Common use of Early Access Clause in Contracts

Early Access. Subtenant and 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 being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice 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. 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expense.

Appears in 2 contracts

Samples: Sub Sublease (Ocz Technology Group Inc), Sub Sublease (Ocz Technology Group Inc)

AutoNDA by SimpleDocs

Early Access. Subtenant If and Subtenant’s representatives to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter (i) 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 being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements warehouse portion of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit Leased Premises for sixty (60) days prior to the Effective Date. All scheduled date for Substantial Completion of such space in order to install fixtures (such as racking) and otherwise prepare the warehouse portion of the rights Leased Premises for occupancy (which right shall expressly exclude making any structural modifications) per Exhibit “X-x” attached hereto and obligations (ii) the Office Space for thirty (30) days prior to the scheduled date for Substantial Completion of such space in order to install fixtures and furnishings and otherwise prepare the parties under Office Space for occupancy. During any entry prior to the Commencement Date (i) Tenant shall comply with all terms and conditions of this Sublease (Lease other than Subtenant’s the obligation to pay Base Rent and the cost of utilities under Section 3.3any rent, 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 foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease Tenant shall not unreasonably interfere with Landlord’s completion of the Work, (iii) Tenant shall cause its installations until the Effective Date has occurred, Subtenant shall promptly personnel and contractors to comply with the terms and conditions of Landlord’s jobsite rules of conduct attached hereto as Exhibit “H”, and (iv) Tenant shall not begin operation of its business. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections (e.g., racking permits and fire inspections) relating to any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed entry by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseTenant.

Appears in 2 contracts

Samples: Office, Warehouse and Distribution Center (Container Store Group, Inc.), Office, Warehouse and Distribution Center (Container Store Group, Inc.)

Early Access. Subtenant Subject to the terms herein and SubtenantTenant’s representatives compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased Premises being referred to herein as the (“Early Access DateAccess”) for during completion of the sole purposes of Leasehold Improvements to coordinate installation of SubtenantTenant’s personal property cabling and wiring and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements or unreasonably delay completion of the Master Sublease; in no event will Subtenant perform work which requires Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the procurement of a construction permit prior Lease. Tenant shall be fully responsible for all costs related to the Effective DateEarly Access. All insurance, waiver, indemnity, and alteration provisions of the rights Lease shall be in full force and obligations effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the parties under this Sublease (other than SubtenantLeasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s obligation instructions and directions so that Tenant’s early entry does not interfere with or delay any work to pay Base Rent and the cost of utilities under Section 3.3be performed by Landlord. Any delay resulting from Early Access, but expressly including without limitationlimitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as be deemed a result of such installation, all at Subtenant’s sole cost and expenseTenant Delay.

Appears in 2 contracts

Samples: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.)

Early Access. Subtenant Tenant shall be permitted to enter the Premises prior to the Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s cabling, security system, furniture, fixtures and Subtenantequipment; provided, however, that Tenant’s representatives entry into the Premises during the Early Access Period shall be subject to and conditioned upon (i) Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, (ii) Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, (iii) Tenant having obtained any and all governmental approvals required for such access, and (iv) Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Such access and the installation of such cabling, security system, furniture, fixtures and equipment shall also be subject to all of the terms and conditions of this Lease, including, without limitation, the provisions of Sections 17, 20 and 22; provided, however, that 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 Tenant or Tenant’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the nature of such interference, Landlord shall have the right to enter terminate Tenant’s access. Such access shall not advance 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 Termination Date. Other than with respect to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes gross negligence of installation of SubtenantLandlord or Landlord’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; contractors or agents (but in no event will Subtenant perform work which requires the procurement shall Landlord be liable for any loss of a construction permit prior 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 Effective Date. 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 3.3persons or property, but expressly including without limitationlimitation any product inventory, Subtenant’s obligation which is alleged to carry (and provide evidence of) insurance pursuant to the Master Sublease, and Subtenant’s indemnification obligations) shall commence upon have occurred during the Early Access DatePeriod. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, if either (i) Landlord makes no representation 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion warranty about safety of the Subleased Premises damaged or otherwise altered during the Early Access Period, as a result of such installation, all at Subtenant’s sole cost construction and expenseother activities may be ongoing.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Early Access. Subtenant Commencing fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”), and Subtenant’s representatives so long as (i) this Lease has been fully executed and delivered by the parties hereto, (ii) Landlord has received the first (1st) monthly installment of Base Rent pursuant to Article 3 below, (iii) Landlord has received the Letter of Credit pursuant to the Letter of Credit Rider attached hereto, and (iv) Landlord has received insurance certificates evidencing that Tenant is carrying the insurance required to be carried by Tenant pursuant to the terms of Article 10 below, Tenant shall have the right to enter access 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 being referred to herein as the “Early Access Date”) for the sole purposes purpose of the installation of SubtenantTenant’s personal property and equipment, furniture, fixtures and voice and data cablingequipment therein; provided, however, that during such Early Access Period, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement terms and conditions of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than SubtenantLease shall apply, including, without limitation, Tenant’s obligation to pay Base Rent to Landlord all sums and the cost of utilities charges required to be paid by Tenant under Section 3.3this Lease, but expressly including including, without limitation, Subtenantcharges for additional services provided to the Premises so accessed pursuant to Sections 6.1.2 and 6.2 of this Lease. Further, any work to be performed by Tenant or its contractors within the Premises shall be performed in strict accordance with the terms of Article 8 of this Lease, including obtaining Landlord’s obligation prior approval of plans for any cabling, wiring or other work which may affect systems or structure or be visible from outside the Premises and causing all contractors to carry comply with the Project’s construction rules and regulations. Subject to the foregoing, during such Early Access Period, so long as Tenant does not commence business operations from the Premises, Tenant shall not be obligated to pay Base Rent or Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs (as such terms are defined in Article 4 below) for the Premises so accessed by Tenant until the occurrence of the Lease Commencement Date (and provide evidence of) insurance pursuant to the Master Subleaseno such Base Rent nor Tenant’s Share of Operating Expenses, Tax Expenses and Subtenant’s indemnification obligations) Utilities Costs shall commence upon the accrue during such Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expensePeriod).

Appears in 1 contract

Samples: Lease (InterPrivate III Financial Partners Inc.)

Early Access. Subtenant Subject to the terms herein and SubtenantTenant’s representatives compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased Premises being referred to herein as the or any portion thereof (“Early Access DateAccess): (i) for during completion of the sole purposes of Leasehold Improvements to coordinate installation of SubtenantTenant’s personal property cabling and equipment, wiring; and (ii) no less than fourteen (14) days prior to Substantial Completion to coordinate installation of Tenant’s furniture, fixtures and voice and data cabling, all subject equipment to the termsextent such installation is allowed by the City of Austin prior to issuance of a certificate of occupancy; provided in any such case Tenant’s Early Access does not unreasonably interfere with, conditions and requirements or delay completion of the Master Sublease; in no event will Subtenant perform work which requires Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the procurement of a construction permit prior Lease. Tenant shall be fully responsible for all costs related to the Effective DateEarly Access. All insurance, waiver, indemnity, and alteration provisions of the rights Lease shall be in full force and obligations effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their applicable permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the parties under this Sublease (other than SubtenantLeasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s obligation reasonable instructions and directions so that Tenant’s early entry does not unreasonably interfere with or delay any work to pay Base Rent and the cost of utilities under Section 3.3be performed by Landlord. Any delay resulting from Early Access, but expressly including without limitationlimitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as be deemed a result of such installation, all at Subtenant’s sole cost and expenseTenant Delay.

Appears in 1 contract

Samples: Lease (Sailpoint Technologies Holdings, Inc.)

Early Access. Subtenant Subject to all Legal Requirements (as defined below) and Subtenant’s representatives Section 1(J) above, Tenant shall have the right be permitted to enter into the Subleased Premises from and after (or any portion thereof) on the date that Landlord causes the Substantial Completion of mutual execution the Tenant Improvements (as reasonably determined in writing by Landlord) or such earlier date as is mutually acceptable to Landlord and delivery of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) Tenant, for the sole purposes purpose of installation of Subtenant’s personal property installing its furniture, trade fixtures, data and telephone cabling, and equipment, furniture, fixtures and voice and data cabling, all subject . Landlord shall continue to diligently pursue the terms, conditions and requirements Substantial Completion of the Master Sublease; in no event will Subtenant perform work which requires Tenant Improvements following any early entry by Tenant prior to such Substantial Completion. If Tenant enters the procurement of a construction permit Premises prior to the Effective DateSubstantial Completion of the Tenant Improvements pursuant to this Section 2(a), then Tenant shall be deemed to have waived its termination right set forth in Section 5.3.2 of Exhibit B attached hereto as of the first date of such entry, and Tenant shall not unreasonably interfere with or delay the work of Landlord and/or its contractors or consultants, and Tenant shall coordinate and cooperate with Landlord, and Tenant shall cause Tenant's employees, vendors, and consultants to work in harmony with Landlord and Landlord's contractors and consultants to minimize any interference or delay with respect to the construction of the Tenant Improvements. Such early entry in and of itself will not advance the Rent Commencement Date unless Tenant commences to conduct business from within the Premises (in which case the Rent Commencement Date shall immediately occur). All of the rights and obligations provisions of this Lease shall apply to Tenant during any early entry, including, without limitation, the parties under indemnities set forth in this Sublease (other than Subtenant’s Lease, but excluding only the obligation to pay Base Rent and Direct Costs until 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 SublandlordRent Commencement Date has occurred. Notwithstanding the foregoing foregoing, Tenant shall be responsible for payment of all utility costs with respect to the contraryPremises during Tenant's early occupancy that are attributable to Tenant's activities in the Premises (as reasonably determined by Landlord) and shall pay such costs to Landlord within thirty (30) days after demand from time to time. During any such early entry, if either (i) Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns, licensees or invitees, except for property damage and personal injury to the extent caused by the negligence or willful misconduct of Landlord or Master Sublandlord Landlord's employees, agents or contractors. Landlord shall have the right to post appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Subtenant vacate the Subleased Premises or (ii) cease Tenant has fulfilled its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease obligation to provide insurance pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expensethis Lease.

Appears in 1 contract

Samples: Standard Office Lease (Glu Mobile Inc)

Early Access. Subtenant and Subtenant’s representatives shall have the right Prior 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 Landlord Work is Substantially Complete, Tenant’s access to the Subleased Premises being referred shall be permitted only with the prior written consent of Landlord, which consent shall not be unreasonably withheld. In addition, so long as Tenant is accompanied by the Building’s property manager, Tenant shall have access to herein as the Premises prior to the date the Landlord Work is Substantially Complete for the purpose of observing the construction of the Landlord Work. Early Access Date”access to the Premises shall be subject to the terms and conditions of this Lease and Tenant shall pay Rent (defined in Section 4.A) to Landlord for each day of such early access. However, if such early access to the Premises is permitted by Landlord for the sole purposes purpose of installation of Subtenant’s personal property and equipment, performing improvements or installing furniture, fixtures and voice and data cablingequipment or other personal property, 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. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of utilities under Section 3.3any other Building services requested by Tenant (e.g., but expressly including freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises on or after 15 days prior to Substantial Completion of the Landlord Work for the sole purpose of installation of furniture, fixtures and equipment (the “Early Entry”) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and further provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Pro Rata Share of Operating Expenses), including, without limitation, SubtenantTenant’s obligation insurance and indemnity obligations as contained in this Lease. Prior to carry (and any such Early Entry, Tenant shall provide Landlord with certificates of insurance or other evidence of) acceptable to Landlord evidencing Tenant’s compliance with its insurance pursuant obligations. In the event that Tenant’s Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, Landlord may terminate Tenant’s right to the Master SubleaseEarly Entry, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant delay in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered Landlord Work attributable to such Early Entry will be deemed a Tenant Delay as a result of such installation, all at Subtenant’s sole cost and expenseprovided in this Lease.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

Early Access. Subtenant and SubtenantWhen, in Landlord’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 reasonable judgment, Xxxxxxxx’s Work with respect to the Subleased portion of the Premises being referred not currently occupied by Xxxxxx has proceeded to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipmenta point where Tenant may install wires, cables, furniture, fixtures and voice equipment (“Tenant’s Work”) therein without interfering with the performance of the Landlord’s Work, Landlord shall so notify Tenant and, from and data cablingafter such date of notification, Tenant and its contractors shall have access to the such area solely for the purposes of performing the Tenant’s Work. In connection with such access, Xxxxxx agrees (a) to cease promptly upon notice from Landlord any Tenant’s Work which has not been approved by Landlord or is not in compliance with the provisions of the Lease or which shall interfere with or delay the performance of Landlord’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Landlord’s Work the Tenant’s Work. Such access by Tenant shall be subject to the terms, conditions and requirements all of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All applicable provisions of the rights Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any rent, and obligations (y) Tenant shall not be deemed thereby to have taken or accepted possession 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 foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease any portion thereof. If Tenant fails or refuses to comply or cause its installations until the Effective Date has occurred, Subtenant shall promptly contractors to comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant of the obligations described or referred to the provisions of Section 2.1 above, Subtenant then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access. Landlord shall promptly remove from assume no responsibility for the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice quality or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion completion of the Subleased Premises damaged Tenant Work under this Section, and shall not be responsible for equipment or otherwise altered as a result supplies of such installation, all at SubtenantTenant or Tenant’s sole cost and expense.contractors. SCHEDULE 1

Appears in 1 contract

Samples: Lease Agreement (Healthequity Inc)

Early Access. Subtenant and Subtenant’s representatives Tenant 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 be given access to the Subleased Premises being referred prior to herein as installation of the ceiling grid in order to allow Tenant to install telephone and other communications and media lines and systems, computer cabling, and related similar matters. The date of Early Access Date”) for to the sole purposes Premises and the time by which installation of Tenaxx'x Xork must be completed will be coordinated with the General Contractor. Tenant and General Contractor shall work together to ensure that Tenaxx'x Xork is completed in an efficient and timely manner and will not unreasonably impede, interfere with or delay the progress of construction of the Tenant Improvements. Tenant shall perform such installation in accordance with all guidelines promulgated by General Contractor and shall execute and require its contractors and subcontractors to execute such releases, indemnifications and other documents that General Contractor requires of its own subcontractors. Any and all costs of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice 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. 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) such items shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all be at Subtenant’s Tenant's sole cost and expense. Tenant shall also be given Early Access to the Premises for purposes of storing its furniture and personal property in portions of the Premises in which Tenant Improvements are substantially complete. General Contractor shall designate the areas in which such storage can occur to ensure that such storage will not interfere with the construction of the Tenant Improvements. Tenant hereby releases Landlord, General Contractor and all of their agents, employees, licensees, invitees and subcontractors from all liability for loss or damage to Tenant's personal property stored on the Premises prior to the Commencement Date. Tenaxx xxxees to maintain insurance on all said property and hereby assumes full risk of loss or damage to said personal property and herexx xxrees to defend, indemnify and hold Landlord, General Contractor, their agents, employees, licensees, invitees and subcontractors harmless from any claims, loss or liability related to said stored personal property.

Appears in 1 contract

Samples: Office Lease (Interlinq Software Corp)

Early Access. Subtenant and Subtenant’s representatives Tenant shall have the right to enter the Subleased Premises 15 days prior to the Commencement Date for the purpose of installing Tenant’s computer and telephone cabling, fixtures, furniture, and equipment provided that (a) such entry will not delay or hamper the completion of the Tenant Improvements, (b) Tenant and its vendors and contractors have obtained all governmentally required permits separate from and after the date of mutual execution and delivery of this Sublease any permits obtained by Landlord as to work to be performed by Landlord, if any, (the date upon which Subtenant first has such c) Landlord may revoke or restrict Tenant’s or its contractors’ early access to the Subleased Premises being referred if such access interferes with, hampers, or prevents completion of the Tenant Improvements at the earliest possible date, (d) Tenant’s access to herein the Premises shall be subject to all of the terms and provisions of the Lease, except as to the “Early Access Date”payment of Rent, (e) for any entry by Tenant in the Premises prior to the Commencement Date shall be at Tenant’s sole purposes of installation of Subtenantrisk and subject to Tenant coordination with Landlord’s personal project or property manager, and equipment, furniture, fixtures and voice and data cabling, (f) all work by Tenant’s contractors is subject to the terms, conditions administrative supervision of Landlord and requirements of its contractor. Landlord assumes no responsibility or liability for injury to persons or damage to property caused by the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All Tenant’s exercise of the rights and obligations of the parties under privileges granted in 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 Subleaseparagraph, and Subtenant’s indemnification obligations) Tenant shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contraryindemnify, if either (i) defends, and hold Landlord harmless from and against any loss, cost, damage, liability, or Master Sublandlord require that Subtenant vacate the Subleased Premises expense suffered 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed incurred by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered Landlord as a result of thereof. Tenant shall adopt a schedule for its work in conformance with Landlord’s schedule for the Tenant Improvements and shall conduct its work in such installation, all at Subtenanta manner as to maintain harmonious labor relations. All delays to the Tenant Improvements caused by Tenant’s sole cost and expenseearly access shall be deemed a Tenant Delay under this Lease.

Appears in 1 contract

Samples: Office Lease (Direct Insite Corp)

Early Access. Provided the same does not interfere with completion of the Tenant Improvements, as reasonably determined by Sublandlord, Subtenant and Subtenant’s representatives shall have may, up to twenty-eight (28) days prior to the right to Commencement Date, 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 being referred to herein as the “Early Access Date”) Sublet Portion for the sole purposes and exclusive purpose of installation of Subtenant’s personal property and equipment, installing its furniture, fixtures equipment and voice and data cablingother personal property. Notwithstanding the foregoing, all (i) such entry shall be subject to the termsterms and conditions of this Sublease, conditions and requirements of the Master Sublease; in no event will provided that Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation shall not be required to pay Base Rent and Rent, Expenses or the Subtenant TI Cost Reimbursement for any entry or possession during such period before the Commencement Date, except for the cost of utilities under Section 3.3, but expressly including without limitation, Subtenant’s obligation to carry services requested by Subtenant (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 foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or e.g. after hours HVAC service); (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply 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 xxxxxxx 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 requirement. Additionallyentry shall be at Subtenant’s risk and Sublandlord shall have no liability for any loss, if either party hereto terminates this Sublease pursuant damage or injury to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any Subtenant’s personal property, equipment, furniture, fixtures and/or voice employees or date cabling previously installed by Subtenant in agents which may be on or about the Subleased Premises and repair any portion of Sublet Portion during the Subleased Premises damaged or otherwise altered as a result period of such installationentry and, all at except for any injury to Subtenant’s sole cost and expenseemployees 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

Samples: Sublease (Zuora Inc)

Early Access. Subtenant From and Subtenantafter completion of Landlord’s representatives Work as specifically described on Exhibit D attached hereto, and continuing up and until the Commencement Date (the “Early Access Period”), Landlord shall have permit Tenant to enter into the Premises for the sole purpose of completing Landlord- approved work to fixture the Premises for Tenant’s business operations, which shall be performed at Tenant’s sole cost and expense and shall be subject to all applicable ordinances and building codes or other laws governing Tenant’s right to enter occupy or perform in the Subleased Premises from prior to the Commencement Date. Such entry into the Premises shall also be subject to the requirements that (1) prior to Tenant or any of the Tenant Parties obtaining access or entry to the Premises, Tenant must first satisfy the Access Conditions (as hereinafter defined), and after (2) Tenant and any and all Tenant Parties shall not disturb the date tenancies of mutual any tenants near the Premises or unreasonably interfere with the business operations of such tenants. Tenant agrees that any such entry onto the Premises during the Early Access Period shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease (except as to the covenant to pay Rent). Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant’s sole risk and expense. Any such access or performance in the Premises prior to the Commencement Date shall also be subject to (A) Tenant first providing to Landlord the Certificates of Insurance required under this Lease and (B) Tenant’s payment to Landlord of any amounts (e.g., the Security Deposit required under this Lease) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Sublease Lease (the date upon which Subtenant first has such access to the Subleased Premises being conditions described in clauses (A) and (B) are collectively referred to herein as the “Early Access DateConditions) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, ). Tenant shall place 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 utilities into their name prior to the Effective Date. All commencement 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expensePeriod.

Appears in 1 contract

Samples: NANOPHASE TECHNOLOGIES Corp

Early Access. Subtenant Tenant shall be permitted to enter the Premises prior to the Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s cabling, security system, furniture, fixtures and Subtenantequipment; provided, however, that Tenant’s representatives entry into the Premises during the Early Access Period shall be subject to and conditioned upon Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures and equipment shall be subject to all of the terms and conditions of this Lease. Tenant will not be obligated to pay rent during the Early Access Period. In no event shall Tenant or Tenant’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the nature of such interference, Landlord shall have the right to enter terminate Tenant’s early access. Other than with respect to the Subleased Premises gross negligence of Landlord or Landlord’s agents, Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and after the date against any and all claims of mutual execution and delivery loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements early access. Landlord makes no representation or warranty about safety of the Master Sublease; in no event will Subtenant perform work which requires the procurement Premises during any period of a early access, as construction permit prior to the Effective Date. 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseactivities may be ongoing.

Appears in 1 contract

Samples: Office Lease (Zogenix, Inc.)

Early Access. Subtenant Subject to the terms and Subtenant’s representatives shall have the right to conditions of this Section 3.5, Tenant may enter the Subleased Premises from and after the date Delivery Date solely for the purpose of mutual execution performing Tenant’s Work (as defined in Rider 1). Tenant’s early access pursuant to this Section 3.5 shall not trigger the Commencement Date unless Tenant commences operation of Tenant’s business in the Premises. Tenant agrees (a) any such early entry by Tenant shall be at Tenant’s sole risk, (b) Tenant shall not unreasonably interfere with Landlord or other Occupants in the Project, (c) Tenant shall comply with and delivery be bound by all provisions of this Sublease (Lease during the date upon which Subtenant first has period of any such access to the Subleased Premises being referred to herein as the “Early Access Date”) early entry except for the sole purposes payment of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice 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. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and Tenant’s Share of Operating Expenses and Tax Expenses, (d) prior to entry upon the cost of utilities under Premises by Tenant and subject to Section 3.310, but expressly including without limitation, Subtenant’s obligation Tenant agrees to carry (pay for and provide evidence of) to Landlord certificates evidencing the existence and amounts of liability insurance pursuant to the Master Subleasecarried by Tenant, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 which coverage must comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 abovethis Lease relating to insurance, Subtenant and (e) Tenant shall, and shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant cause Tenant’s Construction Agents (as defined in the Subleased Premises Work Letter) to, comply with the Work Letter and repair any portion of all Laws required to perform its work during the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseearly entry on the Premises.

Appears in 1 contract

Samples: Office Lease (EverCommerce Inc.)

Early Access. Subtenant So long as Landlord has received from Tenant certificates and Subtenantendorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended Lease, and so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to permit Tenant and Tenant’s 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 designated contractors access to the Subleased New Premises being referred approximately three (3) weeks prior to herein as the New Premises Commencement Date (the “Early Access DatePeriod”) for the sole purposes of installation of Subtenantinstalling Tenant’s personal property and equipment, furniture, fixtures and voice 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. 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 Subleasefixtures, and Subtenantequipment (“Tenant’s indemnification obligations) Work”). Tenant’s Work shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed be performed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all Tenant at SubtenantTenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended Lease, except that Tenant shall not be obligated to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. Xxxxxx agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such denial.

Appears in 1 contract

Samples: Office Lease (XOMA Corp)

Early Access. Subtenant So long as Landlord has received from Tenant the first month’s Monthly Base Rent and Subtenant’s representatives shall have the right Additional Rent, if any, due pursuant to enter the Subleased Premises from and after the date of mutual execution and delivery Section 5.1 of this Sublease (Lease, certificates satisfactory to Landlord evidencing the date upon which Subtenant first has such insurance required to be carried by Tenant under this Lease, and the Security Deposit, and so long as Tenant and its contractors and employees do not interfere with the completion of the Landlord Improvements, Landlord shall give Tenant and Tenant’s designated contractors access to the Subleased Premises being referred to herein as upon mutual execution of this Lease (the “Early Access DatePeriod”) for the sole purposes of installation of Subtenantinstalling Tenant’s personal property and equipment, furniture, fixtures and voice 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. 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 Subleasefixtures, and Subtenantequipment (“Tenant’s indemnification obligationsWork”) and constructing the Tenant Improvements. Tenant’s Work shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed be performed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all Tenant at SubtenantTenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease, except that Tenant shall not be obligated to pay Rent during the Early Access Period until the Commencement Date. Landlord and Xxxxxx agree to cooperate with the other party during the period of any such early access so as not to interfere with such party’s completion of the Landlord Improvements or the Tenant Improvements, as the case may be.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Early Access. Subtenant and Subtenant’s representatives Commencing fifteen (15) days prior to Substantial Completion of the Expansion Premises, Tenant 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 Expansion Premises being referred to herein as the “Early Access Date”) solely for the sole purposes of installation of Subtenantinstalling Tenant’s personal property and equipment, furniture, fixtures and voice equipment in preparation for Tenant’s occupancy of the Expansion Premises. In connection Tenant’s access to the Expansion Premises pursuant to this Section 2.2D Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of the Lease or which shall interfere with or delay the performance of the Tenant Improvements (as defined in Exhibit “B”) and data cabling(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, all 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 terms, conditions and requirements applicable provisions of the Master Sublease; in Lease, except that (a) there shall be no event will Subtenant perform work which requires obligation on the procurement part of a construction permit Tenant solely because of such access to pay Minimum Rent or any additional rent on account of Operating Expenses or Taxes for the Expansion Premises prior to the Effective Expansion Premises Commencement Date. All , and (b) Tenant shall not be deemed thereby to have taken or accepted possession 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 foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Expansion Premises or (ii) cease any portion thereof. If Tenant fails or refuses to comply or cause its installations until the Effective Date has occurred, Subtenant shall promptly contractor to comply with any such requirement. Additionallyof the obligations described or referred to above following notice and a two (2) business day cure period, if either party hereto terminates this Sublease pursuant then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the provisions of Section 2.1 above, Subtenant shall promptly remove from Expansion Premises until the Subleased Expansion Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseCommencement Date.

Appears in 1 contract

Samples: Lease (Antares Pharma, Inc.)

Early Access. Subtenant Subject to the terms herein and Subtenant’s representatives Tenant's compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased New Premises being referred to herein as the (“Early Access DateAccess”) for during completion of the sole purposes of Leasehold Improvements to coordinate installation of Subtenant’s personal property Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’ s Early Access does not interfere with, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements or delay completion of the Master Sublease; in no event will Subtenant perform work which requires Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the procurement of a construction permit prior Lease. Tenant shall be fully responsible for all costs related to the Effective DateEarly Access. All insurance, waiver, indemnity, and alteration provisions of the rights Lease shall be in full force and obligations effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the parties under this Sublease (other than Subtenant’s obligation Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landxxxx'x xnstructions and directions so that Tenaxx’ x early entry does not interfere with or delay any work to pay Base Rent and the cost of utilities under Section 3.3be performed by Landxxxx. Xxy delay resulting from Early Access, but expressly including without limitationlimitation due to a Tenant vendor’ s work delaying Landlord's ability to obtain its permits, 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as be deemed a result of such installation, all at Subtenant’s sole cost and expenseTenant Delay.

Appears in 1 contract

Samples: Confirmation of Lease (Paratek Pharmaceuticals, Inc.)

Early Access. Subtenant Provided that (a) any such access does not interfere in any way with any other tenant or subtenant in the Building and Subtenant’s representatives (b) Sublessee shall obtain Landlord's prior written consent to such installation, Sublessee 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 common area of the Building to which Sublessor has the right of access under the Master Lease, commencing upon the execution of this Sublease, for the purpose of installing wiring, cabling and related connection necessary to provide T-1 telecommunication capability to the Premises. Provided that (i) no other tenant is in possession of the Premises being referred and (ii) Sublessee has delivered to herein as Sublessor evidence that it has obtained the “Early Required Insurance, Sublessee shall have access to the Premises approximately 10 days prior to the Commencement Date (the "FF & E Access Date") for the sole purposes purpose of installation furniture systems and telecommunication equipment installation. Such access shall not be deemed to be taking or accepting possession of Subtenant’s personal property 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 work performed in the Premises by or on behalf of Sublessee (but excluding work performed by Sublessor or Sublessor's Contractors). Sublessor is not responsible for the function and maintenance of Sublessee's improvements which are different than Sublessor's standard improvements at the Premises or improvements, equipment, furniture, cabinets or fixtures not installed by Sublessor. Such entry by Sublessee and voice and data cabling, Sublessee's Contractors pursuant to this Section shall be deemed to be under all subject to of the terms, covenants, provisions and conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires Sublease except the procurement of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation covenant 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseRent.

Appears in 1 contract

Samples: Sublease Agreement (Centra Software Inc)

Early Access. Subtenant Notwithstanding the foregoing, if Tenant, with Landlord's prior written approval, takes possession of the Premises prior to the Commencement Date for the sole purpose of performing any Landlord approved improvements therein or installing furniture, equipment or other personal property of Tenant, such possession shall be subject to all of the terms and Subtenant’s representatives conditions of this Lease, except that Tenant shall have not be required to pay Base Rental or Additional Base Rental with respect to the period of time prior to the Commencement Date during which Tenant performs such work. Nothing herein shall be construed as granting Tenant 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 being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements take occupancy of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit Premises prior to the Effective Commencement Date, whether for construction, fixturing or any other purpose, without the prior written consent of Landlord. All The Landlord shall deliver the Lobby/Branch Space or the Office Space, as the case may be, to Tenant at least 10 days prior to the Target Commencement Date, in a condition suitable for the installation of Tenant's fixtures, equipment and other related materials. The Tenant, at its expense, along with Tenant's contractors or agents shall be permitted to enter the rights and obligations of the parties under this Sublease (other than Subtenant’s space during said period with no obligation to pay Base Rent 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 foregoing to the contrary, if either (i) interference by Landlord or Master Sublandlord require that Subtenant vacate Landlord's contractor. Prior to Tenant taking possession, Landlord and Tenant shall inspect the Subleased Premises or (ii) cease its installations until in order to confirm the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion status of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLandlord Work.

Appears in 1 contract

Samples: Office Lease Agreement (Republic Bancshares Inc)

Early Access. Subtenant Subject to the terms herein and SubtenantTenant’s representatives compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased Premises being referred to herein as the (“Early Access DateAccess”) for during completion of the sole purposes of Leasehold Improvements to coordinate installation of SubtenantTenant’s personal property cabling and wiring and during the 30-day period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements or unreasonably delay completion of the Master Sublease; in no event will Subtenant perform work which requires Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the procurement of a construction permit prior Lease. Tenant shall be fully responsible for all costs related to the Effective DateEarly Access. All insurance, waiver, indemnity, and alteration provisions of the rights Lease shall be in full force and obligations effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the parties under this Sublease (other than SubtenantLeasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s obligation instructions and directions so that Tenant’s early entry does not interfere with or delay any work to pay Base Rent and the cost of utilities under Section 3.3be performed by Landlord. Any delay resulting from Early Access, but expressly including without limitationlimitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as be deemed a result of such installation, all at Subtenant’s sole cost and expenseTenant Delay.

Appears in 1 contract

Samples: Lease (Pennsylvania Real Estate Investment Trust)

Early Access. Subtenant and SubtenantSo long as such access does not interfere with Landlord’s representatives construction of the Landlord’s Work, Tenant shall have the right to enter access the Subleased Expansion 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 being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice 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. All completion of the rights Landlord’s Work for the purpose of installing its equipment, data, telecommunications systems and obligations trade fixtures (“Tenant’s Work”). Such access shall be subject to reasonable scheduling by Landlord. In connection with such access, Tenant agrees (a) to cease promptly upon notice from Landlord any Tenant’s Work which has not been approved by Landlord or is not in compliance with the provisions of the parties under this Sublease Lease or which shall interfere with or delay the performance of Landlord’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Landlord’s Work and the Tenant’s Work, each with the other than Subtenant’s and with any other activity or work in the Building. Such access shall be subject to all of the terms of the Lease except the obligation to pay Base Rent and until otherwise required by the cost terms of utilities under Section 3.3the Lease; provided, but expressly including without limitationhowever, 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 foregoing to the contrary, that if either (i) Landlord Tenant commences operation of its business in all 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Expansion Premises, the date on which Tenant commences operation of its business shall be deemed the Expansion Date and Tenant shall be obligated to pay Rent pursuant to the terms of this First Amendment. Without limiting the foregoing, prior to accessing the Expansion Premises, Tenant shall provide to Landlord, in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Work; (ii) the names and addresses of all contractors who or which will be entering the Expansion Premises damaged on behalf of Tenant to perform Tenant’s Work or otherwise altered will be supplying materials for such work, and the approximate number of individuals who will be present in the Expansion Premises; (iii) copies of all contracts pertaining to Tenant’s Work; (iv) copies of all plans and specifications pertaining to Tenant’s Work; (v) copies of all licenses and permits required in connection with the performance of Tenant’s Work; and (vi) certificates of insurance (in amounts reasonably satisfactory to Landlord and with the parties identified in, or required by, the Lease named as a result additional insureds). EXHIBIT B If Tenant fails or refuses to comply or cause its contractors to comply with any of such installationthe obligations described or referred to above, all then immediately upon notice to Tenant, Landlord may revoke Tenant’s right to access the Expansion Premises prior to the date of Substantial Completion of Landlord’s Work. Landlord shall assume no responsibility for the quality or completion of the Tenant’s Work under this Section, and shall not be responsible for equipment or supplies left or stored in the Expansion Premises by Tenant or Tenant’s contractors. Tenant’s access to the Expansion Premises pursuant to this Section shall be at Subtenant’s the sole cost and expense.risk of Tenant. EXHIBIT B EXHIBIT C The HVAC Xxxxx 0000 XXXXXXX XXXXX - XXXXX 000 170-02*CARRIER Year: 2006 4 Ton Model #: 50JS048601 Serial #: 4806G31153 170-03BDP Year: 1995 4 Ton Model #: 548CEX090000ADAA Serial #: 2495G30563 170-04RHEEM Year: 2004 4 Ton Model #: RJKAA048DM Serial #: 5578F350411999 170-05CARRIER Year: 2006 2.5 Ton Model #: 50JS030501 Serial #: 4906G21578 170-06CARRIER Year: 2005 2.5 Ton Model #: 50JS030501 Serial #: 3205G41393 170-07RHEEM Year: 2004 4 Ton Model #: RJKAA048DM Serial #: 5578F490405022 170-08*CARRIER Year: 2003 5 Ton Model #: 50JS060601 Serial #: 3803G41361 179-09*CARRIER Year: 2006 4 Ton Model #: 50JS048601 Serial #: 4806G31152 170-10*XXXXXX Year: 2008 4 Ton Model #: 604AEX048000AA Serial #: 1208G11837 170-11CARRIER Year: 2005 2 Ton Model #: 50JS024301 Serial #: 2305G12241 170-12BRYANT Year: 2008 4 Ton Model #: 604AEX048000AA Serial #: 1008G41116 170-14CARRIER Year: 1995 5 Ton Model #: 50HS060601AB Serial #: 2995G80170 170-15*CARRIER Year: 2006 3 Ton Model #: 50JS036501 Serial #: 4906G31063 170-16*CARRIER Year: 1995 5 Ton Model #: 50HS060601AB Serial #: 0495G10191 170-18CARRIER Year 1995 4 Ton Model #: 50HS048601AB Serial #: 0495G10155 *No Electrical, Plumbing or Duct Work Connected. 40034741v.7

Appears in 1 contract

Samples: Lease (Maxlinear Inc)

Early Access. Tenant agrees that the Sublease Premises will not be occupied during Landlord’s completion of the Sublease Improvements; provided, however, Tenant may, with Landlord’s written consent, permit Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Sublease Premises from and after the date of mutual execution and delivery of this Sublease (the date upon which Subtenant first has such access prior to the Subleased Premises being referred to herein as substantial completion of the “Early Access Date”) Sublease Improvements solely for the sole purposes of installation of Subtenant’s personal property installing its Personal Property and equipment, furnitureas long as such entry will not interfere with the orderly construction and completion of the Sublease Improvements. Tenant shall notify Landlord of the desired time(s) of entry and shall submit for Landlord’s approval the scope of the work to be performed and the name(s) of the contractor(s) who will perform such work. Landlord shall cooperate with Tenant to determine a time for such entry by Tenant or Subtenant and to reduce any potential for delay caused thereby. Tenant and Subtenant each hereby agree to indemnify and to protect, fixtures defend and voice and data cablinghold harmless Landlord, all subject Landlord’s property manager, any mortgagee, ground lessor or beneficiary of a deed of trust related to the terms, conditions and requirements of Sublease Premises or the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. 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 SubleaseBuilding, and Subtenantany officers, agents or employees of any thereof, from and against any claims, liabilities or causes of action (including claims for worker’s indemnification obligationscompensation) shall commence upon the Early Access Date. Subtenant shall coordinate of any nature whatsoever, together with reasonable attorneys’ fees for counsel reasonably approved by Landlord, arising out of or in connection with such entry with Sublandlord. Notwithstanding onto the foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or the installation of Tenant’s Personal Property or equipment (ii) cease its installations until the Effective Date has occurredincluding but not limited to claims of breach of warranty, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice injury or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseproperty damage).

Appears in 1 contract

Samples: Letter and Construction Agreement (JMP Group Inc.)

Early Access. Subtenant Tenant shall be permitted to enter the Premises prior to the Commencement Date (the "Early Access Period") for purposes of installing Tenant's cabling, security system, furniture, fixtures and Subtenant’s representatives equipment; provided, however, that Tenant's entry into the Premises during the Early Access Period shall be subject to and conditioned upon Tenant's coordination of such entry with Landlord and Landlord's general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures and equipment shall be subject to all of the terms and conditions of this Lease. Tenant will not be obligated to pay rent during the Early Access Period. In no event shall Tenant or Tenant's employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the nature of such interference, Landlord shall have the right to enter terminate Tenant's early access. Other than with respect to the Subleased Premises gross negligence of Landlord or Landlord's agents, Tenant hereby releases and discharges Landlord and Landlord's employees, agents, consultants, contractors and manager from and after the date against any and all claims of mutual execution and delivery loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements early access. Landlord makes no representation or warranty about safety of the Master Sublease; in no event will Subtenant perform work which requires the procurement Premises during any period of a early access, as construction permit prior to the Effective Date. 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseactivities may be ongoing.

Appears in 1 contract

Samples: Zogenix Inc

Early Access. Subtenant Subject to the terms herein and SubtenantTenant’s representatives compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased Demised Premises being referred to herein as the (“Early Access DateAccess”) for during the sole purposes period from the date hereof until the Commencement Date of installation of Subtenant’s personal property the Lease to install (i) telecommunications equipment, including without limitation, cabinets, electronic equipment, cabling, wiring, computers and equipmenttelephone systems and (ii) improvements, furniture, fixtures fixtures, equipment and voice other personal property; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or unreasonably delay completion of Landlord’s work (as set forth in Section 33 of the Lease) in the Demised Premises, and data cabling, all Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant's Early Access to the Demised ​ ​ ​ Premises shall be subject to the terms, conditions and requirements all of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All of the rights terms and obligations of the parties under this Sublease (other than Subtenant’s obligation Lease, including the insurance and indemnity provisions, except that Tenant shall not be required to pay Base Fixed Annual Rent, Fixed Monthly Rent or Additional Rent during Early Access. Tenant and the cost of utilities under Section 3.3, but expressly including without limitation, Subtenantits contractors shall coordinate all activities with Landlord in advance and shall comply with Landlord’s obligation to carry (instructions and provide evidence of) insurance pursuant to the Master Sublease, and Subtenantdirections so that Tenant’s indemnification obligations) shall commence upon the Early Access Datedoes not interfere with or delay any work to be performed by Landlord. Subtenant It is understood and agreed, that Tenant shall coordinate such entry with Sublandlord. Notwithstanding have no right to commence business operations (it being agreed the foregoing to above-described activities by Tenant do not constitute a commencement of business operations or occupancy of the contrary, if either (iDemised Premises) Landlord in 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Demised Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expense.prior to the Commencement Date. ​

Appears in 1 contract

Samples: Lease Agreement (Cogent Communications Holdings, Inc.)

Early Access. Subtenant Subject to the terms herein and SubtenantTenant’s representatives compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased Premises being referred to herein as the (“Early Access DateAccess”) for during completion of the sole purposes of Leasehold Improvements to coordinate installation of SubtenantTenant’s personal property cabling and wiring and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements or unreasonably delay completion of the Master Sublease; in no event will Subtenant perform work which requires Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the procurement of a construction permit prior Lease. Tenant shall be fully responsible for all costs related to the Effective DateEarly Access. All insurance, waiver, indemnity, and alteration provisions of the rights Lease shall be in full force and obligations effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the parties under this Sublease (other than SubtenantLeasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s obligation instructions and directions so that Tenant’s early entry does not interfere with or delay any work to pay Base Rent and the cost of utilities under Section 3.3be performed by Landlord. Any delay resulting from Early Access, but expressly including without limitationlimitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, 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 Datebe deemed a Tenant Delay. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expense.​ ​

Appears in 1 contract

Samples: Passage BIO, Inc.

Early Access. Subtenant and SubtenantSo long as Landlord has received from Tenant (i) the first month’s representatives shall have the right Base Rent due pursuant to enter the Subleased Premises from and after the date of mutual execution and delivery Section 3 of this Sublease Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing the date upon which Subtenant first has such insurance required to be carried by Tenant under this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access to the Subleased Premises being referred no less than fifteen (15) days prior to herein as the Lease Commencement Date (the “Early Access DatePeriod”) for the sole purposes of installation of Subtenantinstalling Tenant’s personal property and equipment, furniture, fixtures and voice 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. 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 Subleasefixtures, and Subtenantequipment (“Tenant’s indemnification obligations) Work”). Tenant’s Work shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed be performed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all Tenant at SubtenantTenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease, except that Tenant shall not be obligated to pay Rent during the Early Access Period until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of the Tenant Improvements in the Premises. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the Premises until the Tenant Improvements are substantially completed, in which event Tenant shall promptly surrender any keys or other means of access to the Premises and otherwise comply with such denial.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

Early Access. Subtenant and Subtenant’s representatives Tenant shall have the right to enter occupy the Subleased Premises from and after as of the date of mutual execution and delivery of this Sublease (Lease by Landlord and Tenant and the date upon which Subtenant first has such payment of the Security Deposit as required herein. Such early access to the Subleased Premises being referred to herein as the “Early Access Date”) by Tenant shall be solely for the sole purposes purpose of installation performing Tenant’s Work (defined below) in accordance with the terms of Subtenant’s personal property this Lease, provided however, no construction may begin in the Premises until the OLCC Contingency (defined below) has been satisfied, deemed waived or waived in writing by Tenant in the Premises and equipment, furniture, fixtures and voice and data cabling, all such early access shall be 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 following conditions: (i) prior to Tenant’s entry into the Effective Date. All of Premises, Tenant provides Landlord with proof that Tenant has the rights and obligations of the parties insurance that Tenant is required to maintain under this Sublease Lease, (other than Subtenantii) prior to Tenant’s entry into the Premises, Tenant provides Landlord with such evidence as reasonably required that Tenant has received all required governmental approvals to enter the Premises, (iii) prior to Tenant’s entry into the Premises, Tenant provides Landlord with contractor’s licenses, insurance and bonds for all contractors entering the Premises in connection with any work to be performed on by Tenant in the Premises, (iv) Tenant shall be responsible for paying all utilities and operating costs during such early access period and (v) all terms and conditions of this Lease shall be in full force and effect, except for Tenant’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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseRent.

Appears in 1 contract

Samples: Lease Agreement (Eastside Distilling, Inc.)

Early Access. Subtenant From the date which is three (3) Business Days following the Date of this Lease to May 30, 2019 (and Subtenant’s representatives provided Landlord shall have the right received a copy of each of Tenant’s certificates of insurance therefor pursuant to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease Subsection 4.4.2 hereof) (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access DatePeriod) ), Tenant and its contractors shall have access to the Premises for the sole purposes of installation planning and designing Tenant’s Work, provided that (i) Tenant shall not perform Tenant’s Work or any other alterations, additions or improvements during such period of Subtenantearly access and (ii) Tenant shall coordinate any such access with Landlord in advance. Commencing on June 1, 2019 (and provided Landlord shall have received a copy of each of Tenant’s personal property certificates of insurance therefor pursuant to Subsection 4.4.2 hereof), Tenant and equipmentits contractors shall have access to the Premises for the purposes of designing, and after Tenant’s Plans (as defined in Section 3.2) have been approved by Landlord, performing Tenant’s Work (as defined in Section 3.2), installing furniture, fixtures and voice telecommunications equipment and data cablingotherwise preparing the Premises for Tenant’s occupancy, and commencing on June 1, 2019, 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. All of the rights and obligations of the parties Tenant under this Sublease (other than Subtenant’s Lease shall apply as if the term of this Lease had commenced, except that Tenant shall have no obligation to pay Base Annual Fixed Rent or to pay Additional Rent for Taxes or 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 the cost of utilities under Section 3.35.7 shall apply, but expressly including without limitation, Subtenant’s obligation to carry (and Landlord shall provide evidence of) insurance pursuant Tenant with access to the Master Sublease, loading dock and Subtenant’s indemnification obligations) other common areas and facilities of the Building and shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing furnish electricity and water to the contraryPremises as required by this Lease, as if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Commencement Date has had occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expense.

Appears in 1 contract

Samples: Lease (Pc Tel Inc)

Early Access. Subtenant Prior to the Substantial Completion of the Initial ------------ Improvements (or the Expansion Improvements, if applicable), and Subtenant’s representatives provided that the Township or other governmental authority having jurisdiction does not prohibit the same, Landlord 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 provide Tenant with early access to the Subleased Premises being referred Initial Improvements (or the Expansion Improvements, if applicable), including, without limitation, access to herein as and the “Early Access Date”) use of loading docks, elevators, construction hoists, electrical service and the like, for the sole purposes of installation allowing separate contractors engaged by Tenant to install or construct therein (to the extent then completed) such items for which Landlord and Contractor are not responsible hereunder (together, "Tenant Work"); provided, however, that no Tenant Work may be performed without the prior written consent of Subtenant’s personal property Landlord, which consent may be conditioned on the submission of plans, specifications, acceptable arrangements for security and equipmentother safety precautions, furnitureand other details regarding the proposed Tenant Work, fixtures and voice other reasonable arrangements in connection with scheduling, but shall not be otherwise unreasonably withheld or delayed. Further, any and data cabling, all Tenant Work shall be prosecuted and shall in all instances be subject to the conditions and covenants pertaining to New Work (as such term is defined in Section 17.1 hereof) which are set forth in Section 17.1 hereof. The terms, provisions and conditions of Section 2.5(b)(i) hereof and requirements all other terms, provisions and conditions of this Lease pertaining to Tenant Extensions shall apply in connection with Tenant's exercise of its rights of early access under this Section 2.10 and any 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 Master Sublease; Initial Improvements) shall give written notice to Tenant of such interference as provided in no 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 Subtenant perform 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 requires Tenant shall be permitted to undertake, without interference from the procurement of a construction permit Contractor (or Landlord, as aforesaid), not less than thirty (30) days prior to the Effective Delivery Date (or Expansion Delivery Date). All of the rights and obligations of the parties under Anything in 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 2.10 to the Master Subleasecontrary notwithstanding, and Subtenant’s indemnification obligations) Tenant shall not commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding conduct of any business from the foregoing Initial Improvements prior to the contraryDelivery Date, if either (i) Landlord or Master Sublandlord require that Subtenant vacate from the Subleased Premises or (ii) cease its installations Expansion Improvements until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseExpansion Delivery Date.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Real Estate Investment Trust Inc)

Early Access. Subtenant From and Subtenant’s representatives shall have after March 8, 2019, or such later time as Landlord determines that the right Landlord Work has sufficiently progressed to the point where permitting Tenant to enter the Subleased Premises from will not adversely affect the timely completion of the remaining elements of the Landlord Work, in accordance with 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 being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, terms and conditions and requirements of Section 5.1 of the Master SubleaseWork Letter, Landlord shall permit Tenant to enter the Premises for the limited purpose of installing Tenant's telecommunication, electronic, phone and data cabling and related equipment installed by or for the exclusive benefit of Tenant and located in the Premises or in the walls or above the finished ceiling of the Premises ("Cabling Work"). Any such early entry shall be at Tenant's sole risk and expense, and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entry, notwithstanding that the Commencement Date may not yet have occurred, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises; in no event provided, however, Tenant will Subtenant perform work which requires not be obligated to pay Base Rent, Tenant's Pro Rata Share of the procurement Tax Excess, or Tenant's Pro Rata Share of a construction permit the Expense Excess prior to the Effective Commencement Date. All Without limitation, all of such work performed by Tenant in the Premises shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work by Tenant damage the Building or the Premises or interfere with the timely performance and completion of the rights Landlord Work. Such early access shall be on all the terms and obligations conditions 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Lease Agreement (Trillium Therapeutics Inc.)

AutoNDA by SimpleDocs

Early Access. Subtenant Subject to the terms and Subtenant’s representatives shall restrictions of Section 2, Tenant may 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 early access to the Subleased Premises being referred to herein as the “Early Access Date”Expansion Space two (2) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice 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 weeks prior to the Effective Dateanticipated Expansion Date solely for the purpose of installing furniture, fixtures, cabling and wiring, telephones and special improvements approved by Landlord. 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 If Tenant desires access 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 foregoing Expansion prior to the contraryExpansion Date, if either Tenant shall, within thirty (30) days prior to the anticipated Expansion Date, provide Landlord with a reasonably detailed request including the purpose and amount of time required for each item to be installed. Landlord shall use reasonable efforts (i) to schedule such early access by Tenant in conjunction with other construction activities, to the extent Landlord believes such access will not materially interfere with or Master Sublandlord require that Subtenant vacate cause any material delays in, construction in the Subleased Premises or Expansion Space and (ii) cease its installations to keep Tenant reasonably informed of any changes in the timing or extent of such early access. Prior to any such early access, Tenant must provide the certificate(s) evidencing the insurance required under the Lease. In the course of any access before the Expansion Date, Tenant (A) will not obstruct or interfere with the construction, and will be responsible for any delays if it does, (B) shall be subject to Landlord’s reasonable administrative control and supervision and (C) shall comply with all of the provisions and covenants contained in the Lease and this Fourth Amendment, except that Tenant shall not be obligated to pay Rent with respect to the Expansion Space until the Effective Date has occurred, Subtenant shall promptly comply with any such requirementExpansion Date. Additionally, if either party hereto terminates this Sublease pursuant If Tenant’s access to the provisions of Section 2.1 above, Subtenant shall promptly remove from Expansion Space is solely for the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant purposes stated herein and not to conduct its business in the Subleased Premises and repair Expansion Space, then such access shall not serve to accelerate the Expansion Date. Neither Tenant’s failure to exercise its right of early access for any portion of reason nor limitations or restrictions by Landlord on early access for any reason whatsoever shall delay the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseExpansion Date.

Appears in 1 contract

Samples: Office Lease Agreement (GoodRx Holdings, Inc.)

Early Access. Subtenant Subject to the terms herein and Subtenant’s representatives Tenant's compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased New Premises being referred to herein as the (“Early Access DateAccess”) for during completion of the sole purposes of Leasehold Improvements to coordinate installation of Subtenant’s personal property Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’ s Early Access does not interfere with, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements or delay completion of the Master Sublease; in no event will Subtenant perform work which requires Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the procurement of a construction permit prior Lease. Tenant shall be fully responsible for all costs related to the Effective DateEarly Access. All insurance, waiver, indemnity, and alteration provisions of the rights Lease shall be in full force and obligations effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the parties under this Sublease (other than Subtenant’s obligation Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord's instructions and directions so that Tenant’ s early entry does not interfere with or delay any work to pay Base Rent and the cost of utilities under Section 3.3be performed by Landlord. Any delay resulting from Early Access, but expressly including without limitationlimitation due to a Tenant vendor’ s work delaying Landlord's ability to obtain its permits, 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as be deemed a result of such installation, all at Subtenant’s sole cost and expenseTenant Delay.

Appears in 1 contract

Samples: Lease (Paratek Pharmaceuticals, Inc.)

Early Access. Subtenant Following twenty-four (24) hours’ notice to Landlord and Subtenant’s representatives upon receipt of written approval by Landlord (which shall have the right not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease approximately thirty (the date upon which Subtenant first has such access 30) days prior to the Subleased Premises being referred to herein as the Commencement Date (“Early Access DatePeriod”) for the sole purposes purpose of installation of Subtenantinstalling, at Tenant’s personal property sole cost and equipmentexpense, its furniture, fixtures fixtures, equipment and voice and data cablingcabling in the Premises; provided, all subject to the termshowever, conditions and requirements of the Master Sublease; that in no event will Subtenant perform work which requires shall such early access, regardless of when provided, extend or otherwise affect the procurement of Commencement Date. Any such entry shall be in a construction permit manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Effective DateCommencement 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. All 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 rights and obligations provisions of this Lease except as expressly set forth in this Section 41.2. During the parties under this Sublease (other than Subtenant’s Early Access Period, Tenant shall have no obligation to pay Base Basic Rent or electricity costs (provided Tenant’s electricity usage during such Early Access Period is not excessive). Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Except to the extent arising from the gross negligence or willful misconduct of utilities under Section 3.3Landlord, 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 entry (including, but expressly including without limitationnot limited to, Subtenantclaims for breach of warranty, personal injury or property damage). Landlord shall have the right, in Landlord’s obligation sole and absolute discretion, to carry (settle, compromise, or otherwise dispose of any and provide evidence of) insurance pursuant to the Master Subleaseall suits, claims, and Subtenant’s indemnification obligations) shall commence upon actions against any of the Early Access Dateindemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Subtenant Tenant shall coordinate such entry with Sublandlord. Notwithstanding 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 conditions of this Lease and the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises Rules and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseRegulations attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Anaptysbio, Inc)

Early Access. Subtenant Following not less than twenty-four (24) hours notice to Landlord and Subtenantupon 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 no less than seven (7) days prior to the Delivery Date for the sole purpose of installing, at Tenant’s representatives sole cost and expense, its furniture, data and telecommunications wiring and equipment in the Premises. 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 Delivery 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 (other than the obligation to pay Basic Rent). Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing 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, for or on behalf of Tenant during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the right right, in Landlord’s sole and absolute discretion, to enter the Subleased Premises from settle, compromise, or otherwise dispose of any and after the date of mutual execution all suits, claims, and delivery of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements actions against any of the Master Sublease; indemnified parties arising out of or in no event will Subtenant perform connection with the work which requires the procurement of a construction permit prior to the Effective Dateperformed by Tenant during any early entry. 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 Tenant shall coordinate such entry with Sublandlord. Notwithstanding Landlord's building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises Rules and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseRegulations attached hereto.

Appears in 1 contract

Samples: Office Building Lease (Signal Genetics, Inc.)

Early Access. Subtenant and SubtenantSubject to Tenant’s representatives adherence to any scheduling protocols required by Landlord, Tenant shall have the right to enter the Subleased Premises from following the later to occur of (a) June 1, 2015 and after the date of mutual (b) Landlord’s (i) execution and delivery of this Sublease Lease, (ii) receipt of the installment of Base Rent for Lease Month 7 of the Term and the first monthly installment of Additional Rent for Expenses and Taxes, (iii) receipt of the Security Deposit, the Landlord’s receipt of which is hereby acknowledged, and (iv) receipt of the insurance required in connection therewith pursuant to Article 14 of this Lease) to install Tenant’s furniture and equipment and perform the Tenant’s Work. During the period commencing on the date upon which Subtenant first has such access to that Tenant enters onto the Subleased Premises being referred to herein as in accordance with the prior sentence until the Commencement Date (the “Early Access DatePeriod) for the sole purposes ), Tenant shall comply with all terms and provisions of installation of Subtenant’s personal property and equipmentthis Lease (including, furniture, fixtures and voice 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. 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 Article 13 and Article 14 of this Lease), except those provisions requiring the payment of Base Rent or Additional Rent for the Premises (and provide evidence of) insurance pursuant to the Master Subleaseexcept as otherwise set forth hereinabove), and Subtenant’s indemnification obligations) except that Tenant shall commence upon be responsible for the payment of all utilities consumed by Tenant in and for the Premises during such Early Access DatePeriod. Subtenant Tenant expressly agrees that neither it nor any of its agents, contractors, workmen, mechanics, suppliers or invitees shall coordinate enter the Premises unless and until each of them shall furnish such entry with Sublandlord. Notwithstanding the foregoing assurances to the contraryLandlord, if either (i) including, but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseclaims.

Appears in 1 contract

Samples: Lease Agreement (Cogentix Medical Inc /De/)

Early Access. Subtenant and Subtenant’s representatives Subject to the following provisions of this Section 3.3, Tenant 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 being referred to herein as the “Early Access Date”) Effective Date solely for the sole purposes of installation of Subtenantinstalling Tenant’s personal property and computer systems, telephone equipment, cabling, furniture, fixtures and voice special equipments (but not to operate Tenant’s business), and data cabling, all subject to such early entry for such purposes shall not constitute occupancy for operation of Tenant’s business and shall not trigger 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 Lease Commencement Date. All Tenant agrees (a) any such early entry by Tenant shall be at Tenant’s sole risk, (b) Tenant shall not unreasonably interfere with Landlord or other tenants in the Building or the Building Park, (c) Tenant shall comply with and be bound by all provisions of this Lease during the rights and obligations period of any such early entry except for the parties under this Sublease (other than Subtenant’s obligation to pay payment of Base Rent and Tenant’s Pro Rata Share of Operating Expenses, (d) prior to entry upon the cost Premises by Tenant and subject to Section 13.4, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of utilities under Section 3.3liability insurance carried by Tenant, but expressly including which coverage must comply with the provisions of this Lease relating to insurance, (e) Tenant and its agents and contractors agree to comply with all Laws (as defined below) required to perform its work during the early entry on the Premises, and (f) Tenant agrees to indemnify, protect, defend (with counsel selected by Landlord) and save the Indemnitees (as defined below) and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, Subtenant’s obligation to carry attorneys’ fees and legal costs) (and provide evidence ofcollectively, “Claims”) insurance pursuant arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors, except to the Master Sublease, and Subtenantextent such Claims arise out Landlord’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, if either (i) Landlord gross negligence 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expensewillful misconduct.

Appears in 1 contract

Samples: Lease Agreement (Smart Move, Inc.)

Early Access. Subtenant and Subtenant’s representatives Landlord shall have deliver the right Expansion Premises to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease Tenant with its current improvements on or before December 1, 2010 (the date upon which Subtenant first has such “Delivery Date”). As of the Delivery Date, Landlord represents and warrants that all base Building electrical, mechanical and life safety systems will be in good working order and in compliance with all Applicable Laws including, without limitation, the Americans with Disabilities Act of 1990 and NFPA 101, “Code for Safety to Life” and Landlord covenants to make any improvements to the Building necessary in order to ensure the Building is in compliance with all Applicable Laws. From the Delivery Date through the Expansion Premises Commencement Date (the “Early Occupancy Period”) Tenant shall be given access to the Subleased Expansion Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant(a) performing space planning, (b) developing design drawings and (c) completing the Tenant Work (as defined below) and installing Tenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all equipment. Access to the Expansion Premises during the Early Occupancy Period for such purposes shall be subject to the terms, all terms and 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. All of the rights and obligations of the parties under this Sublease (other than SubtenantLease, including without limitation Tenant’s obligation to pay Base Rent maintain insurance for the Expansion Premises in accordance with and as required by Article 9 of the cost Lease. Tenant shall not be liable for any charges or expenses in connection with Tenant’s occupancy of utilities under Section 3.3the Expansion Premises (including, but expressly including without limitation, Subtenant’s obligation to carry (charges for electric, elevator use, loading dock access, parking, water and provide evidence ofsewer) insurance pursuant to the Master Sublease, and Subtenant’s indemnification obligations) shall commence upon during the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseOccupancy Period.

Appears in 1 contract

Samples: Lease (Ikaria, Inc.)

Early Access. Subtenant and Subtenant’s representatives Tenant shall have be permitted access (“Early Access”) to at least fifteen percent (15%) of the right to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease before July 1, 2017 (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”), as such date may be extended as a result of any Force Majeure Delays or Tenant Delays (provided, that, except for Force Majeure attributable to a regional-wide catastrophic event, the aggregate of all Force Majeure Delays shall not be in excess of thirty (30) days), for the sole purposes purpose of installation of Subtenant’s personal property and equipment, its furniture, fixtures and voice equipment, inventory relocation and data cablingtesting of equipment (“Tenant’s Work”). The Tenant’s Work shall not include the Tenant Improvements. Prior to beginning Tenant’s Work, all subject Tenant shall submit to Landlord: (i) such information as may be reasonably requested by Landlord regarding the nature and location of the Tenant’s Work; and (ii) the names of the separate contractors who will provide and install Tenant’s Work (the “Tenant’s Contractors”). Tenant shall not commence actual construction within the Premises until Tenant and Tenant’s Contractors have submitted to Landlord the insurance required by Landlord. All Tenant’s Work shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used. The Tenant’s Work performed by Tenant’s Contractors shall be allowed only (a) to the termsextent permitted by the applicable Governmental Authorities, conditions including, but not limited to, the issuance of a temporary certificate of occupancy authorizing Tenant to do so if required by the City, provided that the issuance of such certificate by the Early Access Date shall not be the obligation of Landlord, (b) comply with the reasonable and non-discretionary safety requirements of the Master Sublease; General Contractor, (c) comply with all Legal Requirements, and (d) comply with the requirements of Article XII hereof. Tenant shall permit Landlord to observe all construction operations within the Premises. No silence or statement by Landlord or any Landlord representative shall be deemed or construed as an assumption by Landlord or any Landlord representative of any responsibility for or in no event will Subtenant perform work which requires relation to the procurement 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 construction permit prior 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 Effective Dateextent incurred by or asserted against Landlord or the Premises as a result of any of early entries pursuant to this Section 4.7. All Tenant’s early use and occupancy of the rights Land shall also be subject to all the terms and obligations conditions of this Lease, other than the obligation of Tenant to pay Rent. Tenant, at its sole cost and expense, shall file all necessary plans with the appropriate governmental authorities having jurisdiction over Tenant’s Work. Tenant shall be responsible for obtaining all permits, authorizations and approvals necessary to perform and complete Tenant’s Work. Tenant shall not commence Tenant’s Work until the required permits authorizations and approvals for the performance and completion of Tenant’s Work are obtained and delivered to Landlord. Tenant and Tenant’s Contractors shall coordinate access and Tenant’s Work with Landlord in order to prevent any delay or disruption in the on-time completion of the parties under this Sublease (other than SubtenantLandlord’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 construction obligations pursuant to the Master Subleaseterms 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, and Subtenant’s indemnification obligations) shall commence upon contractors or workmen. Landlord reserves the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding right to do clean-up at the foregoing expense of Tenant if Tenant fails to the contrary, 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 requirementLandlord’s reasonable cleanup requirements. AdditionallyAt the completion of Tenant’s Work, if either party hereto terminates this Sublease pursuant 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged 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 altered in accordance with the requirements set forth in Article IX of this Lease. Prior to the commencement of any construction activity on the Premises, certificates evidencing such insurance required herein shall be delivered to Landlord. Such policies shall be renewed and new certificates shall be deposited with Landlord at least thirty (30) days prior to the expiration of the existing policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord and shall name Landlord as an additional insured and loss payee as its interests may appear and shall provide that they may not be terminated or materially modified without thirty (30) 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 to be a result waiver by Landlord of such installationany requirement herein, and Tenant shall remain under continuing obligation to maintain and cause Tenant’s Contractors to maintain the specified insurance coverage. Any and all at Subtenantdeductibles on referenced insurance coverages shall be borne by Tenant and, if applicable, Tenant’s sole cost Contractors. Tenant expressly understands and expenseagrees that any insurance maintained by Landlord shall apply in excess of and not contribute with insurance provided by Tenant or Tenant’s Contractors.

Appears in 1 contract

Samples: Lease (5.11 Abr Corp.)

Early Access. Notwithstanding the foregoing, Sublandlord shall provide Subtenant and Subtenant’s representatives shall have with early access to the right to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease Landlord Consent Date though the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access DatePeriod) ). During the Early Access Period, Subtenant may use the Premises for the sole purposes of installation of Subtenant’s personal property and equipmentestablishing telecommunications connectivity, installing furniture, fixtures and voice equipment, and data cablingotherwise preparing the Premises for Subtenant’s use and occupancy. During the Early Access Period, all subject Subtenant shall not unreasonably interfere with any work being performed within the Building by Sublandlord pursuant to the terms, conditions and requirements terms of the Master this Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All provisions of the rights and obligations of the parties under this Sublease (other than Subtenant’s shall apply during the Early Access Period, except that Tenant shall have no obligation to pay Base Rent and or Direct Expense Share (defined below) until 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 Commencement Date. During the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurredPeriod, Subtenant shall promptly comply with any such requirementpay the costs for utilities to the Premises, which shall be paid by Subtenant directly to the respective utility providers. AdditionallyNotwithstanding anything to the contrary herein, if either party hereto terminates Subtenant commences business operations in the Premises during the Early Access Period (as opposed to using the Early Access Period to prepare the Premises for Subtenant’s use and occupancy), the Commencement Date shall occur and all of the terms and conditions of this Sublease pursuant shall apply including the obligation to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, pay all at Subtenant’s sole cost and expenseRent.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Early Access. Subtenant Subject to the terms herein and SubtenantTenant’s representatives compliance with all applicable Laws, Tenant 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 reasonable access to the Subleased Substitution Premises being referred to herein as the (“Early Access DateAccess”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice 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. 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 foregoing to the contrary, if either during: (i) Landlord or Master Sublandlord require that Subtenant vacate completion of the Subleased Substitution Premises or Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring; and (ii) cease the 2-week period prior to Substantial Completion to coordinate installation of Tenant’s Equipment; provided in any such case Tenant’s Early Access does not interfere with, or delay completion of the Substitution Premises Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its installations until the Effective Date has occurredphone/data, Subtenant shall promptly security, and other vendors comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant all applicable Laws and pull their permits and perform their work in conjunction with the Substitution Premises Leasehold Improvements so as not to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion delay completion of the Subleased Substitution Premises damaged Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or otherwise altered as delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a result of such installationTenant vendor’s work delaying Landlord’s ability to obtain its permits, all at Subtenant’s sole cost and expenseshall be deemed a Tenant Delay.

Appears in 1 contract

Samples: Lease (Marinus Pharmaceuticals Inc)

Early Access. Subtenant So long as Landlord has received from Tenant certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended Lease, and Subtenant’s representatives so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall have the right to enter the Subleased Premises from give Tenant and after the date of mutual execution and delivery of this Sublease (the date upon which Subtenant first has such its designated contractors access to the Subleased New Premises being referred at least two (2) weeks prior to herein as the estimated New Premises Commencement Date (the “Early Access DatePeriod”) for the sole purposes of installation of Subtenantinstalling Tenant’s personal property and equipmentcabling, furniture, fixtures and voice 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. 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 Subleasefixtures, and Subtenantequipment (“Tenant’s indemnification obligations) Work”). Tenant’s Work shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed be performed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all Tenant at SubtenantTenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended Lease, except that Tenant shall not be obligated to pay Rent during the Early Access Period until the New Premises Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of any the Tenant Improvements in the New Premises pursuant to the Work Letter. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly comply surrender any keys or other means of access to the New Premises and otherwise comply with such denial.

Appears in 1 contract

Samples: Lease (Adamas Pharmaceuticals Inc)

Early Access. Subtenant and Subtenant’s representatives shall have After the right to enter the Subleased Premises from and after the date of mutual full execution and delivery of this Sublease (Sublease, the date upon which Subtenant first has such Sublessee shall be permitted to have reasonable access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation taking measurements and for the preparation of Subtenant’s personal property and equipmentconstruction and/or as-built drawings, furniture, fixtures and voice and data cabling, all subject but the Sublessee shall not be permitted to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a do or cause any construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost Sublessee shall not be permitted to move or cause to be moved any 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 foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate its property into the Subleased Premises or (ii) cease its installations until the Effective Date has occurredCommencement Date, Subtenant shall promptly comply with any except for minor tools and equipment necessary in the preparation of the construction and/or as-built drawings, provided that such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from property is upon the Subleased Premises any personal propertyat the sole risk of the Sublessee and the Sublessor shall have no liability with respect to damage or loss thereof. Prior to such entry, equipmentthe Sublessee shall provide to the Sublessor a certificate of insurance to evidence that the liability insurance required by this Sublease is in effect, furniturethe remaining insurance to be in effect on or before the Commencement Date. It is understood, fixtures and/or voice or date cabling previously installed by Subtenant in however, that the Sublessee shall not be given keys to the Subleased Premises and repair until the Commencement Date. The Sublessee shall not interfere with the Sublessor’s activities upon the Subleased Premises. The Sublessor shall not have any portion of liability to the Sublessee in connection with such access, the Sublessor shall not be liable for any injury to persons entering the Subleased Premises damaged by, through or otherwise altered as a result of under the Sublessee or property brought by said persons, and the Sublessee shall indemnify and hold harmless the Sublessor with respect to any such installation, all at Subtenant’s sole cost and expenseliability.

Appears in 1 contract

Samples: Deed of Lease Agreement (American Bank Note Holographics Inc)

Early Access. Subtenant Commencing approximately three (3) weeks prior to the date on which Landlord’s Work is expected to be substantially complete (and Subtenant’s representatives provided Tenant shall have delivered to Landlord the right to enter the Subleased Premises from evidence of insurance required by Section 4.4.), Tenant and after the date of mutual execution and delivery of this Sublease (the date upon which Subtenant first has such its contractors shall have access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property installing telephone and equipment, furniture, fixtures and voice and data computer cabling, all subject furniture and business equipment to the termsextent such work shall not delay or interfere with the performance of Landlord’s Work. In connection with such access, 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. 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 foregoing to the contrary, if either Tenant agrees (i) to cease promptly upon notice from Landlord any activity or Master Sublandlord require that Subtenant vacate work which has not been approved by Landlord (where such approval is required) or is not in compliance with the Subleased Premises provisions of this Lease or which shall interfere with or delay the performance of Landlord’s Work, and (ii) cease to comply and cause its installations until contractors to comply promptly with all reasonable procedures prescribed by Landlord from time to time for coordinating work being performed by Landlord and work being performed by Tenant, each with the Effective Date has occurredother. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of this Lease, Subtenant except that Tenant shall promptly not be required to commence payment of Annual Fixed Rent nor shall Tenant be deemed to have accepted possession of the Premises solely by reason of such early access. If Tenant fails or refuses to comply or cause its contractors to comply with any such requirement. Additionallyof the obligations described or referred to above, if either party hereto terminates this Sublease pursuant then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of access to the provisions of Section 2.1 above, Subtenant shall promptly remove from Premises until the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseCommencement Date.

Appears in 1 contract

Samples: Lease (Leap Therapeutics, Inc.)

Early Access. Subtenant and Subtenant’s representatives Landlord 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 allow Tenant early access to the Subleased Premises being referred approximately but no less than three (3) months prior to herein as 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 Date”) is solely for the sole purposes of installation of SubtenantTenant’s personal property equipment, including but not limited to, installation of racking, IT cabling and equipment, furniturediesel generator, fixtures radio frequency network, wired guidance system, security system, wide area network connection and voice similar equipment; provided, however, the listing of such equipment in this Section shall not be deemed or construed as Landlord’s approval of the same, and data cabling, all such approval shall be subject to the terms, provisions and conditions and requirements set forth elsewhere in this Lease. During the last thirty (30) days of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. 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 Dateperiod, Tenant may begin storing product in the Building, provided that such storage does not interfere with the timely Substantial Completion and is in compliance with any 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 occupy the Premises for the conduct of its business during the Early Access. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing Tenant’s Early Access to the contrary, 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 be subject to all of the provisions of Section 2.1 abovethis Lease except for the payment of monthly Rent. However, Subtenant Early Access of the Premises shall promptly remove from not advance the Subleased expiration date of this Lease. Landlord and 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 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 propertyproperty placed, equipmentkept or stored by or on behalf of Tenant or permitted to be placed, furniture, fixtures and/or voice kept or date cabling previously installed stored by Subtenant in Tenant during any Early Access period. The Early Access period shall end upon the Subleased Premises and repair any portion occurrence of the Subleased Commencement Date, at which time Tenant shall have possession of the Premises damaged for the Permitted Use subject to, and in accordance with, the provisions of this Lease, twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year during the Term of this Lease. Tenant may not operate out of the Premises until Tenant has obtained any applicable business licenses and a temporary or otherwise altered as a result permanent certificate of occupancy permitting Tenant’s use of the Premises for the Permitted Use; Landlord shall, at no cost or expense to Landlord, use commercially reasonable efforts to assist Tenant in connection with Tenant’s efforts to obtain such installation, all at Subtenant’s sole cost and expensecertificate of occupancy.

Appears in 1 contract

Samples: Lease Agreement (Lifetime Brands, Inc)

Early Access. Subtenant and Subtenant’s representatives Tenant shall have the right from time to enter time to come onto the Subleased Premises from and after Tenant’s Roof Deck Area for inspections and measurements and for up to 30 days immediately prior to the date of mutual execution Substantial Completion of Landlord’s Premises Work to access the Premises and delivery Tenant’s Roof Deck Area, upon prior notice to Landlord at times reasonably designated by Landlord, for purposes of this Sublease taking measurements, conducting due diligence and inspections thereof, installing wiring and cabling, installing workstations, building-out the IT room, and accessing the IT closets in the Premises at the same time that Landlord performs Landlord’s Premises Work (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as collectively, the “Early Access DateWork) for ). Landlord and Tenant shall use reasonable efforts to cooperate with each other so as to permit Tenant’s access and Landlord’s performance of work in the sole purposes of installation of SubtenantPremises and Tenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject Roof Deck Area at the same time. If Tenant’s access to the termsPremises or Tenant’s Roof Deck Area interferes with the performance by Landlord of Landlord’s Premises Work, conditions Landlord shall, notwithstanding the foregoing, have the right to notify Tenant of such interference (which notification may be oral) and requirements of Tenant shall immediately discontinue such interference. Such access to the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit Premises or Tenant’s Roof Deck Area by Tenant prior to the Effective Date. All Commencement Date shall not be deemed to be use and occupancy by Tenant of the rights and obligations Premises nor Tenant having taken possession of the parties under this Sublease (other than Subtenant’s obligation Premises for purposes of determining the Commencement Date but shall otherwise be subject to pay Base Rent and all of the cost terms of utilities under Section 3.3, but expressly including without limitation, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant the Lease. Notwithstanding anything to the Master Subleasecontrary contained herein, Tenant shall be entitled to notice of a claimed Tenant Delay as and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant extent provided in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseWork Letter.

Appears in 1 contract

Samples: Agreement (2U, Inc.)

Early Access. Subtenant Provided that Master Lessor has consented in writing ------------ to this Sublease and Subtenant’s representatives Sublessor has vacated fully the Subleased Premises, the date of which vacation shall occur not later than March 1, 2002, Sublessee shall have the right right, prior to the Commencement Date, to enter onto the Subleased Premises from solely for the purposes of installing Sublessee's furniture, trade fixtures and after equipment therein and planning its occupancy of the date Subleased Premises. Prior to March 1, 2002, but subject to having obtained Master Lessor's consent to this Sublease, Sublessee, upon forty-eight (48) hours' prior notice to Sublessor, may request entry into the Premises for the foregoing purposes during non-business hours or such other periods as reasonably may be acceptable to Sublessor, and Sublessor's consent to Sublessee's request for such early entry shall not be unreasonably withheld. Such early access shall be on all of mutual execution the terms and delivery conditions of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipmentSublease, furniture, fixtures and voice 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. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation except that Sublessee shall not be required to pay Base Rent and hereunder until 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 Commencement Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contraryforegoing, if either (i) Landlord or Master Sublandlord require that Subtenant vacate Sublessee commences doing business in the Subleased Premises or (ii) cease its installations until during the Effective early access period, the Commencement Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to be the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant on which Sublessee commenced doing business in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expensePremises.

Appears in 1 contract

Samples: Pumatech Inc

Early Access. Subtenant Seller and Subtenant’s representatives Purchaser shall have cooperate in providing early access to the right to enter Premises for the Subleased Premises period from and after the date of mutual full execution and delivery of this Sublease Agreement (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the Early Access Signing Date”) and prior to the Effective Date, to permit Purchaser to familiarize itself with, and prepare for full occupancy of, those portions of the Premises vacated by Seller and accepted by Purchaser in accordance with a phased occupancy plan approved by Seller and Purchaser and attached hereto as Schedule 1.5. Purchaser’s activities on the Premises during such early access period shall be in full compliance with applicable provisions of the Lease. Purchaser shall have no obligation for rent, property taxes or other Premises operating expenses; provided, however, Purchaser shall be responsible for (i) all of its costs of clean rooms cleaning, and (ii) costs for the sole purposes treatment and removal of installation its biohazard, hazardous materials and waste products and environmental materials, the handling, treatment, disposal and/or storage of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cablingwhich is regulated under applicable law, all subject such activities to be in accordance with such laws during such early occupancy. Seller shall have no obligation to provide services to Purchaser as to such materials. Purchaser’s activities on the Premises prior to the termsEffective Date shall not interfere with Seller’s activities on the Premises during such period. Seller shall maintain and Purchaser shall obtain appropriate liability and casualty insurance policies during the period of such early occupancy, conditions and requirements which each of such insurance policies shall name the other party as an additional insured thereunder to the extent of their respective interests. Purchaser shall also maintain workers compensation insurance in statutorily required amounts with respect to its employees occupying any portion of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit Premises prior to the Effective Date. All Each party shall receive appropriate certificates 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) such insurance pursuant prior to the Master Sublease, commencement of Purchaser’s early occupancy. From and Subtenant’s indemnification obligations) shall commence upon after the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations Signing Date until the Effective Date has occurredDate, Subtenant Purchaser shall promptly comply have the right to contact and initiate meetings with any such requirement. AdditionallyLandlord directly regarding the Lease and the Premises; provided, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 abovehowever, Subtenant Seller shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result be provided contemporary notice of such installation, contact and Seller shall have the right to participate in all at Subtenant’s sole cost such contacts and expensemeetings.

Appears in 1 contract

Samples: Lease Assignment and Asset Purchase Agreement (Tanox Inc)

Early Access. Subtenant and Subtenant’s representatives shall have Notwithstanding anything to the right contrary herein, Tenant may, during the three (3) week period prior to the Substantial Completion of Tenant Improvements, enter the Subleased Substitute Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from and after any cause whatsoever, excluding only the date gross negligence or deliberate misconduct of mutual execution and delivery of this Sublease (the date upon which Subtenant first has such Landlord or Landlord's contractors. Such early access to the Subleased Substitute Premises being referred to herein as the “Early Access Date”) for the sole purposes of and such installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject shall be permitted only to the terms, conditions extent that Landlord determines that such early access and requirements installation activities will not delay Landlord's completion of the Master Sublease; construction of the Tenant Improvements. Landlord and Tenant shall cooperate in no event will Subtenant perform work which requires the procurement scheduling of a Tenant's early access to the Substitute Premises and of Tenant's installation activities in an attempt to maximize the benefits to Tenant of this Paragraph 2.f. without interfering with Landlord's completion of the construction permit of the Tenant Improvements_ The provisions of Paragraph 9 of the Lease regarding alterations, and the provisions of Paragraphs 13 and 14 of the Lease regarding indemnity, waiver and insurance, shall apply in full during the period of any such early entry, and Tenant shall (1) 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 the Effective Date. 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 Subleasesuch early entry, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 all applicable legal requirements applicable to such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant early entry work in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseSubstitute Premises.

Appears in 1 contract

Samples: Office Lease (Kitara Media Corp.)

Early Access. Subtenant Provided Tenant has paid the Base Rent provided in Section 2(b), the Tenant Reimbursement Amount provided in Section 2(c) and Subtenant’s representatives shall have the right any certificates of insurance required by this Lease, Landlord grants to Tenant and contractors of Tenant a conditional license to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease on October 15, 2019 (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes to perform Tenant’s Work (as defined herein) which shall be performed in accordance with Sections 10 and 11 of installation this Lease. Tenant shall give to Landlord not less than five (5) days’ prior written notice of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject its request to have such access to the termsPremises, conditions which notice shall contain and/or shall be accompanied by: (i) a description and requirements schedule for Tenant’s Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the Master Subleaseapproximate number of individuals, itemized by trade, who will be present in the Premises; in no event will Subtenant perform work which requires the procurement (iii) copies of a construction permit prior all contracts pertaining to the Effective Dateperformance 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 performance of any of Tenant’s Work for which such access is being requested; (vi) certificates of insurance (in amounts and with insured parties satisfactory to Landlord). All of the rights foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld. Such early access shall be subject to scheduling by Landlord. Tenant and obligations Tenant’s contractors shall work in harmony and not interfere with Landlord and Landlord’s contractors in performing any tenant improvement work which Landlord is performing in the Premises or in other premises within the Building, the Property or in the Common Areas, or with the general operation of the parties Property. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon twenty-four (24) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant or its contractors shall be deemed to be under all of the terms, covenants, conditions and provisions of this Sublease (other than Subtenant’s obligation Lease, excluding only the covenant to pay Base Rent and the cost of utilities under Section 3.3, but expressly specifically 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 foregoing to the contrary, 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 the provisions of Section 2.1 aboveSections 12 and 13 thereof. Landlord shall not be liable for any injury, Subtenant shall promptly remove from the Subleased Premises loss or damage which may occur to any personal property, equipment, furniture, fixtures and/or voice of Tenant’s Work or date cabling previously installed by Subtenant to property of Tenant placed in the Subleased Premises and repair or any portion of the Subleased Premises damaged or otherwise altered as a result of such installationprior to the Commencement Date, all the same being at SubtenantTenant’s sole cost risk and expenseliability. Tenant shall be liable to Landlord for any damage to the Premises, to any tenant improvement work in the Premises, or the Property which is caused by Tenant or Tenant’s contractors.

Appears in 1 contract

Samples: Lease Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Early Access. Subtenant and SubtenantLandlord acknowledges that Tenant wishes to be permitted entry into the Expansion Premises two (2) weeks prior to the anticipated Expansion Premises Commencement Date in order to install Tenant’s representatives shall have furniture, fixtures, and/or equipment (the right to enter “Work”). Promptly following the Subleased Premises from and after the date of mutual execution and delivery of this Sublease Lease, Tenant shall be permitted, and Landlord hereby grants to Tenant a limited non-exclusive license (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the Early Access DateLicense”) therefor, to enter into the Expansion Premises for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all performing the Work. The Access License shall be subject to the terms, terms and conditions and requirements of this Lease. Tenant shall ensure that Tenant’s performance of the Master Sublease; Work does not disturb other tenants, create a nuisance and Tenant shall be solely responsible for all costs associated with the Work. Tenant shall repair any damage to the Building resulting from the Work in a prompt and diligent manner. The performance of the Work shall be at Tenant’s sole risk and expense, and Landlord shall not be liable for any loss, damage, casualty, injury, death, or any other liability resulting from the Work. Tenant shall indemnify and save harmless Landlord from and against any such liability for damages, costs, and expenses, including reasonable attorneys’ fees, from injury or death to any person or damage to any property resulting from the Access License. In no event will Subtenant perform work which requires shall the procurement of a construction permit prior Expansion Premises Commencement Date be delayed due to the Effective Date. All of Work or 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 foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLicense.

Appears in 1 contract

Samples: Lease Agreement (Novan, Inc.)

Early Access. Subtenant and SubtenantSo long as Landlord has received from Tenant the first month’s representatives shall have the right Monthly Base Rent due pursuant to enter the Subleased Premises from and after the date of mutual execution and delivery Section 5.1 of this Sublease (Lease, certificates satisfactory to Landlord evidencing the date upon which Subtenant first has such insurance required to be carried by Tenant under this Lease, and, as applicable, the Security Deposit, and so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to give Tenant’s designated contractors access to the Subleased Premises being referred prior to herein as the estimated Commencement Date (the “Early Access DatePeriod”) for the sole purposes of installation of Subtenantconstructing Tenant’s personal property Initial Alterations in accordance with Exhibit H and equipment, for installing Tenant’s furniture, fixtures and voice 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. 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 Subleasefixtures, and Subtenantequipment (collectively, “Tenant’s indemnification obligations) Work”). Tenant’s Work shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, 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 the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed be performed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all Tenant at SubtenantTenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease, except that Tenant shall not be obligated to pay Rent during the Early Access Period until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any request for such early access and any grant of early access shall be subject to Landlord’s prior written approval. Tenant shall cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of any Landlord’s work in the Premises pursuant to the Work Letter attached hereto as Exhibit C (the “Landlord’s Work”). Should Landlord determine such early access interferes with Landlord’s Work, Landlord may deny Tenant access to the Premises until Landlord’s Work is substantially completed. Tenant shall promptly surrender any keys of other means of access to the Premises and otherwise comply with such denial.

Appears in 1 contract

Samples: Work Letter Agreement (Gigamon LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.