Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so as not to delay the completion of Landlord’s Work.
Appears in 2 contracts
Sources: Lease (Lendbuzz Inc.), Lease (Lendbuzz Inc.)
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting shall permit Tenant to may enter the Premises will not adversely affect on the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then date Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees reasonably determines to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty be approximately ninety (3090) days prior to the Commencement DateDate (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, at no additional cost cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇not interfere with Landlord’s Proportionate Share Substantial Completion of the Operating Costs Excess Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Proportionate Share Early Entry interferes with Landlord’s Substantial Completion of the Tax ExcessTenant Improvements or the Landlord Improvements, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry it shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and expense subject to all of the terms and Landlord shall have no liabilities or obligations to Tenant conditions contained in connection therewiththis Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including any liability for damage or injury to persons or property in connection therewith. Prior to such entrywithout limitation, Tenant shall obtain and submit Tenant’s prior delivery to Landlord all of insurance coverages certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ conduct its business in the Premises prior at any time during the Early Access Period. In addition to the Commencement Date foregoing, Landlord shall be have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably coordinated with any work being performed by Landlord so as not to delay the completion of Landlord’s Workdeem appropriate.
Appears in 2 contracts
Sources: Lease (BillionToOne, Inc.), Lease (BillionToOne, Inc.)
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇the Landlord’s TI Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of the Base Building Work and/or the Landlord’s TI Work, then approximately four (4) weeks prior to the Commencement Date Landlord will shall permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipmentpreparing the Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s sole risk and expense expense, and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this LeaseLease (excepting only the obligations to pay Base Rent, includingTenant’s Pro Rata Share of Expenses, without limitationTenant’s Pro Rata Share of Taxes or the Amenity Fee), including the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All Without limitation, all of such work performed by ▇▇▇▇▇▇ Tenant in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so and in such manner as not to delay maintain harmonious labor relations. In no event shall any such work by Tenant damage the completion Building or the Premises or interfere with the timely performance of the Base Building Work and/or the Landlord’s TI Work.
Appears in 2 contracts
Sources: Lease Agreement (Aurion Biotech, Inc.), Lease Agreement (Aurion Biotech, Inc.)
Early Access. After (i) Notwithstanding anything contained in this Lease to the contrary, Landlord determines shall allow Tenant access to the Premises prior to the Commencement Date for the purpose of performing the Tenant Improvements. Tenant’s entry to the Premises for any purpose prior to the Commencement Date shall be scheduled in advance with Landlord. Such access shall be governed by the terms and conditions of this Lease; however, in no event shall any Base Rent or Additional Rent be payable during such early access period. Any Tenant Improvements performed by Tenant during such early access period shall be completed in compliance with the provisions of this Lease. Tenant shall coordinate its work reasonably with Landlord to ensure that Tenant’s access does not interfere with Landlord’s Work.
(ii) Prior to any early occupancy by Tenant, Tenant shall have delivered to Landlord certificates of Insurance confirming that Tenant has in force the insurance required by this Lease. Prior to commencement of any Tenant Improvements by Tenant, Tenant shall have delivered to Landlord evidence of insurance as required by Section 5.1.1 and identifying Landlord, Manager, Bentall ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion ▇ (U.S.) Limited Partnership, NewTower Trust Company, and each of or the cost of completion of the remaining elements of Landlord’s Worktheir agents, then Landlord will permit Tenant affiliates, members, directors, officers and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, employees as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or named insureds. Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in into the Premises prior to the Commencement Date shall be reasonably coordinated with at Tenant’s risk and Landlord shall not be liable in any work being performed by Landlord so as not way for any injury, loss or damage which may occur to delay any of the Tenant Improvements in the Premises or to properties placed therein, except for the gross negligence or willful misconduct of Landlord, and subject to all of the terms of this Lease (other than the obligation to pay Base Rent and Additional Rent).
(iii) Upon substantial completion of Landlord’s Workall of the Tenant Improvements, Tenant shall be entitled to occupy the Premises for business prior to the Commencement Date subject to all of the terms of this Lease (other than the obligation to pay Base Rent and Additional Rent).
Appears in 2 contracts
Sources: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed Subject to the point where permitting terms herein and Tenant’s compliance with all applicable Laws, Tenant shall have reasonable access to enter the Premises will not adversely affect the timely completion of or the cost of (“Early Access”) during completion of the remaining elements Leasehold Improvements to coordinate installation of LandlordTenant’s Work, then Landlord will permit Tenant cabling and ▇▇▇▇▇▇’s contractors, employees, agents wiring and other designees to enter during the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days 2-week period immediately prior to the Commencement DateSubstantial Completion to install its furniture, at no additional cost to Tenant fixtures, and without the payment of Base Rentequipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, ▇▇▇▇▇▇’s Proportionate Share or unreasonably delay completion of the Operating Costs Excess or Tenant’s Proportionate Share Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by 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 phone/data, security, and other vendors comply with all provisions of this Lease, including, without limitation, applicable Laws and pull their permits and perform their work in conjunction with the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord Leasehold Improvements so as not to delay the completion of the 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 Workinstructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall be deemed a Tenant Delay.
Appears in 2 contracts
Sources: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.)
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed Subject to the point where permitting terms herein and Tenant’s compliance with all applicable Laws, Tenant shall have reasonable access to enter the Premises will not adversely affect the timely completion of or the cost of (“Early Access”) during completion of the remaining elements Leasehold Improvements to coordinate installation of LandlordTenant’s Work, then Landlord will permit Tenant cabling and ▇▇▇▇▇▇’s contractors, employees, agents wiring and other designees to enter during the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days 2-week period immediately prior to the Commencement DateSubstantial Completion to install its furniture, at no additional cost to Tenant fixtures, and without the payment of Base Rentequipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, ▇▇▇▇▇▇’s Proportionate Share or unreasonably delay completion of the Operating Costs Excess or Tenant’s Proportionate Share Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by 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 phone/data, security, and other vendors comply with all provisions of this Lease, including, without limitation, applicable Laws and pull their permits and perform their work in conjunction with the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord Leasehold Improvements so as not to delay the completion of the 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 Work.instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall be deemed a Tenant Delay.
Appears in 1 contract
Sources: Lease Agreement (Passage BIO, Inc.)
Early Access. After Following not less than twenty-four (24) hours notice to Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later no less than thirty seven (307) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, Delivery Date for the limited sole purpose of installing furnitureinstalling, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk cost and expense 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 shall have no liabilities or obligations upon twenty-four (24) hours written notice to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewithTenant. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound liable for any damages caused by and shall comply Tenant's activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all provisions of this Leaserequirements 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 regarding (other than the performance of alterationsobligation to pay Basic Rent). Landlord shall not be liable in any way for any injury, improvements and installations in the Premises, notwithstanding that the Commencement Date loss or damage which may not yet have occurred. All of occur to any such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any 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 so as 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 to delay limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the completion of right, in Landlord’s Worksole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord's building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto.
Appears in 1 contract
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed Subject to the point where permitting terms herein and Tenant's compliance with all applicable Laws, Tenant shall have reasonable access to enter the New Premises will not adversely affect the timely completion of or the cost of (“Early Access”) during completion of the remaining elements Leasehold Improvements to coordinate installation of Landlord’s Work, then Landlord will permit Tenant Tenant’ s cabling and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter during the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days 2-week period immediately prior to the Commencement DateSubstantial Completion to install its furniture, at no additional cost to Tenant fixtures, and without the payment of Base Rentequipment; provided in any such case Tenant’ s Early Access does not interfere with, ▇▇▇▇▇▇’s Proportionate Share or delay completion of the Operating Costs Excess or Tenant’s Proportionate Share Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by 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 phone/data, security, and other vendors comply with all provisions of this Lease, including, without limitation, applicable Laws and pull their permits and perform their work in conjunction with the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord Leasehold Improvements so as not to delay the completion of the 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 Work's instructions and directions so that Tenant’ s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’ s work delaying Landlord's ability to obtain its permits, shall be deemed a Tenant Delay.
Appears in 1 contract
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed Subject to the point where permitting terms and restrictions of Section 2, Tenant may have early access to enter the Premises will not adversely affect Expansion Space two (2) weeks prior to the timely completion anticipated Expansion Date solely for the purpose of or installing furniture, fixtures, cabling and wiring, telephones and special improvements approved by Landlord. If Tenant desires access to the cost of completion of Expansion prior to the remaining elements of Landlord’s WorkExpansion Date, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractorsshall, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than within thirty (30) days prior to the Commencement anticipated Expansion Date, at no additional cost provide Landlord with a reasonably detailed request including the purpose and amount of time required for each item to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipmentbe installed. Any Landlord shall use reasonable efforts (i) to schedule such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to access by Tenant in connection therewithconjunction with other construction activities, including to the extent Landlord believes such access will not materially interfere with or cause any liability for damage material delays in, construction in the Expansion Space and (ii) to keep Tenant reasonably informed of any changes in the timing or injury to persons or property in connection therewithextent of such early access. Prior to any such entryearly access, Tenant shall obtain and submit to Landlord all must provide the certificate(s) evidencing the insurance coverages required pursuant to this under the Lease. Upon such entryIn 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 bound by subject to Landlord’s reasonable administrative control and supervision and (C) shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations covenants contained in the PremisesLease and this Fourth Amendment, notwithstanding except that Tenant shall not be obligated to pay Rent with respect to the Commencement Date may Expansion Space until the Expansion Date. If Tenant’s access to the Expansion Space is solely for the purposes stated herein and not yet have occurred. All of such work performed by ▇▇▇▇▇▇ to conduct its business in the Premises prior Expansion Space, then such access shall not serve to accelerate the Commencement Date shall be reasonably coordinated with Expansion Date. Neither Tenant’s failure to exercise its right of early access for any work being performed reason nor limitations or restrictions by Landlord so as not to on early access for any reason whatsoever shall delay the completion of Landlord’s WorkExpansion Date.
Appears in 1 contract
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed Notwithstanding the foregoing, Sublandlord shall provide Subtenant with early access to the point where permitting Tenant to enter Premises from and after the Landlord Consent Date though the Commencement Date (the “Early Access Period”). During the Early Access Period, Subtenant may use the Premises will not adversely affect the timely completion for purposes of or the cost of completion of the remaining elements of Landlord’s Workestablishing telecommunications connectivity, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk , and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in otherwise preparing the Premises prior to for Subtenant’s use and occupancy. During the Commencement Date Early Access Period, Subtenant shall be reasonably coordinated not unreasonably interfere with any work being performed within the Building by Landlord so Sublandlord pursuant to the terms of this Sublease. All provisions of this Sublease shall apply during the Early Access Period, except that Tenant shall have no obligation to pay Base Rent or Direct Expense Share (defined below) until the Commencement Date. During the Early Access Period, Subtenant shall pay the costs for utilities to the Premises, which shall be paid by Subtenant directly to the respective utility providers. Notwithstanding anything to the contrary herein, if Subtenant commences business operations in the Premises during the Early Access Period (as not opposed to delay using the completion Early Access Period to prepare the Premises for Subtenant’s use and occupancy), the Commencement Date shall occur and all of Landlord’s Workthe terms and conditions of this Sublease shall apply including the obligation to pay all Rent.
Appears in 1 contract
Sources: Sublease (Dexcom Inc)
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting shall permit Tenant to access and enter portions of the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the applicable Lease Commencement Date, at no additional cost to Tenant Date and without the commencement of payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share Rent with respect to such spaces as provided in the following sentence. Tenant shall be granted access to: the Suite 400 portion of the Operating Costs Excess or Tenant’s Proportionate Share Phase I Premises on the mutual execution and delivery of this Lease and the Phase II Premises (i.e., Suite 500 and Suite 575) on November 15, 2015 (the "Early Entry Dates"), solely for purposes of installing the Tenant Improvements. Such limited purpose entry and use of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry Premises by Tenant shall be at Tenant’s 's sole risk and expense and Landlord shall have no liabilities or obligations also be subject to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding including, but not limited to, the performance of alterationsrequirement to obtain the insurance required pursuant to this Lease and to deliver insurance certificates as required herein. Notwithstanding the immediately preceding sentence, improvements and installations in the Premises, notwithstanding that the Commencement Date may Tenant shall not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises be required to pay Rent (including any utilities costs incurred) prior to the applicable Lease Commencement Date Date. In addition to the foregoing, Landlord shall be have the right to impose such additional reasonable conditions on Tenant's early entry as Landlord shall deem reasonably coordinated with any work being performed by appropriate. Landlord so and Tenant acknowledge that Tenant is currently in possession of the Suite 200 portion of the Phase I Premises pursuant to a sublease between Fitbit, Inc., as not sublandlord, and Tenant, as subtenant, the term of which expires on June 30, 2015, and that Tenant shall thereafter continue in possession of, and lease directly from Landlord, the Suite 200 portion of the Phase I Premises pursuant to delay the completion of Landlord’s Workthis Lease.
Appears in 1 contract
Early Access. After Provided that Tenant does not materially interfere with or materially delay the completion by Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements its agents or contractors of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees shall have the right to enter the Premises and common areas and, as reasonably necessary, spaces above and below during the Premises, not later than thirty (30) days day period prior to the Commencement Date, at no additional cost to Tenant during normal business hours and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess Annual Fixed Rent or Tenant’s Proportionate Share of the Tax ExcessAdditional Rent (as hereinafter defined), for the limited purpose of installing furnitureequipment, fixtures telecommunications and equipment. Any data wiring and cabling, furniture and similar items; and such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant made in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply compliance with all provisions of this Lease, including, without limitation, the provisions terms and conditions of this Lease regarding (except as set forth herein) and the performance of alterations, improvements Rules and installations Regulations then in effect for the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date Building and shall be reasonably coordinated with Landlord’s building manager. Such right of entry shall be deemed a license from Landlord to Tenant, and any work being performed by Landlord so as not to delay entry thereunder shall be at the risk of Tenant. For the avoidance of doubt, any delays caused in the completion of Landlord’s Work.Work arising directly or indirectly from the entry by Tenant to the Premises pursuant to the provisions hereof shall be deemed a Tenant Delay, subject to any applicable notice and cure period. Provided that Tenant has not begun operating its business from the Premises, and subject to all of the terms and conditions of this Lease, the foregoing activity shall not constitute the delivery of possession of the Premises to Tenant and the Term shall not commence solely as a result of said activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord
Appears in 1 contract
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to Notwithstanding the point where permitting Tenant to enter the Premises will not adversely affect the timely completion foregoing, if Tenant, with Landlord's prior written approval, takes possession of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date 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 reasonably coordinated subject to all of the terms and conditions of this Lease, except that Tenant shall 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 take occupancy of the Premises prior to the Commencement Date, whether for construction, fixturing or any work being performed other purpose, without the prior written consent of Landlord. 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 space during said period with no obligation to pay rent and without interference by Landlord so as not or Landlord's contractor. Prior to delay Tenant taking possession, Landlord and Tenant shall inspect the completion Premises in order to confirm the status of Landlord’s the Landlord Work.
Appears in 1 contract
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed Subject to the point where permitting terms herein and Tenant’s compliance with all applicable Laws, Tenant shall have reasonable access to enter the Premises will not adversely affect the timely completion of or the cost of (“Early Access”) during completion of the remaining elements Leasehold Improvements to coordinate installation of LandlordTenant’s Work, then Landlord will permit Tenant cabling and ▇▇▇▇▇▇’s contractors, employees, agents wiring and other designees to enter during the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days -day period immediately prior to the Commencement DateSubstantial Completion to install its furniture, at no additional cost to Tenant fixtures, and without the payment of Base Rentequipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, ▇▇▇▇▇▇’s Proportionate Share or unreasonably delay completion of the Operating Costs Excess or Tenant’s Proportionate Share Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by 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 phone/data, security, and other vendors comply with all provisions of this Lease, including, without limitation, applicable Laws and pull their permits and perform their work in conjunction with the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord Leasehold Improvements so as not to delay the completion of the 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 Workinstructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall be deemed a Tenant Delay.
Appears in 1 contract
Early Access. After Sections 2.2 & 2.2.1, above, notwithstanding, Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed agrees, subject to the point where permitting Tenant terms and conditions of this Section 2.2.3, to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and the other designees Tenant Parties to enter the Premises and common areas and, as reasonably necessary, spaces above and below have Early Access in the Premises, on and after the Early Access Date. Any such permission shall constitute a license only, conditioned upon Tenant and Tenant’s contractors’ obtaining Landlord’s prior written consent (not later than thirty (30to be unreasonably withheld) days prior with regard to each item of Tenant Work that any of such parties desire to undertake during the Early Access Period.
2.2.3.1 Notwithstanding anything in this Lease to the contrary, the Early Access Period may be reduced by Landlord to the extent such Early Access materially interferes with Landlord’s ability to complete the Commencement Date Conditions on or before the Target Commencement Date. Tenant’s Early Access shall be subject to (and, at no additional cost to during such period, Tenant must comply with) all of the terms and without provisions of this Lease, excepting only the payment of Base Rent. Additionally, ▇▇▇▇▇▇Tenant agrees that (a) Landlord’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to provide services to the Tenant in connection therewithSpace and/or the equipment serving the Tenant Space shall commence on the Commencement Date and shall not apply during the Early Access Period, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, and (b) while Tenant shall obtain and submit not be required to Landlord all insurance coverages required pursuant to this Lease. Upon such entrypay Base Rent during the Early Access Period, Tenant shall be bound by required to pay any and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding electricity charges that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in accrue to the Premises prior to during the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so as not to delay the completion of Landlord’s WorkEarly Access Period.
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Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed the full execution of this Sublease, the Sublessee shall be permitted to have reasonable access to the point where permitting Tenant Subleased Premises for the purposes of taking measurements and for the preparation of construction and/or as-built drawings, but the Sublessee shall not be permitted to enter do or cause any construction and the Sublessee shall not be permitted to move or cause to be moved any of its property into the Subleased Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to until the Commencement Date, at no additional cost to Tenant except for minor tools and without equipment necessary in the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share preparation of the Operating Costs Excess or Tenant’s Proportionate Share construction and/or as-built drawings, provided that such property is upon the Subleased Premises at the sole risk of the Tax Excess, for Sublessee and the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord Sublessor shall have no liabilities or obligations liability with respect to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewithloss thereof. Prior to such entry, Tenant the Sublessee shall obtain and submit provide to Landlord all the Sublessor a certificate of insurance coverages to evidence that the liability insurance required pursuant to by this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitationSublease is in effect, the provisions of this Lease regarding remaining insurance to be in effect on or before the performance of alterationsCommencement Date. It is understood, improvements and installations in the Premiseshowever, notwithstanding that the Commencement Date may Sublessee shall not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior be given keys to the Subleased Premises until the Commencement Date Date. The Sublessee shall not interfere with the Sublessor’s activities upon the Subleased Premises. The Sublessor shall not have any liability to the Sublessee in connection with such access, the Sublessor shall not be reasonably coordinated liable for any injury to persons entering the Subleased Premises by, through or under the Sublessee or property brought by said persons, and the Sublessee shall indemnify and hold harmless the Sublessor with respect to any work being performed by Landlord so as not to delay the completion of Landlord’s Worksuch liability.
Appears in 1 contract
Early Access. After Sections 2.2 & 2.2.1, above, notwithstanding, Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed agrees, subject to the point where permitting Tenant terms and conditions of this Section 2.2.3, to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇the other Tenant Parties to have Early Access in the Premises, on and after the Early Access Date. Any such permission shall constitute a license only, conditioned upon Tenant and Te▇▇▇▇’s contractors’ obtaining Landlord’s prior written consent (not to be unreasonably withheld) with regard to each item of Tenant Work that any of such parties desire to undertake during the Early Access Period.
2.2.3.1 Notwithstanding anything in this Lease to the contrary, employees, agents and other designees the Early Access Period may be reduced by Landlord to enter the Premises and common areas extent such Early Access materially interferes with Landlord’s ability to complete the Commencement Date Conditions on or before the Target Commencement Date. Tenant’s Early Access shall be subject to (and, as reasonably necessaryduring such period, spaces above Tenant must comply with) all of the terms and below the Premisesprovisions of this Lease, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without excepting only the payment of Base Rent. Additionally, Te▇▇▇▇ ▇▇▇grees that (a) Landlord’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to provide services to the Tenant in connection therewithSpace and/or the equipment serving the Tenant Space shall commence on the Commencement Date and shall not apply during the Early Access Period, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, and (b) while Tenant shall obtain and submit not be required to Landlord all insurance coverages required pursuant to this Lease. Upon such entrypay Base Rent during the Early Access Period, Tenant shall be bound by required to pay any and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding electricity charges that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in accrue to the Premises prior to during the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so as not to delay the completion of Landlord’s WorkEarly Access Period.
Appears in 1 contract
Early Access. After Notwithstanding anything to the contrary herein, Tenant may, during the three (3) week period prior to the Substantial Completion of Tenant Improvements, enter the 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 any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord's contractors. Such early access to the Substitute Premises and such installation shall be permitted only to the extent that Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting Tenant to enter the Premises such early access and installation activities will not adversely affect the timely completion of or the cost of delay Landlord's completion of the remaining elements construction of the Tenant Improvements. Landlord and Tenant shall cooperate in the scheduling of 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 Work's completion of the construction of the Tenant Improvements_ The provisions of Paragraph 9 of the Lease regarding alterations, then Landlord will permit 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 ▇▇▇▇▇▇’s its agents and contractors, employeesreasonably satisfactory to Landlord, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Datesuch early entry, at no additional cost and (ii) comply with all applicable legal requirements applicable to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations work in the Substitute Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so as not to delay the completion of Landlord’s Work.
Appears in 1 contract
Sources: Office Lease (Kitara Media Corp.)
Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed Subject to the point where permitting Tenant terms and conditions of this Lease including, without limitation, Section 13, and provided Landlord has received the pre-paid Base Rent required by Section 4.01 below, the Letter of Credit and evidence of Tenant’s procurement of all insurance coverage required hereunder, Tenant, at Tenant’s sole risk, shall be permitted to enter the Premises will not adversely affect from and after the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty date that is fourteen (3014) days prior to the date that Landlord anticipates to be the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, solely for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be Further, provided it does not interfere with the Landlord’s performance of the Tenant Improvements, Tenant, at Tenant’s sole risk risk, shall be permitted to enter the Premises from and expense after the date that is one (1) day following mutual execution of the Lease, for the purpose of installing telecommunications wiring for Tenant’s operations. Landlord may withdraw such permission for Tenant to enter the Premises, if Landlord determines that such entry is causing a dangerous situation for Landlord, Tenant, Tenant’s vendors and Landlord shall contractors or other tenants in the Building or is delaying or interfering with the progress of any work within the Building. Tenant will have no liabilities or obligations obligation to pay Rent during such early access period, except for the cost of services requested by Tenant (e.g., after hours HVAC service, after hours security, etc.), unless Tenant commences business operations in connection therewith, including any liability for damage or injury to persons or property in connection therewiththe Premises during such early access period. Prior to such entry, If Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations so commences business operations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to then the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so as not deemed to delay have occurred on the completion of Landlord’s Workdate that Tenant commences such business operations.
Appears in 1 contract
Sources: Office Lease Agreement (Thimble Point Acquisition Corp.)
Early Access. After From and after March 8, 2019, or such later time as Landlord determines that ▇▇▇▇▇▇▇▇’s the Landlord Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s the Landlord Work, then in accordance with and subject to the terms and conditions of Section 5.1 of the Work Letter, Landlord will shall permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furnitureTenant's telecommunication, fixtures electronic, phone and equipmentdata 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 's sole risk and expense expense, and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to Upon such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entrynotwithstanding 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; provided, notwithstanding that however, Tenant will not be obligated to pay Base Rent, Tenant's Pro Rata Share of the Tax Excess, or Tenant's Pro Rata Share of the Expense Excess prior to the Commencement Date may not yet have occurredDate. All Without limitation, all of such work performed by ▇▇▇▇▇▇ Tenant in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord so and in such manner as not to delay 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 Landlord’s the Landlord Work. Such early access shall be on all the terms and conditions of this Lease.
Appears in 1 contract
Early Access. After So long as Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed received from Tenant certificates satisfactory to Landlord evidencing the point where permitting insurance required to be carried by Tenant to enter under the Premises will Amended Lease, and so long as Tenant and its contractors and employees do not adversely affect interfere with the timely completion of or the cost of completion of the remaining elements of Landlord’s WorkTenant Improvements, then Landlord will permit shall give Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees its designated contractors access to enter the New Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty at least two (302) days weeks prior to the estimated New Premises Commencement Date, at no additional cost to Tenant and without Date (the payment “Early Access Period”) for purposes of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or installing Tenant’s Proportionate Share of the Tax Excesscabling, for the limited purpose of installing furniture, fixtures fixtures, and equipmentequipment (“Tenant’s Work”). Any such early entry Tenant’s Work shall be performed by Tenant at Tenant’s sole risk cost and expense expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and Landlord shall have no liabilities or obligations to Tenant in connection therewithconditions of the Amended Lease, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, except that Tenant shall obtain 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 submit to cooperate with Landlord all insurance coverages required pursuant to this Lease. Upon during the period of any such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to the Commencement Date shall be reasonably coordinated with any work being performed by Landlord early access so as not to delay interfere with Landlord in the completion of Landlord’s Workany 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
Sources: Lease (Adamas Pharmaceuticals Inc)
Early Access. After Landlord determines that When, in Landlord’s reasonable judgment, ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed with respect to the point where permitting Tenant to enter portion of the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant and ▇▇▇▇▇▇’s contractors, employees, agents and other designees to enter the Premises and common areas and, as reasonably necessary, spaces above and below the Premises, not later than thirty (30) days prior to the Commencement Date, at no additional cost to Tenant and without the payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the limited purpose of installing furniture, fixtures and equipment. Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant shall obtain and submit to Landlord all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. All of such work performed currently occupied by ▇▇▇▇▇▇ in has proceeded to a point where Tenant may install wires, cables, furniture, fixtures and equipment (“Tenant’s Work”) therein without interfering with the Premises prior performance of the Landlord’s Work, Landlord shall so notify Tenant and, from and after such date of notification, Tenant and its contractors shall have access to the Commencement Date shall be reasonably coordinated such area solely for the purposes of performing the Tenant’s Work. In connection with such access, ▇▇▇▇▇▇ agrees (a) to cease promptly upon notice from Landlord any work being performed Tenant’s Work which has not been approved by Landlord so as or is not to in compliance with the provisions of the Lease or which shall interfere with or delay the completion 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 all of the applicable provisions of the Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any rent, and (y) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access. Landlord shall assume no responsibility for the quality or completion of the Tenant Work under this Section, and shall not be responsible for equipment or supplies of Tenant or Tenant’s contractors.
Appears in 1 contract
Sources: Lease Agreement (Healthequity Inc)