Early Access. Landlord shall permit Tenant may enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, 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 not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, 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 subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in the Premises at any time during the Early Access Period. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriate.
Appears in 2 contracts
Sources: Lease (BillionToOne, Inc.), Lease (BillionToOne, Inc.)
Early Access. Landlord Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall permit Tenant may enter have reasonable access to the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early EntryAccess”)) during completion of the Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided that in any such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If case Tenant’s Early Entry interferes with Landlord’s Substantial Completion Access does not unreasonably interfere with, or unreasonably delay completion of the Tenant Improvements or the Landlord Leasehold Improvements, it shall be and Tenant first provides Landlord with a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord certificate of insurance certificates evidencing that Tenant has obtained as required under the insurance required pursuant to this 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 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 conduct to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its business contractors shall coordinate all activities with Landlord in the Premises at any time during the Early Access Period. In addition to the foregoingadvance and in writing, Landlord and shall have the right to impose such reasonable additional conditions on comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Entry as Landlord Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall reasonably deem appropriatebe deemed a Tenant Delay.
Appears in 2 contracts
Sources: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.)
Early Access. After Landlord shall permit determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting Tenant may to enter the Premises on will not adversely affect the date 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 determines to be approximately ninety necessary, spaces above and below the Premises, not later than thirty (9030) days prior to the Commencement Date (Date, at no additional cost to Tenant and without the “Early Access Period”) payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the sole limited purpose of inspecting the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, fixtures and acoustic treatments (“Early Entry”); provided that equipment. Any such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it early entry shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject expense and Landlord shall have no liabilities or obligations to all of the terms and conditions contained Tenant in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses)connection therewith, including without limitationany liability for damage or injury to persons or property in connection therewith. Prior to such entry, Tenant’s prior delivery Tenant shall obtain and submit to Landlord of all insurance certificates evidencing that Tenant has obtained the 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 conduct its business yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises at any time during the Early Access Period. In addition prior to the foregoing, Commencement Date shall be reasonably coordinated with any work being performed by Landlord shall have so as not to delay the right to impose such reasonable additional conditions on Tenantcompletion of Landlord’s Early Entry as Landlord shall reasonably deem appropriateWork.
Appears in 2 contracts
Sources: Lease (Lendbuzz Inc.), Lease (Lendbuzz Inc.)
Early Access. Landlord shall permit Tenant may enter the Premises on the date Landlord reasonably determines to be approximately ninety Commencing fifteen (9015) days prior to Substantial Completion of the Commencement Date (Expansion Premises, Tenant shall have access to the “Early Access Period”) Expansion Premises solely for the sole purpose purposes of inspecting the Premises and installing wiring, cabling, Tenant’s furniture, fixture, fixtures and 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 (including IT infrastructure), tenant art, and acoustic treatments i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (“Early Entry”); provided that where such Early Entry approval is conducted required) or is not in a manner as to not compliance with the provisions of the Lease or which shall interfere with Landlord’s Substantial Completion or delay the performance of the Tenant Improvements (as defined in Exhibit F, the “Work LetterB”) and (ii) to comply and cause its contractors to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Landlord Improvements (defined in Paragraph 13(a) below)Building. If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Such access by Tenant Improvements or the Landlord Improvements, 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 deemed to be subject to all the applicable provisions of the terms Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any additional rent on account of Operating Expenses or Taxes for the Expansion Premises prior to the Expansion Premises Commencement Date, and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. b) Tenant shall not conduct be deemed thereby to have taken or accepted possession of the Expansion Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractor to comply with any of the obligations described or referred to above following notice and a two (2) business in the Premises at any time during the Early Access Period. In addition day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the foregoing, Landlord shall have Expansion Premises until the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateExpansion Premises Commencement Date.
Appears in 1 contract
Sources: Lease (Antares Pharma, Inc.)
Early Access. Provided that Tenant does not materially interfere with or materially delay the completion by Landlord or its agents or contractors of Landlord’s Work, Tenant shall permit Tenant may have the right to enter the Premises on during the date Landlord reasonably determines to be approximately ninety thirty (9030) days day period prior to the Commencement Date Date, during normal business hours and without payment of Annual Fixed Rent or Additional Rent (the “Early Access Period”) as hereinafter defined), for the sole purpose of inspecting the Premises installing equipment, telecommunications and installing wiring, data wiring and cabling, furniture, fixture, equipment furniture and similar items; and such entry shall be made in compliance with all terms and conditions of this Lease (including IT infrastructure), tenant art, except as set forth herein) and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted the Rules and Regulations then in a manner as to not interfere effect for the Building and shall be coordinated with Landlord’s Substantial Completion building manager. Such right of entry shall be deemed a license from Landlord to Tenant, and any entry thereunder shall be at the Tenant Improvements (as defined risk of Tenant. For the avoidance of doubt, any delays caused in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with completion of Landlord’s Substantial Completion of Work arising directly or indirectly from the entry by Tenant Improvements or to the Landlord Improvements, it Premises pursuant to the provisions hereof shall be deemed a Tenant’s Delay Tenant Delay, subject to any applicable notice and Landlord may terminate Tenant’s Early Entrycure period. Such Early Entry shall at Tenant’s sole risk Provided that Tenant has not begun operating its business from the Premises, and subject to all of the terms and conditions contained in of this Lease (other than Lease, the payment foregoing activity shall not constitute the delivery of Monthly Base Rent and Tenant’s Pro Rata Share possession of the Operating Expenses), including without limitation, Tenant’s prior delivery Premises to Landlord Tenant and the Term shall not commence solely as a result of insurance certificates evidencing that Tenant has obtained said activities. Prior to entering the insurance required pursuant to this Lease. Premises Tenant shall not conduct its business in obtain all insurance it is required to obtain by the Premises at any time during the Early Access Period. In addition Lease and shall provide certificates of said insurance to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriate.Landlord
Appears in 1 contract
Early Access. Landlord shall permit Tenant may enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior Subject to the Commencement Date (terms herein and Tenant's compliance with all applicable Laws, Tenant shall have reasonable access to the “Early Access Period”) for the sole purpose of inspecting the New Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early EntryAccess”)) during completion of the Leasehold Improvements to coordinate installation of Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided that in any such case Tenant’ s Early Entry is conducted in a manner as to Access does not interfere with Landlord’s Substantial Completion with, or delay completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Leasehold Improvements, it shall be and Tenant first provides Landlord with a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord certificate of insurance certificates evidencing that Tenant has obtained as required under the insurance required pursuant to this 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 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 conduct to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its business contractors shall coordinate all activities with Landlord in the Premises at 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 time during the work to be performed by Landlord. Any delay resulting from Early Access Period. In addition Access, including without limitation due to the foregoinga Tenant vendor’ s work delaying Landlord's ability to obtain its permits, Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriatebe deemed a Tenant Delay.
Appears in 1 contract
Early Access. Sections 2.2 & 2.2.1, above, notwithstanding, Landlord shall agrees, subject to the terms and conditions of this Section 2.2.3, to permit Tenant may enter and the Premises other Tenant Parties to have Early Access in the Premises, on and after the date Landlord reasonably determines 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 to be approximately ninety (90unreasonably withheld) days prior with regard to each item of Tenant Work that any of such parties desire to undertake during the Commencement Date (the “Early Access Period”) for .
2.2.3.1 Notwithstanding anything in this Lease to the sole purpose of inspecting contrary, the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early Entry”); provided that Access Period may be reduced by Landlord to the extent such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry Access materially interferes with Landlord’s Substantial Completion of ability to complete the Tenant Improvements Commencement Date Conditions on or before the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Target Commencement Date. Tenant’s Early Entry. Such Early Entry Access shall at Tenant’s sole risk and be subject to (and, during such period, Tenant must comply with) all of the terms and conditions contained in provisions of this Lease (other than Lease, excepting only the payment of Monthly Base Rent Rent. Additionally, Tenant agrees that (a) Landlord’s obligations to provide services to the Tenant Space and/or the equipment serving the Tenant Space shall commence on the Commencement Date and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in the Premises at any time apply during the Early Access Period. In addition , and (b) while Tenant shall not be required to pay Base Rent during the Early Access Period, Tenant shall be required to pay any and all electricity charges that accrue to the foregoing, Landlord shall have Premises during the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateAccess Period.
Appears in 1 contract
Early Access. Prior to the date the Landlord Work is Substantially Complete, Tenant’s access to the Premises shall permit 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 the Premises prior to the date the Landlord Work is Substantially Complete for the purpose of observing the construction of the Landlord Work. Early access to the Premises shall be subject to the terms and 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 purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (e.g., freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) or after 15 days prior to Substantial Completion of the Commencement Date (the “Early Access Period”) Landlord Work for the sole purpose of inspecting the Premises and installing wiring, cabling, installation of furniture, fixture, fixtures and equipment (including IT infrastructure), tenant art, and acoustic treatments (the “Early Entry”); ) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with Landlord’s Substantial Completion of any Landlord Work occurring in or around the Tenant Improvements (as defined in Exhibit FPremises, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such further provided that such Early Entry shall at Tenant’s sole risk and be subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including including, without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall not conduct provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its business in the Premises at any time during the Early Access Periodinsurance obligations. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on 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 Early Entry, and any delay in the Landlord Work attributable to such Early Entry will be deemed a Tenant Delay as Landlord shall reasonably deem appropriateprovided in this Lease.
Appears in 1 contract
Early Access. Provided that Master Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall permit Tenant may enter the have early access to Subleased Premises on the date Landlord reasonably determines up to be approximately ninety (90) days [***] prior to the Commencement Date but in all events by not later than [***] (the “Early Access PeriodDate”) for the sole purpose of inspecting the Premises and installing wiring, cabling, furniture, fixture, fixtures and equipment (including IT infrastructure)without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations to the Subleased Premises, tenant art, and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as at no additional charge to not interfere with LandlordSubtenant. Subtenant’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it access shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in of this Lease (other than Sublease, except the payment of Monthly Base Rent Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall equipment not conduct its business included in the FF&E being transferred to Subtenant from the Subleased Premises at any time during (the “Required Removables”) by not later than the Early Access PeriodDate or the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. In addition Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoing, Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateDeliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment thereto.
Appears in 1 contract
Sources: Sublease Agreement (Toast, Inc.)
Early Access. Landlord Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall permit Tenant may enter have reasonable access to the Premises on or any portion thereof (“Early Access”): (i) during completion of the date Landlord reasonably determines Leasehold Improvements to be approximately ninety coordinate installation of Tenant’s cabling and wiring; and (90ii) no less than fourteen (14) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose Substantial Completion to coordinate installation of inspecting the Premises and installing wiring, cabling, Tenant’s furniture, fixture, fixtures and equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early Entry”)to the extent such installation is allowed by the City of Austin prior to issuance of a certificate of occupancy; provided that in any such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If case Tenant’s Early Entry interferes with Landlord’s Substantial Completion Access does not unreasonably interfere with, or delay completion of the Tenant Improvements or the Landlord Leasehold Improvements, it shall be and Tenant first provides Landlord with a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord certificate of insurance certificates evidencing that Tenant has obtained as required under the insurance required pursuant to this 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 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 conduct to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its business contractors shall coordinate all activities with Landlord in the Premises at any time during the Early Access Period. In addition to the foregoingadvance and in writing, Landlord and shall have the right to impose such comply with Landlord’s reasonable additional conditions on instructions and directions so that Tenant’s early entry does not unreasonably interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Entry as Landlord Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall reasonably deem appropriatebe deemed a Tenant Delay.
Appears in 1 contract
Early Access. Landlord shall permit Tenant may to access and enter portions of the Premises prior to the applicable Lease Commencement Date and commencement of payment of Rent with respect to such spaces as provided in the following sentence. Tenant shall be granted access to: the Suite 400 portion of the Phase I Premises on the date Landlord reasonably determines to be approximately ninety mutual execution and delivery of this Lease and the Phase II Premises (90i.e., Suite 500 and Suite 575) days prior to the Commencement Date on November 15, 2015 (the “"Early Access Period”) Entry Dates"), solely for purposes of installing the sole Tenant Improvements. Such limited purpose entry and use of inspecting the Premises and installing wiring, 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 not interfere with Landlord’s Substantial Completion of the by Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s 's sole risk and shall also be subject to all of the terms and conditions contained in provisions of this Lease (other than including, but not limited to, the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery requirement to Landlord of insurance certificates evidencing that Tenant has obtained obtain the insurance required pursuant to this LeaseLease and to deliver insurance certificates as required herein. Notwithstanding the immediately preceding sentence, Tenant shall not conduct its business in be required to pay Rent (including any utilities costs incurred) prior to the Premises at any time during the Early Access Periodapplicable Lease Commencement Date. In addition to the foregoing, Landlord shall have the right to impose such additional reasonable additional conditions on Tenant’s Early Entry 's early entry as Landlord shall deem reasonably deem appropriate. Landlord 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 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 this Lease.
Appears in 1 contract
Early Access. Subject to the 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 permit Tenant may be permitted to enter the Premises on from and after the date Landlord reasonably determines to be approximately ninety that is fourteen (9014) days prior to the date that Landlord anticipates to be the Commencement Date (the “Early Access Period”) Date, solely for the sole purpose of inspecting the Premises and installing wiring, cabling, furniture, fixturefixtures and equipment. Further, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as to it does not interfere with the Landlord’s Substantial Completion performance of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall , at Tenant’s sole risk risk, shall be permitted to enter the Premises from and subject to all after the date that is one (1) day following mutual execution of the terms and conditions contained in this Lease (other than Lease, for the payment purpose of Monthly Base Rent and installing telecommunications wiring for Tenant’s Pro Rata Share of operations. Landlord may withdraw such permission for Tenant to enter the Operating Expenses)Premises, including without limitationif Landlord determines that such entry is causing a dangerous situation for Landlord, Tenant, Tenant’s prior delivery to Landlord vendors and contractors or other tenants in the Building or is delaying or interfering with the progress of insurance certificates evidencing that Tenant has obtained any work within the insurance required pursuant to this LeaseBuilding. Tenant shall not conduct its will have no 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 the Premises at any time during such early access period. If Tenant so commences business operations in the Early Access Period. In addition Premises, then the Commencement Date shall be deemed to have occurred on the foregoing, Landlord shall have the right to impose date that Tenant commences such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriatebusiness operations.
Appears in 1 contract
Sources: Office Lease Agreement (Thimble Point Acquisition Corp.)
Early Access. Landlord shall permit Notwithstanding anything to the contrary herein, Tenant may enter may, during the Premises on the date Landlord reasonably determines to be approximately ninety three (903) days week period prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, 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 not interfere with Landlord’s 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 Improvements (as defined in Exhibit Fshall 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 “Work Letter”) 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 Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with determines that such early access and installation activities will not delay Landlord’s Substantial Completion 's completion of the construction of the Tenant Improvements or Improvements. Landlord and Tenant shall cooperate in the Landlord Improvements, it shall be a scheduling of Tenant’s Delay 's early access to the Substitute Premises and Landlord may terminate of Tenant’s Early Entry's installation activities in an attempt to maximize the benefits to Tenant of this Paragraph 2.f. Such Early Entry shall at Tenant’s sole risk and subject to all without interfering with Landlord's completion of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share construction of the Operating Expenses)Tenant Improvements_ The provisions of Paragraph 9 of the Lease regarding alterations, including without limitationand the provisions of Paragraphs 13 and 14 of the Lease regarding indemnity, Tenant’s prior delivery to Landlord waiver and insurance, shall apply in full during the period of any such early entry, and Tenant shall (1) provide certificates of insurance certificates evidencing that the existence and amounts of liability insurance carried by Tenant has obtained the insurance required pursuant and its agents and contractors, reasonably satisfactory to this Lease. Tenant shall not conduct its business Landlord, prior to such early entry, and (ii) comply with all applicable legal requirements applicable to such early entry work in the Premises at any time during the Early Access Period. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateSubstitute Premises.
Appears in 1 contract
Sources: Office Lease (Kitara Media Corp.)
Early Access. Sections 2.2 & 2.2.1, above, notwithstanding, Landlord shall agrees, subject to the terms and conditions of this Section 2.2.3, to permit Tenant may enter and the Premises other Tenant Parties to have Early Access in the Premises, on and after the date Landlord reasonably determines 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 approximately ninety (90unreasonably withheld) days prior with regard to each item of Tenant Work that any of such parties desire to undertake during the Commencement Date (the “Early Access Period”) for .
2.2.3.1 Notwithstanding anything in this Lease to the sole purpose of inspecting contrary, the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early Entry”); provided that Access Period may be reduced by Landlord to the extent such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry Access materially interferes with Landlord’s Substantial Completion of ability to complete the Tenant Improvements Commencement Date Conditions on or before the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Target Commencement Date. Tenant’s Early Entry. Such Early Entry Access shall at Tenant’s sole risk and be subject to (and, during such period, Tenant must comply with) all of the terms and conditions contained in provisions of this Lease (other than Lease, excepting only the payment of Monthly Base Rent Rent. Additionally, Te▇▇▇▇ ▇grees that (a) Landlord’s obligations to provide services to the Tenant Space and/or the equipment serving the Tenant Space shall commence on the Commencement Date and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in the Premises at any time apply during the Early Access Period. In addition , and (b) while Tenant shall not be required to pay Base Rent during the Early Access Period, Tenant shall be required to pay any and all electricity charges that accrue to the foregoing, Landlord shall have Premises during the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateAccess Period.
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Early Access. Landlord shall permit When, in Landlord’s reasonable judgment, ▇▇▇▇▇▇▇▇’s Work with respect to the portion of the Premises not currently occupied by ▇▇▇▇▇▇ has proceeded to a point where Tenant may enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiringinstall wires, cablingcables, furniture, fixture, fixtures and equipment (including IT infrastructure)“Tenant’s Work”) therein without interfering with the performance of the Landlord’s Work, tenant artLandlord shall so notify Tenant and, from and after 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, ▇▇▇▇▇▇ 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 acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as b) to not interfere comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Landlord’s Substantial Completion of Work the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Work. Such access by Tenant Improvements or the Landlord Improvements, 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 subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share applicable provisions of the Operating Expenses)Lease, including without limitationexcept that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any rent, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. and (y) Tenant shall not conduct its business in be deemed thereby to have taken or accepted possession of the Premises at or any time during portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the Early Access Period. In addition obligations described or referred to the foregoingabove, then immediately upon notice to Tenant, Landlord shall have the right to impose such reasonable additional conditions on may revoke Tenant’s Early Entry as right of access. Landlord shall reasonably deem appropriateassume 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)
Early Access. Notwithstanding anything to the contrary contained herein, commencing as of the date that is [***] prior to the Commencement Date, Landlord shall permit Tenant may and Tenant’s agents and contractors to enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early EntryAccess”) solely for purposes of allowing Tenant (i) to perform basic troubleshooting of existing ethernet cables (which may include popping open ceiling tiles and tracing existing cables to ensure good working order), (ii) inspecting and troubleshooting existing IT items inside the server room/IDF, (iii) running ISP check and diagnostics, and (iv) running new ethernet cables (“Fit-Up Work”); provided that . Any such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion entry into and occupation of the Premises by Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, 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 subject deemed to be under all of the terms terms, covenants, conditions and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share provisions of the Operating Expenses)Lease, including including, without limitation, the Tenant’s prior delivery covenant to refrain from conducting business or operations in the Premises for the Permitted Use, as well as the obligations of Tenant with respect to indemnification and insurance, except only as to the covenant to pay Rent. Without limiting the foregoing, Tenant shall not be allowed Early Access unless and until Tenant has provided Landlord with the certificate(s) of insurance certificates evidencing the insurance coverages that Tenant has obtained the insurance required is obligated to maintain pursuant to this Lease. Tenant Landlord shall not conduct its business be liable in any way for any injury, loss or damage to any Fit-Up Work, whether before or after the Commencement Date, as defined in the Lease, unless directly caused by a negligent act or omission of Landlord. The commencement of business operations or use of the Premises at by Tenant or any time during Tenant Party for any activities or uses other than the Early Access Period. In addition to Fit-Up Work shall trigger the foregoing, Landlord shall have Commencement Date under the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateLease.
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Early Access. Landlord shall permit Tenant may enter Notwithstanding the foregoing, if Tenant, with Landlord's prior written approval, takes possession of the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and performing any Landlord approved improvements therein or installing wiring, cabling, furniture, fixtureequipment or other personal property of Tenant, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it possession shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. , except that Tenant shall not conduct its business in the Premises at any time during the Early Access Period. In addition be required to pay Base Rental or Additional Base Rental with respect to the foregoing, Landlord period of time prior to the Commencement Date during which Tenant performs such work. Nothing herein shall have be construed as granting Tenant the right to impose such reasonable additional conditions on Tenant’s Early Entry as take occupancy of the Premises prior to the Commencement Date, whether for construction, fixturing or any other purpose, without the prior written consent of Landlord. The Landlord shall reasonably deem appropriatedeliver 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 or Landlord's contractor. Prior to Tenant taking possession, Landlord and Tenant shall inspect the Premises in order to confirm the status of the Landlord Work.
Appears in 1 contract
Early Access. Landlord Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall permit Tenant may enter have reasonable access to the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early EntryAccess”)) during completion of the Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring and during the 30-day period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided that in any such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If case Tenant’s Early Entry interferes with Landlord’s Substantial Completion Access does not unreasonably interfere with, or unreasonably delay completion of the Tenant Improvements or the Landlord Leasehold Improvements, it shall be and Tenant first provides Landlord with a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord certificate of insurance certificates evidencing that Tenant has obtained as required under the insurance required pursuant to this 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 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 conduct to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its business contractors shall coordinate all activities with Landlord in the Premises at any time during the Early Access Period. In addition to the foregoingadvance and in writing, Landlord and shall have the right to impose such reasonable additional conditions on comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Entry as Landlord Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall reasonably deem appropriatebe deemed a Tenant Delay.
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Early Access. Following not less than twenty-four (24) hours notice to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant may and its agents to enter the Premises on the date Landlord reasonably determines to be approximately ninety no less than seven (907) days prior to the Commencement Delivery Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiringinstalling, 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 not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk cost and subject 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 terms and conditions contained in provisions of this Lease (other than the payment of Monthly Base Rent and 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 Pro Rata Share risk. All costs and expenses in connection with or arising out of the Operating Expenses)performance of any work by Tenant during such early entry shall be borne by Tenant, including without limitationand all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Leaseat its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall not conduct defend, indemnify and hold Landlord and its business in the Premises at members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any time during the Early Access Period. In addition and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the foregoingextent 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 impose 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 reasonable additional entry with Landlord's building manager, and such entry shall be made in compliance with all terms and conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateof this Lease and the Rules and Regulations attached hereto.
Appears in 1 contract
Early Access. Landlord shall permit Tenant may enter For the Premises on period from March 1, 2010 (or such other date as is mutually approved by the date Landlord reasonably determines to be approximately ninety (90parties in writing) days prior to the Commencement Date (the “Early Access Period”) ), Tenant may enter the Premises at its sole risk and expense for the sole limited purpose of inspecting the Premises and installing wiring, 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 not interfere with Landlord’s Substantial Completion of completing the Tenant Improvements (as defined and installing equipment and fixtures in preparation for Tenant’s occupancy, subject to the terms and conditions of this Section 2.2; provided, however, if all of the conditions subsequent set forth in Exhibit FB to the Parking Lot Lease are satisfied prior to March 1, 2010, then the “Work Letter”) Early Access period shall commence immediately upon the full and complete satisfaction of such conditions subsequent. Landlord shall have no liability or the Landlord Improvements (defined in Paragraph 13(a) below). If responsibility for loss of or damage or injury to any of Tenant’s employees, contractors, representatives, agents, or invitees, or to any of Tenant’s property on or about the Premises during the Early Entry interferes with LandlordAccess Period. Tenant’s Substantial Completion entry onto and use of the Tenant Improvements or Premises during the Landlord Improvements, it Early Access Period pursuant to this Section 2.2 shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in of this Lease (other than the payment of Lease, excluding only Tenant’s obligation to pay Monthly Base Rent and additional rent (including Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing except that Tenant has obtained the insurance required pursuant will be responsible to this Lease. Tenant shall not conduct pay utility charges directly attributable to its business in the Premises at any time activities during the Early Access Period. In addition Prior to its early entry on the Premises, Tenant shall provide Landlord with evidence of all insurance required of Tenant or its contractors under this Lease. Notwithstanding the foregoing, Landlord shall have no liability or responsibility with respect to dust, dirt or other conditions resulting from Landlord or Landlord’s agents, employees, contractors, invitees or tenants in the right Premises or Project during the Early Access Period. Tenant agrees to impose such reasonable additional conditions on exercise Tenant’s rights hereunder during the Early Entry Access Period so as to not interfere in any material way with Landlord shall reasonably deem appropriateand Landlord’s agents, employees, contractors, invitees or tenants in the Premises or Project.
Appears in 1 contract
Sources: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)
Early Access. Landlord Notwithstanding the foregoing, Sublandlord shall permit Tenant may enter provide Subtenant with early access to the Premises on from and after the date Landlord reasonably determines to be approximately ninety (90) days prior to Consent Date though the Commencement Date (the “Early Access Period”) for ). During the sole purpose of inspecting Early Access Period, Subtenant may use the Premises and for purposes of establishing telecommunications connectivity, installing wiring, cabling, furniture, fixturefixtures and equipment, equipment and otherwise preparing the Premises for Subtenant’s use and occupancy. During the Early Access Period, Subtenant shall not unreasonably interfere with any work being performed within the Building by 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 (including IT infrastructuredefined 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 opposed to using the Early Access Period to prepare the Premises for Subtenant’s use and occupancy), tenant art, the Commencement Date shall occur and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, 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 subject to all of the terms and conditions contained in of this Lease (other than Sublease shall apply including the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery obligation to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in the Premises at any time during the Early Access Period. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriatepay all Rent.
Appears in 1 contract
Sources: Sublease (Dexcom Inc)
Early Access. Landlord shall permit Tenant may enter the Premises From and after completion of Landlord’s Work as specifically described on the date Landlord reasonably determines to be approximately ninety (90) days prior to Exhibit D attached hereto, and continuing up and until the Commencement Date (the “Early Access Period”) ), Landlord shall permit Tenant to enter into the Premises for the sole purpose of inspecting completing Landlord- approved work to fixture the Premises for Tenant’s business operations, which shall be performed at Tenant’s sole cost and installing wiring, cabling, furniture, fixture, equipment expense and shall be subject to all applicable ordinances and building codes or other laws governing Tenant’s right to occupy or perform in the Premises prior to the Commencement Date. Such entry into the Premises shall also be subject to the requirements that (including IT infrastructure), tenant art, and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as 1) prior to not interfere with Landlord’s Substantial Completion Tenant or any of the Tenant Improvements Parties obtaining access or entry to the Premises, Tenant must first satisfy the Access Conditions (as defined hereinafter defined), and (2) Tenant and any and all Tenant Parties shall not disturb the tenancies of 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 Exhibit Fany 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 “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall 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 all (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 terms Security Deposit required under this Lease) required to be paid by Tenant to Landlord simultaneously with the execution and conditions contained in delivery of this Lease (other than the payment of Monthly Base Rent conditions described in clauses (A) and Tenant’s Pro Rata Share of (B) are collectively referred to herein as the Operating Expenses“Access Conditions”), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in place all utilities into their name prior to the Premises at any time during commencement of the Early Access Period. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriate.
Appears in 1 contract
Sources: Industrial Building Lease (NANOPHASE TECHNOLOGIES Corp)
Early Access. Landlord Subject to all Legal Requirements (as defined below) and Section 1(J) above, Tenant shall permit Tenant may be permitted to enter into the Premises (or any portion thereof) on the date that Landlord reasonably determines to be approximately ninety (90) days prior to causes the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, 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 not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined reasonably determined in Exhibit F, the “Work Letter”writing by Landlord) or such earlier date as is mutually acceptable to Landlord and Tenant, for the sole purpose of installing its furniture, trade fixtures, data and telephone cabling, and equipment. Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s shall continue to diligently pursue the Substantial Completion of the Tenant Improvements or following any early entry by Tenant prior to such Substantial Completion. If Tenant enters the Landlord ImprovementsPremises prior to the Substantial Completion of the Tenant Improvements pursuant to this Section 2(a), it then Tenant shall be a 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 Delay 's employees, vendors, and consultants to work in harmony with Landlord may terminate Tenant’s Early Entryand Landlord's contractors and consultants to minimize any interference or delay with respect to the construction of the Tenant Improvements. Such Early Entry 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 at Tenant’s sole risk and subject to all immediately occur). All of the terms and conditions contained provisions of this Lease shall apply to Tenant during any early entry, including, without limitation, the indemnities set forth in this Lease (other than Lease, but excluding only the payment of Monthly obligation to pay Base Rent and Tenant’s Pro Rata Share of Direct Costs until the Operating Expenses)Rent Commencement Date has occurred. Notwithstanding the foregoing, including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business be responsible for payment of all utility costs with respect to the Premises during Tenant's early occupancy that are attributable to Tenant's activities in the Premises (as reasonably determined by Landlord) and shall pay such costs to Landlord within thirty (30) days after demand from time to time. During any such early entry, Landlord shall not 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 time during the Early Access Period. In addition injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns, licensees or invitees, except for property damage and personal injury to the foregoingextent caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors. Landlord shall have the right to impose such reasonable additional conditions on Tenant’s Early Entry as post appropriate notices of non-responsibility and to require Tenant to provide Landlord shall reasonably deem appropriatewith evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Lease.
Appears in 1 contract
Early Access. Landlord shall permit 2.4.1 Subject to the terms and conditions of this Section 2.4, Tenant may may:
2.4.1.1 enter the Premises on the date Landlord reasonably determines to be approximately ninety at least fifteen (9015) days prior to the Commencement Date (Substantial Completion of the “Early Access Period”) Landlord Work for the sole purpose of inspecting installing Tenant’s furniture, fixtures and equipment therein; provided, however, that Tenant shall only be permitted to enter such portions of the Premises, and at such times, as Landlord reasonably determines will not interfere with the performance of the Landlord Work; and
2.4.1.2 enter the Premises for a period of thirty (30) days from the date (or deemed date) of the Substantial Completion of the Landlord Work to the Commencement Date.
2.4.2 Notwithstanding the foregoing, in no event shall Tenant have the right to enter the Premises until such time as Tenant has delivered to Landlord all monetary amounts due upon execution of this Lease and installing wiringprovided Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Lease. All of the provisions of this Lease shall apply to Tenant during any early entry, cablingincluding, furniturewithout limitation, fixture, equipment (including IT infrastructure), tenant art, the indemnities set forth in this Lease and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as Tenant’s obligation to not interfere with Landlord’s Substantial Completion the performance of the Landlord Work, but excluding only the obligation to pay Base Rent and Operating Expenses until the Commencement Date has occurred, whereupon Base Rent and Operating Expenses shall immediately commence (except as otherwise expressly provided herein). During any such early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction, to any work or material installed or stored by Tenant Improvements (as defined in Exhibit F, at the “Work Letter”) Premises or the Landlord Improvements for any injury to Tenant or any Tenant Parties (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, 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 subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in the Premises at any time during the Early Access Period. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on post appropriate notices of non- responsibility in connection with any early entry by Tenant’s Early Entry as Landlord shall reasonably deem appropriate.
Appears in 1 contract
Early Access. Landlord Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall permit Tenant may enter have reasonable access to the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, and acoustic treatments (“Early EntryAccess”)) during completion of the Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided that in any such Early Entry is conducted in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If case Tenant’s Early Entry interferes with Landlord’s Substantial Completion Access does not unreasonably interfere with, or unreasonably delay completion of the Tenant Improvements or the Landlord Leasehold Improvements, it shall be and Tenant first provides Landlord with a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord certificate of insurance certificates evidencing that Tenant has obtained as required under the insurance required pursuant to this 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 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 conduct to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its business contractors shall coordinate all activities with Landlord in the Premises at any time during the Early Access Period. In addition to the foregoingadvance and in writing, Landlord and shall have the right to impose such reasonable additional conditions on comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Entry as Landlord Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall reasonably deem appropriate.be deemed a Tenant Delay.
Appears in 1 contract
Sources: Lease Agreement (Passage BIO, Inc.)
Early Access. Landlord Tenant shall permit Tenant may be permitted to enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose purposes of inspecting the Premises and installing wiringTenant’s cabling, cablingsecurity system, furniture, fixturefixtures and equipment; provided, equipment (including IT infrastructure)however, tenant artthat 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 acoustic treatments Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (“Early Entry”); provided and Tenant acknowledges and agrees that such Early Entry is conducted any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in a manner as to not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) belowCommencement Date shall be deemed reasonable). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion Except as provided in this Section 2.8, such early access and the installation of the Tenant Improvements or the Landlord Improvementssuch cabling, it security system, furniture, fixtures and equipment shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk and subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall will not conduct its business in the Premises at any time be obligated to pay rent during the Early Access Period. In addition 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 foregoingnature of such interference, Landlord shall have the right to impose such reasonable additional conditions on terminate Tenant’s Early Entry early access. Other than with respect to the gross negligence of Landlord or Landlord’s agents, Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Premises during any period of early access, as Landlord shall reasonably deem appropriateconstruction and other activities may be ongoing.
Appears in 1 contract
Sources: Office Lease (Zogenix, Inc.)
Early Access. Landlord shall permit Tenant may enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) days prior to the Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, 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 not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, 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 subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in the Premises at any time during the Early Access Period. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on occupy the Premises as of the mutual execution and delivery of this Lease by Landlord and Tenant and the payment of the Security Deposit as required herein. Such early access to the Premises by Tenant shall be solely for the purpose of performing Tenant’s Early Entry Work (defined below) in accordance with the terms of 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 such early access shall be subject to the following conditions: (i) prior to Tenant’s entry into the Premises, Tenant provides Landlord with proof that Tenant has the insurance that Tenant is required to maintain under this Lease, (ii) 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 reasonably deem appropriatebe 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.
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Early Access. From and after March 8, 2019, or such later time as Landlord determines that the Landlord Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of the remaining elements of the Landlord Work, in accordance with and subject to the terms and conditions of Section 5.1 of the Work Letter, Landlord shall permit Tenant may to enter the Premises on for the date 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 reasonably determines shall have no liabilities or obligations to be approximately ninety (90) days prior 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 (the “Early Access Period”) for the sole purpose may not yet have occurred, Tenant shall be bound by and shall comply with all provisions of inspecting the Premises and installing wiringthis Lease, cablingincluding, 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 not interfere with Landlord’s Substantial Completion of the Tenant Improvements (as defined in Exhibit Fwithout limitation, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion provisions of the Tenant Improvements or the Landlord Improvements, 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 subject to all of the terms and conditions contained in this Lease (other than regarding the payment performance of Monthly alterations, improvements and installations in the Premises; provided, however, Tenant will not be obligated to pay Base Rent and Rent, Tenant’s 's Pro Rata Share of the Operating Expenses)Tax Excess, including without or Tenant's Pro Rata Share of the Expense Excess prior to the Commencement Date. Without limitation, Tenant’s prior delivery to Landlord all of insurance certificates evidencing that such work performed by Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct its business in the Premises at shall be coordinated with any time during the Early Access Periodwork being performed by Landlord and in such manner as to maintain harmonious labor relations. In addition to no event shall any such work by Tenant damage the foregoing, Building or the Premises or interfere with the timely performance and completion of the Landlord Work. Such early access shall have be on all the right to impose such reasonable additional terms and conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriateof this Lease.
Appears in 1 contract
Early Access. Prior to the date the Landlord Work is Substantially Complete, Tenant’s access to the Premises shall permit be permitted only with the prior written consent of Landlord. Early 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 purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (e.g., freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises on the date Landlord reasonably determines to be approximately ninety (90) no more than 15 days prior to the anticipated Commencement Date (the “Early Access Period”) for the sole purpose of inspecting the Premises and installing wiring, cabling, furniture, fixture, fixtures and equipment (including IT infrastructure), tenant art, and acoustic treatments (the “Early Entry”); ) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with Landlord’s Substantial Completion of any Landlord Work occurring in or around the Tenant Improvements (as defined in Exhibit FPremises, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or the Landlord Improvements, it shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such further provided that such Early Entry shall at Tenant’s sole risk and be subject to all of the terms and conditions contained in this Lease (other than the payment of Monthly Base Rent and Tenant’s Pro Rata Share of the Excess Operating Expenses), including including, without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall not conduct provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its business in the Premises at any time during the Early Access Periodinsurance obligations. In addition to the foregoing, Landlord shall have the right to impose such reasonable additional conditions on 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 Early Entry, and any delay in the Landlord Work attributable to such Early Entry will be deemed a Tenant Delay as Landlord shall reasonably deem appropriateprovided in this Lease.
Appears in 1 contract
Sources: Office Lease (Varolii CORP)
Early Access. 2.3.1 Notwithstanding anything contained in this Lease to the contrary, Landlord shall permit allow Tenant may enter and Tenant’s Agents, representatives and contractors access to the Premises on after full execution of this Lease for the date Landlord reasonably determines to be approximately ninety (90) days purpose of planning, staging and installing the Tenant Improvements and otherwise preparing the Premises for Tenant’s use and occupancy prior to the Commencement Date (Date, including without limitation the “Early Access Period”) for installation of wiring, telecommunication systems, furniture, tenant fixtures, and general setup. Such access shall be governed by the sole purpose terms and conditions of inspecting this Lease; however, in no event shall any Base Rent or Additional Rent be payable during such early access period. Landlord shall cooperate fully with Tenant in its efforts to complete the Tenant Improvements and prepare the Premises and installing wiring, cabling, furniture, fixture, equipment (including IT infrastructure), tenant art, Building for Tenant’s use and acoustic treatments (“Early Entry”); provided that such Early Entry is conducted in a manner as to not interfere with Landlord’s occupancy. If Substantial Completion of the Tenant Improvements has not occurred by December 20, 2004 because (as defined a) Landlord has caused a delay in Exhibit F, the “Work Letter”) or the Landlord Improvements (defined in Paragraph 13(a) below). If Tenant’s Early Entry interferes with Landlord’s Substantial Completion of the Tenant Improvements or (b) the systems and facility servicing the Building and Premises (other than those listed as Landlord ImprovementsImprovements on Exhibit G) are not reliably functioning, it Tenant’s early access right shall include the right to conduct its business operations from the Premises to the extent permitted by Governmental Requirements.
2.3.2 Prior to any early occupancy by Tenant, Tenant shall have delivered to Landlord certificates of insurance confirming that Tenant has in force the insurance required by this Lease. Prior to commencement of any improvement construction or fixture installation or any other work, Tenant shall have delivered to Landlord a certificate confirming that Tenant’s general contractor maintains commercial general liability insurance written on an occurrence basis, with a combined single limit of not less than $2,000,000, identifying Landlord and Manager as additional named insureds, worker’s compensation insurance in statutory amounts and employer liability insurance with a limit of not less than $1,000,000. Tenant’s entry into the Premises prior to the Commencement Date shall be a Tenant’s Delay and Landlord may terminate Tenant’s Early Entry. Such Early Entry shall at Tenant’s sole risk risk, except for the negligence or willful misconduct of Landlord, and subject to all of the terms and conditions contained in of this Lease (other than the payment obligation to pay rent).
2.3.3 Any work or installation (including installation of Monthly Base Rent and Tenant’s Pro Rata Share office cubicles) performed by Tenant shall be completed in compliance with the provisions of the Operating Expenses), including without limitation, Tenant’s prior delivery to Landlord of insurance certificates evidencing that Tenant has obtained the insurance required pursuant to this Lease. Tenant shall not conduct knowingly engage or allow its business in general contractor to retain any and subcontractors of any tier who (a) are not parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Premises at any time during Building and Construction Trades Council of the Early Access Period. In addition AFL-CIO applicable to the foregoinggeographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) who do not employ members of such labor organizations to perform work within their respective jurisdictions, Landlord shall have unless no subcontractor fitting the right to impose such reasonable additional conditions on Tenant’s Early Entry as Landlord shall reasonably deem appropriatedescriptions in preceding clauses (a) and (b) is available within the respective jurisdiction for that particular item of work or type of installation.
Appears in 1 contract
Sources: Triple Net Lease (HouseValues, Inc.)