Period, Tenant shall have access no obligation to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of pay Basic Rent or electricity costs (provided 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 electricity usage during 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 Early Access Period is not excessive). Landlord shall not be liable in compliance with the provisions of this Lease any way for any injury, loss or damage which shall interfere with or delay the performance of the Tenant Improvements, and (ii) may occur 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 any such work being performed by Tenant, each the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the otherperformance 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 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 extent arising out of or in connection with any other activity and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or work property damage). Landlord shall have the right, in the Building. Such access by Tenant shall be deemed Landlord’s sole and absolute discretion, to be subject to settle, compromise, or otherwise dispose of any and all the applicable provisions of this Leasesuits, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Dateclaims, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with actions against any of the obligations described indemnified parties arising out of or referred to above following notice in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right conditions of access to this Lease and the Premises until the Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Anaptysbio, Inc)
Early Access. Subject 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 applicable Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the applicable Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Tenant, at its sole cost and expense, may enter the Premises prior to the Early Access Period to conduct indoor air samples, subject to Landlord’s prior written consent, which shall not be unreasonably withheld or delayed, and provided that ▇▇▇▇▇▇ uses ▇▇▇▇ Environmental (or if ▇▇▇▇ Environmental is not available, another environmental consultant selected by Tenant, subject to Landlord’s reasonable approval) to gather and analyze any 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 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 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 2.5, commencing promptly after Landlord commences construction of 41.1. During the Tenant ImprovementsEarly Access Period, Tenant shall have access no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by ▇▇▇▇▇▇, 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 ▇▇▇▇▇▇ 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 Premises solely extent arising out of or in connection with any and all work by Tenant or on Tenant’s behalf, during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the purposes right, in ▇▇▇▇▇▇▇▇’s sole and absolute discretion, to settle, compromise, or otherwise dispose of installing wiring any and cabling all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the installation of Tenant’s telecommunications system(s), computer network and/or work performed by ▇▇▇▇▇▇ during 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 Landlordearly entry. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenantcoordinate such entry with ▇▇▇▇▇▇▇▇’s furniturebuilding manager and, fixtures and equipment. In connection with the access granted except as expressly set forth in this Section 2.541.1, 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 entry shall be made in compliance with the provisions all terms and conditions of this Lease or which shall interfere with or delay and the performance of the Tenant Improvements, Rules and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateRegulations attached hereto.
Appears in 1 contract
Sources: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Early Access. Subject to the terms and conditions set forth in provisions of this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements2.7, Tenant shall have access to the Premises solely for as of January 4, 2021, provided that the purposes of installing wiring walls and cabling in connection with floors are sufficiently accessible and open to allow the installation of fixtures and provided that 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 does not materially interfere 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 Work in the Building. Such Early access by 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 (collectively, “Fixturization”). During any Fixturization period, Tenant shall be deemed coordinate all Fixturization with Landlord so as not to interfere with, disrupt or delay in any way the completion of any of Landlord’s Work, and failure to do so will constitute a Tenant Delay. Excluding the obligation to pay any form of Rent, Tenant’s early access to any portion of the Premises during Fixturization will be subject to the terms and conditions of the Lease (including all the applicable provisions of this Lease, except that (ainsurance requirements) there shall and these construction provisions. Landlord will not 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 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 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 fixtures. Immediately prior to such early access, Fixturization or use, Tenant and Landlord shall jointly inspect the areas to be occupied or portion of the Work to be used to determine and record the status of completion and the condition of the 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 coordinate the completion of the Landlord’s Work with Fixturization as described elsewhere in 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 applicable construction schedule, and (d) unless otherwise mutually agreed, early access to or use by Tenant of a portion or portions of the Work 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, 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 federal, 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. 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) Tenant Landlord shall not be deemed thereby to have taken liable for and Tenant hereby releases Landlord from any and all liability for theft thereof or accepted possession damage thereto, unless caused by the negligence or willful misconduct of the Premises Landlord or any portion thereof. If contractors or subcontractors of Landlord, and (c) Tenant fails or refuses will reimburse Landlord for any damages to comply or cause its contractors Landlord’s Work (and the reasonable cost to comply with any of the obligations described or referred to above following notice and a two (2repair same) business day cure period, then immediately upon notice to Tenant, Landlord may revoke caused by Tenant’s right own forces or separate contractors within 30 days after receipt of access to the Premises until the Commencement Datean invoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Leatt Corp)
Early Access. Subject to Provided the terms LESSEE is not in any material default hereunder after any notice and conditions set forth in this Section 2.5grace periods, commencing promptly after Landlord commences construction and the LESSEE does not interfere with the rights of other tenants or the LESSOR’S Work or the Tenant Improvements, Tenant shall have the LESSEE will be allowed, upon reasonable notice to LESSOR, reasonable access to the Expansion 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 seven (207) days prior to Substantial Completionthe Expansion Commencement Date to permit LESSEE to prepare the Expansion Premises for its use and occupancy (but not to conduct business therein), Tenant including without limitation installing wiring and cabling, furniture and equipment. During such access, LESSEE shall have 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 to the Premises is solely for the purposes purpose of preparing the Expansion Premises for LESSEE’S use and occupancy, including without limitation installing Tenant’s furniturewiring and cabling, fixtures furniture and equipment, excluding the payment of base rent and LESSEE’S proportionate share of real estate taxes and operating costs during the above-mentioned early access period. Notwithstanding the above, except for LESSOR’S Work, 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 the Exhibit B thereto, 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 this Second Amendment represent the entire agreement between the Parties and that no other modification, written or otherwise, exists between the Parties. The normal rule of 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 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 connection with the access granted in event of a conflict between 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 Second Amendment and the provisions Lease Agreement the terms of this Lease or which Second Amendment shall interfere with or delay govern. All capitalized terms used but not defined herein shall have the performance of the Tenant Improvements, and (ii) same definitions ascribed 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 such terms in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateLease Agreement.
Appears in 1 contract
Early Access. Landlord shall allow Tenant early access (subject to the terms hereof) to the Premises free from other occupants or tenancies no later than January 1, 2026 (as may be extended for Force Majeure, “Early Access”; and the date on which Tenant initially accesses the Premises, the “Early Access Date”), provided that: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has obtained all permits required for the 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 Tenant’s Early Access is for installation of Tenant’s equipment, including but not limited to, installation of racking, IT cabling and 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 (but not for the purpose of conducting Tenant’s business operations within the Premises); provided, however, the listing of such equipment in this Section shall not be deemed or construed as Landlord’s approval of the same, and such approval shall be subject to the provisions and conditions set forth elsewhere in this Lease. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvementsimmediately succeeding sentence, Tenant shall have access 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 Premises solely for Building during 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 PremisesEarly Access period, provided that such access is coordinated and scheduled in advance shipment does not interfere with Landlord’s completion of the Landlord Improvements. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access may not ship any product from the Building during the Early Access period. Tenant’s Early 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 of the applicable provisions of this Lease, except for the payment of 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 (aand Tenant shall not be entitled to any abatement of rent related to) there 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 period of time starting from the 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 Premises during such Early Access period shall be at Tenant’s sole risk and Landlord will have no obligation on to secure the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period Premises prior to the Commencement Date. Except to the extent caused by gross negligence or willful misconduct of Landlord or any of Landlord’s agents, employees, contractors, licensees or invitees (collectively, “Landlord Parties” and (b) Tenant individually, a “Landlord Party”), Landlord or any Landlord Party shall not be deemed thereby 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. Except to the extent caused by gross negligence or willful misconduct of Tenant or any Tenant Party, Tenant or any Tenant Party shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by any other party during any Early Access period. The Early Access period shall end upon the occurrence of the Commencement Date, at which time Tenant shall have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses for its full use for the Permitted Use and occupancy, pursuant to comply or cause its contractors and subject to comply with any the terms of the obligations described or referred to above following notice and a this Lease, twenty-four (24) hours per day, seven (7) days per week, fifty-two (252) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right weeks per year during the Term of access to the Premises until the Commencement Datethis Lease.
Appears in 1 contract
Early Access. Subject Landlord shall permit Tenant and its agents to enter (a) the Office Premises approximately four (4) weeks prior to the Early Occupancy Date and (b) the Laboratory Premises approximately four (4) weeks prior to the Commencement Date (each such period, the “Early Access Period”), for the sole purpose of installing, at Tenant’s sole cost and expense (except as expressly set forth in the Work Letter Agreement), its furniture, fixtures, equipment and cabling in such portion of 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 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 licenses to enter the Office Premises prior to the 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 (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises except to the extent caused by Landlord’s or 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, 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 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements41.3. During each Early Access Period, Tenant shall have access no obligation to the Premises solely pay Basic Rent, Operating Expenses, Real Property Taxes or costs for the purposes of installing wiring and cabling in connection with the installation of electricity, gas or HVAC (provided that 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 usage thereof during 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 Early Access Period is not excessive). Landlord shall not be liable in compliance with the provisions of this Lease any way for any injury, loss or damage which shall interfere with or delay the performance of the Tenant Improvements, and (ii) may occur 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 any such work being performed by Tenant, each 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 otherperformance 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 in connection with any and all work performed by or (excepting the Tenant Improvements or any other activity work performed by Landlord) on behalf of Tenant or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions Tenant’s contractors during such early entry (including, but not limited to, claims for breach of this Leasewarranty, personal injury or property damage), except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Dateextent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with actions against any of the obligations described indemnified parties arising out of or referred to above following notice in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager, and a two (2) business day cure periodsuch entry shall, then immediately upon notice to Tenantexcept as expressly set forth in this Section 41.3, Landlord may revoke Tenant’s right be made in compliance with all terms and conditions of access to this Lease and the Premises until the Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Early Access. 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 set forth in of this Section 2.5Lease and provided Landlord has received the pre-paid Base Rent required hereunder, commencing promptly after the Letter of Credit and all evidence of insurance coverage required hereunder, Landlord commences construction of will allow Tenant to enter the Tenant ImprovementsPremises for the seven (7) day period (the “Early Access Period”) immediately following the date upon which both (i) the Current Occupant completes such removal and (ii) Landlord completes Landlord’s Work, Tenant shall have access and prior to the Premises Commencement Date, solely for the purposes purpose 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 equipment in the access granted Premises (if Tenant completes such installation and commences business operations in this Section 2.5the Premises prior to the expiration of such seven (7) day period, Tenant agrees (i) the Early Access Period will be deemed 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 have expired as of the end of the day immediately preceding Tenant’s first (1st) day of business operations in the Premises). Landlord may withdraw its permission for Tenant Improvementsto 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, 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, Tenant’s vendors and with any contractors or other activity or work tenants in the Building. Such access by Tenant early entry shall be deemed to be subject to all the applicable terms and provisions of this Lease, except that (a) there Tenant shall be have no obligation on the part of Tenant solely because of such access to pay Minimum Base Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any other charges during such early access period prior to the Commencement Date, and (b) unless Tenant shall not be deemed thereby to have taken or accepted possession of commences business operations in the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure during such early access period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 1 contract
Sources: Office Lease Agreement (RPX Corp)
Early Access. Subject Prior to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction Substantial Completion of the Tenant 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 shall have with early access to the Premises solely Initial Improvements (or the Expansion Improvements, if applicable), including, without limitation, access to and the use of loading docks, elevators, construction hoists, electrical service and the like, for the purposes of installing wiring allowing separate contractors engaged by Tenant to install or construct therein (to the extent then completed) such items for which Landlord and cabling Contractor are not responsible hereunder (together, "Tenant Work"); provided, however, that no Tenant Work may be performed without the 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 otherwise unreasonably withheld or delayed. Further, any and all Tenant Work shall be prosecuted and shall in all instances be subject to the installation 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 telecommunications system(s's exercise of its rights of early access under this Section 2.10 and any Tenant Work. In the event Tenant's prosecution of any Tenant Work unreasonably interferes with any work being performed by or on behalf of Landlord, Landlord (or Contractor, in the 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 hereunder, in the event that 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 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 Initial Improvements (or Expansion Improvements). Landlord shall coordinate with Tenant such installations by Tenant of the foregoing systems pursuant to a schedule that Contractor (or Landlord, 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 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), 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 not less than thirty (2030) days prior to Substantial Completionthe Delivery Date (or Expansion Delivery Date). Anything in this Section 2.10 to the contrary notwithstanding, Tenant shall have access to not commence the Premises solely for conduct of any business from the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period Initial Improvements prior to the Commencement Delivery Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of from the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises Expansion Improvements until the Commencement Expansion Delivery Date.
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Sources: Build to Suit Office Lease Agreement (Wells Real Estate Investment Trust Inc)
Early Access. Subject to the terms and conditions set forth in of this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements5.4, Tenant shall have the right to access to the Premises solely for the purposes period commencing as of installing wiring the date that this Lease is fully executed and cabling in connection with delivered by Landlord and Tenant and continuing through the installation of Tenant’s telecommunications system(sdate immediately preceding the Commencement Date (such period being referred to herein as the “Early Access Period”), computer network and/or any specialized security systems or other similar systems and facilities installed within . During the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial CompletionEarly Access Period, Tenant shall have access the right, at its sole cost and expense and in compliance with all applicable Laws, to the Premises solely for the purposes of installing Tenant’s install furniture, fixtures and equipment. In connection with racking, cabling, security systems, construct 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 Improvements in compliance with the provisions of this Lease or which shall interfere with or delay the performance terms of the Tenant ImprovementsWork Letter, and generally prepare the Premises for occupancy. Tenant shall not be required to pay Base Rent, Operating Expenses (ii) to complyincluding Taxes), 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 or any other activity or work form of Rent during the Early Access Period, provided that Tenant shall be required to pay for utilities as provided for in this Section 5.4. Tenant agrees that any such entry onto the Building. Such access by Tenant Premises during the Early Access Period shall be deemed to be subject to under all of the applicable terms, covenants, conditions and provisions of this Leasethe Lease (except as to the covenant to pay Base Rent and Operating Expenses (including Taxes)), except that (a) there and in connection therewith Tenant shall be no obligation required to pay for utilities used by Tenant during the Early Access Period pursuant to the terms of this Section 5.4, below. 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 part of Tenant solely because of such access Premises or loss or damage to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period property placed thereon prior to the Commencement Date, the same being at Tenant’s sole risk and (b) Tenant expense, provided that the foregoing shall not be deemed thereby limit Landlord’s liability, if any, pursuant to have taken applicable Law for personal injury and property damage to the extent caused by the gross negligence or accepted possession willful misconduct of the Premises Landlord or any portion thereofits agents. If Prior to Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations Tenant Parties (defined in Section 9.3.1 below) obtaining access or entry to the Premises, Tenant must first satisfy the Access Conditions (as hereinafter defined). 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, (B) Tenant’s payment to Landlord of any amounts (e.g., the payment of the first month Base Rent and the Initial Estimated Additional Rent required under this Lease) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease, and (C) Tenant’s delivery of the L-C in accordance with the terms of Section 4.4 of this Lease (the conditions described or in clauses (A), (B) and (C) are collectively referred to above following notice herein as the “Access Conditions”). Tenant shall place all utilities for the Premises into its name prior to the commencement of the Early Access Period or as promptly thereafter as is commercial reasonable; provided, however, that in the event that Tenant is unable to cause the utilities for the Premises to be separately metered or account transferred prior to the commencement of the Early Access Period, then Tenant shall be obligated to pay to Landlord, as Additional Rent, any and a two all utilities costs that are incurred for the Premises during the entirety Early Access Period. Such payment by Tenant shall be due within ten (210) business day cure period, then immediately upon notice days after ▇▇▇▇▇▇▇▇’s delivery to Tenant, Landlord may revoke Tenant’s right Tenant of access to the Premises until the Commencement Datea billing statement therefor.
Appears in 1 contract
Early Access. Subject (a) Landlord hereby agrees to permit Tenant access, at Tenant's sole risk and expense, to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) First Floor Laboratory Space 30 days prior to Substantial Completionthe First Floor Laboratory Space Effective Date to perform any work required by Tenant (other than Landlord's Work); provided that all of Tenant's work is coordinated with Landlord's architect and the general contractor, and complies with the Lease and all other reasonable restrictions and conditions Landlord may impose, and all such access shall be during normal business hours or at such other times as are reasonably designated by Landlord. Any entry by Tenant shall comply with all established safety practices of Landlord's contractor and Landlord until completion of Landlord's Work and acceptance thereof by Tenant.
(b) Neither Tenant nor its employees, consultants, agents, contractors, and suppliers shall interfere with the performance of Landlord's Work in the First Floor Laboratory Space, nor with any inspections or issuance of any approvals by San Diego County or the City of San Diego, and upon any such interference, Landlord shall have access the right to exclude Tenant and Tenant's employees, consultants, contractors and agents from the Premises solely for the purposes First Floor Laboratory Space until Substantial Completion of installing Tenant’s furniture, fixtures and equipment. Landlord's Work.
(c) In connection with Tenant's right to access the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period First Floor Laboratory Space prior to the Commencement First Floor Laboratory Effective Date, Tenant hereby agrees to indemnify and (b) Tenant shall not be deemed thereby to have taken hold Landlord harmless from any loss of or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice damage to Tenant's property, Landlord may revoke Tenant’s right completed work, fixtures, equipment, materials or merchandise, and from liability for death of, or injury to, any person, caused by the willful misconduct or negligence of access to the Premises until the Commencement DateTenant or its agents.
Appears in 1 contract
Early Access. Subject Landlord shall, subject to compliance with Legal Requirements and the terms and conditions set forth in this Section 2.5Paragraph F, commencing promptly after Landlord commences construction of the grant to Tenant Improvements, and certain other Tenant shall Parties a license for Tenant and certain other Tenant Parties to have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date. 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 (the "tenant's Pre-Occupancy Work"). Tenant shall deliver to Landlord Tenant's written request for early access not less than five (5) business days prior to the date on which such access shall commence 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 (bii) certificates of insurance evidencing the coverages required to be maintained by Tenant shall not be deemed thereby Parties pursuant to have taken or accepted possession Section 12 of the Premises or any portion thereofLease. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice Any and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of 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 shall be subject to all of the terms, covenants, conditions and provisions of the Lease, including, without limitation, the provisions of Sections 11 of the Lease, and excluding only the covenant to 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 conference rooms and density of occupancy;
(b) identify the density of occupancy for all rooms;
(c) identify the location of any food service areas or vending equipment rooms;
(d) identify areas, if 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 business equipment which requires two hundred eight (208) volts or separate electrical circuits, (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’). BUILDING STANDARD CONFORMANCE - The Contractor must be certain that all ceiling tiles, venetian blinds, and door hardware conform to the building standards. Door locks should be keyed to the building master and to the floor 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. Subject Starting on that date which is five (5) business days after the Effective Date of this Lease (the “Delivery Date”), Landlord agrees to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the allow Tenant Improvements, Tenant shall have access to the Premises solely for and reasonable use of the purposes of installing wiring Building’s parking facilities and cabling in connection with the installation freight elevators (“Early Access”) subject to all of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within 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 the Tenant Improvements and installing telephones, provided that such access is coordinated cabling, equipment and scheduled furniture in advance with Landlordthe Premises for Tenant’s operations in the Premises. Commencing twenty At least three (203) business days prior to Substantial Completionany such Early Access, Tenant shall have access to the Premises solely for the purposes provide Landlord with copies of installing Tenant’s furniturecertificates of insurance, fixtures and equipment. In connection complying in all respects 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 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 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 TenantLandlord’s agents, each or with the other, and with any Landlord’s or other activity or tenants’ work in the Premises or other premises and in common areas of the Building, or the general operation of the Building. Such access by Tenant If at any time such entry shall be deemed to be subject to all the applicable provisions of this Leasecause such unreasonable interference, except that including labor disputes, Landlord may suspend such license upon twenty-four (a24) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period hours’ prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon written notice to Tenant, Landlord may revoke in which case, Tenant shall immediately discontinue Tenant’s right Early Access until the resolution of access 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 cooling or other services to the Premises until the Commencement DatePremises, Tenant shall pay to Landlord an amount reasonably determined by Landlord to compensate for Landlord's actual costs and services.
Appears in 1 contract