Common use of Early Access Clause in Contracts

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.

Appears in 2 contracts

Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Early Access. Landlord shall Sublessor will allow Tenant early Sublessee access to the Premises approximately forty five Remainder Space (45except for Suite 150) days prior from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to LI Substantial CompletionSuite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that all Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord first day Sublessee accesses the first month’s Base Rent pursuant to Section 3.01 and Remainder Space. Utility costs for the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period Remainder Space during the Early Access Period will be deemed to begin on pro-rated between Sublessee and Sublessor based upon the date that Landlord delivers written notice approximate rentable area of the commencement Remainder Space each party has the right to use in relation to the total rentable area of the early access periodRemainder Space, subject as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the conditions for early access above. Tenant’s Remainder Space (but failure to meet any provide proof of the conditions for early access shall insurance will not extend or delay the Commencement Date. The purpose of Tenantaffect Sublessee’s early access is only for Tenant obligation to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premisespay utility costs). Notwithstanding anything to the contrary in this Leaseforegoing, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event that Sublessor has not tendered delivery of any interferencethe Remainder Space to Sublessee on or before November 1, Landlord shall have 2018 (the right to immediately terminate Tenant’s early access rights and time lost due to such interference “Outside Date”), which date shall be considered extended on a Tenant Delay. Any materials day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of Tenant insurance) or its contractorsForce Majeure events, agents or vendors stored in then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Premises during such early access period Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.

Appears in 2 contracts

Sources: Sublease (Gossamer Bio, Inc.), Sublease (Gossamer Bio, Inc.)

Early Access. Landlord (i) Subject to receipt of Master Landlord’s Consent, Subtenant shall allow Tenant have early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all portion of the following have occurred: Subleased Premises consisting of approximately 9,789 rentable square feet as shown on Exhibit D hereto and identified therein as “Initial ConforMIS Space” (ithe “Early Access Area”) for the period commencing on June 15, 2012, or such earlier date as Sublandlord may determine in its sole discretion (the “Early Access Date”) until the Sublease Commencement Date (the “Early Access Period”), for the purposes of installing its telecommunications equipment, validating business equipment and operating any such validated equipment in support of Subtenant’s standard business operations (the “Early Access Work”). All Early Access Work shall be performed in accordance with the terms of the Master Lease, including but not limited to Section 6 thereof. In the event of a conflict between the terms and conditions of the Master Lease and the terms and conditions of this Section 2(d), the Master Lease is fully executed and delivered by Landlord and Tenant; shall control. (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. TenantSubtenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises rights granted herein shall be subject to all the terms and conditions of this Sublease, including without limitation all insurance and maintenance obligations, except that no Base Rent or Additional Rent under Section 4(d) herein will be charged to Subtenant during the Early Access Period. Notwithstanding the foregoing, Subtenant will be responsible for paying the Estimated Electricity Usage Charge during the Early Access Period based only on the 1st floor portion of the provisions of this Lease. HoweverEarly Access Area, early access as provided for in Section 5(a) below. (iii) Prior to the Early Access Date, Sublandlord will, at its sole cost and expense, construct such demising partitions as may be necessary in Sublandlord’s sole discretion to separate the Early Access Area from the remainder of the Premises Subleased Premises. Sublandlord shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenantremove such demising partitions at Sublandlord’s business expense at the Premises. Notwithstanding anything end of the Early Access Period and repair any damage caused by the removal of the partitions and restore to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order its previous condition. (iv) Subtenant agrees that (i) it will use commercially reasonable efforts to ensure that Tenant’s early occupancy does not interfere with Sublandlord’s use of or access to the work remainder of Landlord or the Subleased Premises during the Early Access Period, (ii) Subtenant and its contractors shall conduct the Early Access Work in a manner that shall minimize disruption and in inconvenience to other tenants and occupants of the event of any interferenceBuilding, Landlord and (iii) Sublandlord’s representative shall have the right to immediately terminate Tenantinspect any work performed by Subtenant or its contractor during the normal hours of operation of the Building or such other hours as Sublandlord may reasonably request. (v) Sublandlord makes no representation or warranty that the Early Access Area will be adequate to satisfy Subtenant’s early needs with respect to the Early Access Work. Subtenant has previously inspected the Early Access Area and has satisfied itself as to the adequacy of such space. Notwithstanding the foregoing, Sublandlord agrees to cooperate with Subtenant and allow Subtenant reasonable access rights and time lost due to such interference other portions of the Subleased Premises to the extent reasonably necessary to perform the Early Access Work, which access (i) shall be considered a Tenant Delay. Any materials requested (in writing, if commercially practicable, otherwise orally) at least twenty-four (24) hours in advance and (ii) may require, at Sublandord’s sole discretion, continuous escort by authorized personnel of Tenant Sublandlord. (vi) Subtenant agrees to comply with the following terms and conditions during the performance of the Early Access Work: (A) Subtenant shall keep all public and common areas of the Building where such work is being performed neat and clean at all times and Subtenant shall remove or cause all debris to be removed from the Building at the end of each work day. (B) Subtenant shall promptly repair, at its sole cost and expense, any damage done to the Building or to the premises of any other tenant in the Building and to any existing heating, ventilating and air conditioning system (“HVAC”), electrical, plumbing, fire alarm, sprinkler and lighting systems serving the Building or other common areas appurtenant to the Building that are caused by or arise out of any work performed by Subtenant or its contractors, agents or vendors stored in the Premises during contractor pursuant to this Section. (C) Any contractor performing such early access period Early Access Work shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior subject to the Commencement Date. Tenant shall access the Premises during the period prior written approval of early access at Tenant’s sole risk. Landlord Sublandlord, which approval shall not be liable for any destructionunreasonably withheld, theftconditioned or delayed, vandalism or any other damage and Master Landlord if required pursuant to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out the terms and conditions of the Premises until Landlord Master Lease. (D) In performing such work, Subtenant and its contractor shall observe Master Landlord’s and Sublandlord’s commercially reasonable rules and regulations regarding the construction, installation, and removal of tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Subtenant, in writing, prior to enforcement. (E) Subtenant shall be solely responsible at its sole cost and expense to correct and to repair any work or Tenantmaterials installed by Subtenant or Subtenant’s contractor, and Sublandlord shall have no liability to Subtenant whatsoever on account of any work performed or material provided by Subtenant or its contractor. (F) All work done and materials furnished by Subtenant and/or its contractor shall be of such quality, shall be performed in such manner and in accordance and compliance with such Laws (as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of hereinafter defined) as required for work done and materials furnished by Sublandlord and/or its contractor pursuant to the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Master Lease.

Appears in 2 contracts

Sources: Sublease (ConforMIS Inc), Sublease (ConforMIS Inc)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed Subtenant and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord Subtenant's representatives shall have the right to immediately terminate Tenant’s early enter the Subleased Premises from and after the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the "Early Access Date") for the sole purposes of installation of Subtenant's initial Subtenant Improvements (defined in Section 16.2 below), all subject to the terms, conditions and requirements of the Master Lease. All of the rights and time lost due obligations of the parties under this Sublease (other than Subtenant's obligation to such interference pay Base Rent and Subtenant's Percentage Share of Operating Costs, but expressly including without limitation, Subtenant's obligation to carry insurance pursuant to the Master Lease, and Subtenant's indemnification obligations, and/or liability for damages, reasonable costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant's part to comply with the terms of this Sublease) shall commence upon the Early Access Date, and Subtenant shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in deemed to occupy the Subleased Premises during such early access period shall be at Tenant’s sole risk from and Landlord will have no obligation to secure after the Premises prior to the Commencement Early Access Date. Tenant Subtenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destructiondamages to the Subleased Premises caused by Subtenant's activities at the Subleased Premises from and after the Early Access Date and, theftprior to entering the Subleased Premises, vandalism or any other damage Subtenant shall obtain all insurance it is required to any personal property placedobtain hereunder, kept or stored by or on behalf and shall provide certificates of Tenant or permitted such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, and such entry shall be placedmade in compliance with all terms and conditions of this Sublease, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of Master Lease and the Premises for rules and regulations attached to the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Master Lease.

Appears in 2 contracts

Sources: Sublease Agreement (Epocrates Inc), Sublease Agreement (Epocrates Inc)

Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall allow provide Tenant with early access to the Premises approximately forty five on the latest to occur of (45i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to LI Substantial Completion, provided that all Landlord’s then-estimated date of delivery of the following have occurred: Premises (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord in any case, the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all “Access Date”). Such period of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay commence on the Access Date and continue through the date immediately preceding the Commencement Date. The purpose of Date (the “Early Access Period”), and Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to during the Premises Early Access Period shall be subject to all of the provisions terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). HoweverNotwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises shall not advance to Tenant in the expiration date of condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall notify Landlord promptly upon commencing commercial operation (x) provide certificates of Tenant’s business at insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. Notwithstanding anything to the contrary in this Lease, If Landlord and Tenant shall reasonably cooperate in order to ensure determines that Tenant’s early occupancy does not interfere access is interfering in any material way with Landlord’s ability to deliver possession of the work of Landlord or its contractors and Premises in the event of any interferencecondition required under this Lease and/or to complete the Work, then Landlord shall have the right to immediately terminate limit or otherwise restrict Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for Early Access Period without any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04liability.

Appears in 2 contracts

Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Early Access. Landlord shall allow 5.3.1 If Tenant early elects to use Landlord’s Contractor to construct the Tenant Improvements, Tenant and its authorized agents, employees and contractors shall, at all reasonable times during the thirty (30) day period prior to the Turnover Date for each floor as set forth in Article 5.1.2, have the right, at Tenant’s and Tenant’s agents’, employees’ and contractors’ own risk, expense and responsibility, to have access to such floor or space solely for the Premises approximately forty five (45) days prior purpose of preparing such floor for Tenant’s Open for Business Date, subject to LI Substantial Completionall applicable laws, ordinances, regulations, covenants and restrictions from any governmental authorities, and provided that all of in so doing Tenant shall not unreasonably interfere with or delay the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Base Building Work or Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required Improvements to be carried performed by Tenant hereunder and similar insurance coverage for Landlord’s Contractor within such phase or floor or within any and all of Tenant’s vendors and/or contractorsother floors within the Building. In connection with Tenant’s early access period will be deemed rights, Landlord covenants and agrees to begin on provide Tenant and its authorized agents, employees and contractors with access (i) within the date that Landlord delivers written notice Building through such Building Commons Areas, including, without limitation, hallways, loading docks and elevators within the Building as are reasonably necessary to gain access to and from any floor delivered to Tenant pursuant to this Article 5 and (ii) to and from the Building over and across the Project Common Areas to any and all public rights of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only way sufficient for Tenant to install racking construct the Demised Premises, such access rights being granted for the purposes of allowing Tenant to (A) complete construction of the Tenant Improvements, if applicable, (B) prepare to begin its beneficial interest in the Demised Premises, i.e., to open for business, and other improvements and for no other purpose(C) obtain necessary temporary or permanent certificates of occupancy. Subject to the waivers of subrogation set forth in Article 17, if, upon Tenant’s early use of any such Building Common Areas or Project Common Areas, such Building Common Areas or Project Common Areas are damaged in any way by Tenant or its authorized agents, employees or contractors, Tenant shall be responsible for and diligently repair any such damage as soon as practical. 5.3.2 If Tenant or its authorized agents, employees and contractors is granted access to the Premises shall be subject to all any portion of the provisions Building prior to the Turnover Date in accordance with this Article 5.3, Tenant and its authorized agents, employees and contractors shall each abide by the terms and conditions of this Lease. However, early provided that upon any such access of by the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its agents, employees or contractors, agents or vendors stored in the Premises during such early access period then (a) Tenant shall be at Tenant’s sole risk and Landlord will have no obligation to secure pay the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord Rent or any portion thereof until it becomes due in accordance with Article 6 and (b) this Lease shall not be liable deemed to have commenced as a result of such access for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf purposes of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of calculating the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Lease Term.

Appears in 2 contracts

Sources: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)

Early Access. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall allow permit Tenant early access and its agents to enter the applicable Premises approximately forty five up to sixty (4560) days prior to LI Substantial Completionthe applicable Commencement Date (“Early Access Period”) for the sole purpose of installing, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of at Tenant’s vendors and/or contractors. Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the applicable Premises; provided, however, that in no event shall such early access period will be deemed to begin on the date that Landlord delivers written notice access, regardless of the commencement of the early access periodwhen provided, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay otherwise affect the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking , at its sole cost and other improvements and for no other purpose. Tenant’s early access expense, may enter the Premises prior to the Premises Early Access Period to conduct indoor air samples, subject to Landlord’s prior written consent, which shall not be unreasonably withheld or delayed, and provided that ▇▇▇▇▇▇ uses ▇▇▇▇ Environmental (or if ▇▇▇▇ Environmental is not available, another environmental consultant selected by Tenant, subject to Landlord’s reasonable approval) to gather and analyze any such air samples; any such entry by Tenant shall be subject to all other terms and conditions of this Section 41.1. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon ▇▇▇▇▇▇’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by ▇▇▇▇▇▇’s activities at the Premises. Such license is further conditioned upon the compliance by ▇▇▇▇▇▇’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this LeaseLease except as expressly set forth in this Section 41.1. HoweverDuring the Early Access Period, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole riskpay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any destructioninjury, theft, vandalism loss or any other damage which may occur to any personal property placedsuch work being performed by ▇▇▇▇▇▇, kept the same being solely at Tenant’s risk. All costs and expenses in connection with or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate arising out of the Premises until Landlord or performance of any work by ▇▇▇▇▇▇ during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as applicablethey become due. Tenant shall, has obtained a temporary at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or permanent Certificate expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of Occupancy permitting or in connection with any and all work by Tenant or on Tenant’s use behalf, during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the right, in ▇▇▇▇▇▇▇▇’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the Premises for indemnified parties arising out of or in connection with the Permitted Useswork performed by ▇▇▇▇▇▇ during any early entry. The early access period Tenant shall end upon coordinate such entry with ▇▇▇▇▇▇▇▇’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the occurrence of the Commencement Date defined in Section 1.04Rules and Regulations attached hereto.

Appears in 1 contract

Sources: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Early Access. Landlord Subject to the provisions of this Section 2.7, Tenant shall allow Tenant early have access to the Premises approximately forty five (45) days prior to LI Substantial Completionas of January 4, 2021, provided that all the walls and floors are sufficiently accessible and open to allow the installation of fixtures and provided that Tenant’s access does not materially interfere with Landlord’s Work in the Building. Early access must be coordinated upon the mutual agreement of the following have occurred: (i) this Lease is fully executed and delivered by Landlord parties. During such period, Tenant and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of contractors may install Tenant’s vendors and/or contractors. required fixtures, Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access racking systems, conveyors and other material handling equipment, communications infrastructure, IT, telephone and security systems and any IT required cabling (collectively, “Fixturization”). During any Fixturization period, subject Tenant shall coordinate all Fixturization with Landlord so as not to interfere with, disrupt or delay in any way the conditions for early access above. Tenantcompletion of any of Landlord’s Work, and failure to meet do so will constitute a Tenant Delay. Excluding the obligation to pay any form of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Rent, Tenant’s early access to any portion of the Premises shall during Fixturization will be subject to all the terms and conditions of the provisions Lease (including all insurance requirements) and these construction provisions. Landlord will not be responsible for any damage caused by Tenant, its agents, employees, contractors, subcontractors, independent contractors or suppliers during any period of this LeaseFixturization. HoweverFurther, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding notwithstanding anything to the contrary in this Leasethe foregoing, Landlord and Tenant shall reasonably cooperate not conduct business operations in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. 2.7.1 Tenant’s early access will be conditioned upon Tenant delivering to Landlord the Security Deposit and all insurance certificates required to be delivered pursuant the Lease, and provided that the walls and floors are sufficiently accessible and open to allow the installation of fixtures. Immediately prior to such early access, Fixturization or use, Tenant and Landlord shall jointly inspect the areas to be occupied or portion of the Work to be used to determine and record the status of completion and the condition of the Work. Landlord and Tenant acknowledge that (a) construction of the Work in certain areas of the Building required by Tenant for Fixturization may not be Substantially Complete upon Tenant’s early access thereto, (b) Landlord has the right to coordinate the completion of the Landlord’s Work with Fixturization as described elsewhere in this Work Letter, (c) without Landlord’s prior consent, Tenant will not schedule any Fixturization in areas which are not then scheduled to be completed by Landlord pursuant to the applicable construction schedule, and (d) unless otherwise mutually agreed, early access to or use by Tenant of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements therefor as described in this Work Letter. 2.7.2 Tenant may perform construction or operations related to Tenant’s Fixturization with Tenant’s own forces or separate contractors under contracts containing terms and conditions substantially similar to this Work Letter as to safety, insurance and waiver of subrogation. Tenant shall access provide or cause to be provided to Landlord a certificate of insurance for each separate contractor prior to such separate contractor’s commencement of work on the Premises Property; Landlord reserves the right to (i) refuse entry onto the Property to a separate contractor for whom Landlord has no certificate of insurance and (ii) order any separate contractor that in the commercially reasonable opinion of Landlord exercised in good faith is using unsafe building practices and/or that fails to abide by federal, state, and local laws and regulations for jobsite safety or other applicable law to stop work, provided Landlord gives simultaneous notice thereof to Tenant and Tenant’s Representative. Tenant hereby acknowledges and agrees that during the any period of early access to the Property by Tenant’s own forces or separate contractors which occurs prior to the Commencement Date of the Lease, (a) subject to the terms of this Work Letter, the storage and installation of fixtures and personal property (including equipment and inventory) in the Property shall be at Tenant’s sole risk. , cost and expense, (b) Landlord shall not be liable for and Tenant hereby releases Landlord from any destructionand all liability for theft thereof or damage thereto, theft, vandalism unless caused by the negligence or willful misconduct of Landlord or any other damage contractors or subcontractors of Landlord, and (c) Tenant will reimburse Landlord for any damages to any personal property placed, kept or stored Landlord’s Work (and the reasonable cost to repair same) caused by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use own forces or separate contractors within 30 days after receipt of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04an invoice therefor.

Appears in 1 contract

Sources: Lease Agreement (Leatt Corp)

Early Access. Landlord The foregoing in this Paragraph 1 notwithstanding, Tenant shall allow have the right, at no cost to Tenant early (but subject to all the other terms and conditions of the Lease and this Amendment, including without limitation, Tenant’s obligations to maintain insurance), to access to the Premises New Space beginning approximately forty five fourteen (4514) days prior to LI Substantial Completionthe New Space Lease Commencement Date (“New Access Period”) for the limited purposes of inspecting the New Space and installing telephone and computer cabling and Tenant’s moveable furniture, provided that all furnishings, fixtures, equipment, and other moveable personal property, and such activities shall not constitute the “beneficial use of the following have occurred: Premises” for purposes of Paragraph l(c)(ii) above (ii.e., for the avoidance of doubt, ▇▇▇▇▇▇’s entry upon the New Space during the New Access Period in accordance with this Paragraph 1(d) this shall not trigger the New Space Lease is fully executed and delivered by Commencement Date). Tenant’s entry upon the New Space during the New Access Period shall not interfere with or delay the performance of the Landlord’s Relocation Work. To facilitate ▇▇▇▇▇▇’s entry upon the New Space during the New Access Period, Tenant shall provide Landlord and Tenant; with at least three (ii3) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all days’ prior notice of Tenant’s vendors and/or contractorsinitial entry during the New Access Period, and thereafter Tenant shall coordinate with Landlord’s representative regarding ▇▇▇▇▇▇’s subsequent entries upon the New Space during the New Access Period. TenantIf an uncured monetary Event of Default is then occurring, then at Landlord’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access periodelection, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access Tenant shall not extend or delay have any right to enter upon the Commencement DateNew Space during the New Access Period. The purpose placement of Tenant’s early access is only for Tenant to install racking and any cabling, furniture, furnishings, fixtures, equipment, or other improvements and for no other purpose. Tenant’s early access to property within the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of by Tenant or its contractors, agents or vendors stored in Invitees during the Premises during such early access period New Access Period shall be at Tenant’s sole risk risk, and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable solely responsible for any destruction, theft, vandalism loss or damage thereto from any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04cause whatsoever.

Appears in 1 contract

Sources: Deed of Lease (Urgent.ly Inc.)

Early Access. Landlord shall allow Tenant early access Notwithstanding any provision to the contrary contained herein, so long as Landlord has received the Expansion Premises approximately forty five Letter of Credit, Landlord agrees that Tenant may occupy the Expansion Premises from and after the Effective Date and continuing until the Expansion Premises Commencement Date (45) days prior to LI Substantial Completionthe “Move-In Period”), provided that all for the sole purpose of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all installation of Tenant’s vendors and/or contractorsfurniture, fixtures and equipment therein. Tenant’s early access period will be deemed During the Move-In Period, (a) Tenant shall have no obligation to begin on the date that Landlord delivers written notice pay Rent, but all other terms of the commencement of the early access periodLease (as amended by this Amendment), subject including but not limited to the conditions for early access above. Tenant’s failure obligation to meet any of indemnify Landlord and carry the conditions for early access shall not extend or delay insurance required in the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Lease, shall be subject to all of the provisions of this Lease. Howeverin effect, early access of the Premises shall not advance the expiration date of this Lease. (b) Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and be responsible for all utilities used in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Expansion Premises during such early access period the Move-In Period, (c) any entry by Tenant shall be at Tenant’s sole risk and risk, (d) Tenant shall not unreasonably interfere with Landlord, Landlord’s contractors or any construction schedule established in connection with any work being performed by Landlord will have no obligation to secure or any other tenant at the Premises Property, (e) prior to any entry upon the Commencement Date. Expansion Premises by ▇▇▇▇▇▇, Tenant shall access agrees to pay for and provide to Landlord certificates evidencing the Premises during existence and amounts of insurance carried by Tenant with respect to the period Expansion Premises, which coverage must comply with the provisions of early access at Tenant’s sole risk. the Lease relating to insurance, (f) Tenant and its employees, agents and contractors agree to comply with all Laws applicable to its use and occupancy of the Expansion Premises, (g) Landlord shall not be liable responsible nor have any liability whatsoever at any time for any destruction, theft, vandalism loss or any other damage to any personal the furniture, fixtures, phone, cabling or equipment or other property placed, kept or stored by or on behalf of Tenant installed or permitted to be placed, kept or stored placed by Tenant during on the Expansion Premises, unless such loss or damage is caused by the gross negligence or willful misconduct of Landlord or its employees, agents or contractors, and (h) ▇▇▇▇▇▇ agrees to indemnify, protect, defend and save Landlord, the property manager, any period mortgagee of early access. Tenant may not operate Landlord, and each of their respective officers, directors, members, managers, partners, affiliates, employees, agents and representatives, harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of the Premises until Landlord early entry, use, construction, or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use occupancy of the Expansion Premises for by Tenant or its agents, employees or contractors, except to the Permitted Uses. The early access period shall end upon the occurrence extent any of the Commencement Date defined in Section 1.04foregoing arises out of the gross negligence or willful misconduct of Landlord, its employees, agents or contractors.

Appears in 1 contract

Sources: Multi Tenant Commercial/Industrial Lease (Nnn) (Boxabl Inc.)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed Subtenant and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first monthSubtenant’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord representatives shall have the right to immediately terminate Tenantenter the Subleased Premises from and after the later to occur of (i) August 15, 2006 and (ii) the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s early access personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. All of the rights and time lost due obligations of the parties under this Sublease (other than Subtenant’s obligation to such interference pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges pursuant to the Master Lease, Subtenant’s obligation to carry insurance pursuant to the Master Lease, and Subtenant’s indemnification obligations, and/or damages, reasonable costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the terms of this Sublease) shall commence upon the Early Access Date, and Subtenant shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in deemed to occupy the Subleased Premises during such early access period shall be at Tenant’s sole risk from and Landlord will have no obligation to secure after the Premises prior to the Commencement Early Access Date. Tenant Subtenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destructiondamages to the Subleased Premises caused by Subtenant’s activities at the Subleased Premises from and after the Early Access Date and, theftprior to entering the Subleased Premises, vandalism or any other damage Subtenant shall obtain all insurance it is required to any personal property placedobtain hereunder and shall provide certificates of such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, kept or stored by or on behalf and such entry shall be made in compliance with all terms and conditions of Tenant or permitted this Sublease, the Master Lease and the rules and regulations attached to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Master Lease.

Appears in 1 contract

Sources: Sublease Agreement (Vitalstream Holdings Inc)

Early Access. Landlord shall allow Tenant early access to Commencing on the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) date this Lease is has been fully executed and delivered by the parties hereto until the date immediately prior to the Commencement Date (the “Early Access Period”), and so long as (i) Landlord and Tenant; (ii) Tenant has paid to Landlord received the first month’s (1st) monthly installment of Base Rent pursuant to Section 3.01 1.2 above, and the Security Deposit (to be maintained pursuant to Section 3.02; the terms of Article 7 below), and (iiiii) Tenant Landlord has delivered to Landlord received insurance certificates evidencing all that Tenant is carrying the insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject pursuant to the conditions for early access above. Tenantterms of [FINAL EXECUTION COPY] -5- ‌ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ SMRH:4888-9988-7969.11 ‌ ▇▇▇▇’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Fashion Lounge, LLC 062923 ‌ 54RL-374105 ​ DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 ​ Article 9 below, Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the purpose of obtaining measurements and for the purpose of ordering necessary furniture, fixtures and equipment for Tenant’s Permitted UsesUse; provided, however, that during such Early Access Period, all of the terms and conditions of this Lease shall apply, including, without limitation, Tenant’s obligation to pay to Landlord all sums and charges required to be paid by Tenant under this Lease. The early access period Further, no work shall end upon be performed during the Early Access Period by Tenant or its contractors within the Premises without first obtaining Landlord's prior written approval including approval of plans for any cabling, wiring or other work which may affect systems or structure or be visible from outside the Premises and shall be performed in strict accordance with the terms of Article 11 of this Lease, and all contractors shall comply with the Building's construction rules and regulations. Subject to the foregoing, during such Early Access Period, Tenant shall not be obligated to pay Base Rent or Operating Expenses, Shared Expenses or Taxes for the Premises so accessed by Tenant until the occurrence of the Commencement Date defined in Section 1.04Date.

Appears in 1 contract

Sources: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Early Access. Tenant shall be allowed early access beginning thirty (30) days prior to the Relocation Commencement Date for the sole purpose of installation of Tenant's furniture, fixtures and equipment, provided that (i) prior to such early access Tenant shall coordinate its planned installation efforts, and the timing thereof, with Landlord's project manager; (ii) any delay in Substantial Completion arising from such early access by Tenant, its, employees, contractors, invitees, or agents shall constitute a Tenant Delay; (iii) satisfactory evidence of insurance as required by Article 11 of the Lease shall first have been provided to Landlord; and (iv) there shall be harmonious union labor relations between the contractors, subcontractors, suppliers and vendors on-site, and no disruption of the Work arising from Tenant's early occupancy hereunder shall be permitted. 1. For the period of time between the Effective Date of this Third Amendment and the end of the thirtieth month thereafter (the “ROFO Period”), Tenant shall have a right of first offer (the “Right of First Offer”) with respect to approximately 5,842 square feet of Net Rentable Area adjacent to the Relocation Premises as shown on Exhibit C-1 attached hereto, if and when such space comes available in the Building during the Term, upon the terms and conditions set forth in this Exhibit C. 2. If the ROFO Space becomes available at any time during the ROFO Period, Landlord shall allow notify Tenant early access (the “First Offer Notice”) of such availability of the ROFO Space. In the First Offer Notice, Landlord shall offer to lease to Tenant all (but not a part or parts) of the ROFO Space then available. The First Offer Notice also shall set forth the rental amount and other terms upon which Landlord is willing to lease the ROFO Space (which, if the First Offer Notice is sent on or before the first anniversary of the Relocation Commencement Date, shall be on all the same terms and conditions of the Lease, except that the Construction Allowance, as such term is defined in the Work Letter attached to this Third Amendment as Exhibit B, shall be prorated). The lease term of the ROFO Space shall be coterminous with the Term of the Lease. If Tenant wishes to exercise its Right of First Offer with respect to the Premises approximately ROFO Space, then within ten (10) business days of the delivery of the First Offer Notice to Tenant (the “First Offer Expiration Date), Tenant shall deliver written notice to Landlord of Tenant's intention to exercise the Right of First Offer with respect to the entire ROFO Space. [f, however, Tenant decides not to exercise the Right of First Offer, either by (a) notifying Landlord in writing on or before the First Offer Expiration Date of Tenant's decision not to exercise the right of first offer, or (b) by failing to deliver to Landlord written notice of acceptance on or before the First Offer Expiration Date, then Landlord shall be free to lease all or any part of the ROFO Space to anyone whom Landlord desires, on material terms substantially similar to the terms set forth in the First Offer Notice; provided, however, that (i) the restriction set forth herein regarding substantially similar material terms shall expire forty five (45) calendar days prior to LI Substantial Completion, provided that all of after the following have occurred: (i) this Lease is fully executed First Offer Expiration Date; and delivered by Landlord and Tenant; (ii) Tenant has paid to upon the execution of a lease between Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject a new tenant with respect to the conditions for early access above. Tenant’s failure to meet any ROFO Space, the Right of the conditions for early access First Offer shall not extend thereafter be null, void and of no further force or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access effect with respect to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the PremisesROFO Space leased by such new tenant. 3. Notwithstanding anything to the contrary herein, if Tenant exercises the Right of First Offer at any time during the first twelve (12) months following the Effective Date of this Third Amendment, then Tenant's lease of the ROFO Space designated in this Leasethe First Offer Notice shall be on the same terms and conditions as those pertaining to the Relocation Space except that the Construction Allowance for the ROFO Space shall be prorated. 4. In the event Tenant duly exercises the Right of First Offer as set forth in paragraph 2 above, Landlord and Tenant shall reasonably cooperate shall, within thirty (30) days thereafter, execute an amendment to the Lease memorializing Tenant's lease of the ROFO Space upon the terms and conditions set forth in order to ensure the First Offer Notice and this Exhibit C. 5. For the avoidance of doubt, the parties acknowledge that Tenant’s early occupancy does the Right of First Offer, if not interfere exercised by Tenant in accordance with the work provisions of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises this Exhibit C prior to the Commencement Dateend of the ROFO Period, shall be null, void and of no further force or effect as of the first day following the expiration of the ROFO Period. 6. Tenant acknowledges and agrees that the Right of First Offer set forth herein shall access be subject and subordinate to (a) existing tenant leases for the Premises during Building as of the period Effective Date of early access at Tenant’s sole riskthis Third Amendment, and (b) any rights of renewal, expansion or extension contained in any such existing tenant leases. Landlord In addition, notwithstanding anything in the Lease to the contrary, the Right of First Offer granted herein shall be deemed personal to Tenant and shall not be liable for deemed included with any destruction, theft, vandalism or any other damage assignment of Tenant's interest in and to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of Lease and the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Premises.

Appears in 1 contract

Sources: Lease Agreement (Hallmark Financial Services Inc)

Early Access. Landlord shall Sublandlord agrees to cooperate with Subtenant to allow Tenant early Subtenant access to the Initial Premises approximately forty five from the day following the Consent Date to the Delivery Date and deliver exclusive possession of the Initial Premises, including the Data Room (45) days prior to LI Substantial Completionbut excluding the Lab Space), on the Delivery Date, for design and construction purposes and for the purposes of the installation of furniture, fixtures and equipment and preparing the Initial Premises for occupancy (the “Early Access Activities”), provided that all Subtenant has first given Sublandlord at least one (1) business day’s prior notice of any such access (for access prior to the Delivery Date only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access (a) shall be solely for the Early Access Activities and not for the purposes of occupancy or possession of the following Initial Premises, or of conducting business therein, and (b) shall be subject to and upon all the terms and conditions of this Sublease (including without limitation Section 11 hereof), except that Subtenant shall have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid no obligation to Landlord the first month’s pay Base Rent pursuant or Additional Rent for the period prior to Section 3.01 and the Security Deposit pursuant to Section 3.02Initial Premises Commencement Date; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenantprovided, however, that if Subtenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice pursuit of the commencement Early Access Activities causes an increase of more than ten percent (10%) in the early access periodcost of utilities (including without limitation water, subject electricity, heat or air conditioning) allocable to the conditions Initial Premises on a square-foot basis (as compared to the average cost for early access abovesuch utilities over the prior three (3) months), Subtenant shall reimburse Sublandlord for such increase in the cost of utilities within thirty (30) days following Sublandlord’s presentation of an invoice therefor (including reasonable supporting documentation), which invoice shall be presented to Subtenant within fifteen (15) days following each month of such Early Access Activities. TenantThe Early Access Activities shall be performed between the hours of 6:00 a.m. and 5:00 p.m. on business days, and shall be coordinated with Sublandlord. Subtenant’s failure to meet any of the conditions for early access shall not extend affect or delay alter the Initial Premises Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to , the Expansion Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access , the Premises during Expiration Date, or the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Term.

Appears in 1 contract

Sources: Sublease (Five Prime Therapeutics, Inc.)

Early Access. Landlord shall allow Tenant early access 26.1 Subject to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all Landlord having vacant possession of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access each relevant part of the Premises shall not advance and completing the expiration date Landlord’s Works prior to the Commencement Date and compliance by the Tenant with the conditions of this Lease. clause 26, the Landlord agrees to permit the Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything access to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Date for the purpose of enabling the Tenant shall access to commence the Premises during the period of early access at Tenant’s sole risk. Landlord shall Works. 26.2 The Tenant is not liable for the payment of any rent or outgoings prior to the Commencement Date but will be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored the cost of all consumable Building Services under clause 4.6(a)(i) from the date access is provided. 26.3 The use and occupation by or on behalf of the Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or the Commencement Date will be solely for the purposes of carrying out the Tenant’s Works and will be at the Tenant’s risk in all respects and subject to the Tenant accepting liability for the Premises during such times as this access and use occurs (including, as applicablein particular, has obtained a temporary or permanent Certificate the insurance risk and the obligation to comply with the requirements of Occupancy permitting all Authorities in relation to the Premises and the Tenant’s use of it). 26.4 The Tenant must carry out the Tenant’s Works during normal working hours unless the Landlord in its discretion allows access at other times and in undertaking the Tenant’s Works must use its best endeavours to respect the right to quiet enjoyment of the other tenants in the Building and if (either as of right or by consent from the Landlord) the Tenant causes or permits to occur a nuisance or damage to the occupier or owner of adjoining or neighbouring premises, land or building or causes or permits to occur an event or events whereby the Landlord shall be liable for breach of covenant of quiet enjoyment to any other tenant of the Building then the Tenant shall be liable for all loss and damage so suffered by the Landlord or for which the Landlord is otherwise so liable to any third party (and the Tenant hereby indemnifies and agrees to keep indemnified the Landlord in respect thereof) and the Landlord shall be entitled to withdraw any such consent previously given and/or require the Tenant to cease the offending activity or modify the activity so that it no longer contravenes the requirements of this clause. Ref: PJM:1908926 ABL/▇▇▇▇▇▇▇▇▇ 26.5 The Tenant will keep the Premises clean and tidy and whenever necessary from time to time whilst carrying out the Tenant’s Works and on completion of the Tenant’s Works will at its own expense remove from the Premises and the Building all waste and debris wrappings containers and residual materials which result from the Tenant’s Works and failing compliance the Landlord may do so and recover the cost from the Tenant. 26.6 The Tenant will prior to the commencement of the Tenant’s Works: (a) provide evidence of the following insurances or will procure that any contractor employed by the Tenant will provide a certificate of currency of: (i) WorkCover insurance policy for any person employed by the Tenant or its contractor as a “worker” in accordance with the requirements of the Accident Compensation (WorkCover Insurance) Act 1993; (ii) the Tenant’s insurance for Public Risk as required by clause 11 of this Lease; and, (iii) a Contractor’s All Risk Insurance Policy in respect of the Tenant’s Works to the full value of it for the Permitted Uses. The early access period shall end upon time being such policy to be in the occurrence name of the Tenant (and noting the interest of the Landlord) for their respective interests. (b) provide the Bank Guarantee required under the terms of clause 6.1 of this Lease; and, (c) pay to the Landlord or its agent on or before signing this Lease the amount equal to one monthly instalment of the Rent and the Building Outgoings plus the GST attributable to it being the sum of $28,742.86 which will be credited to the Tenant’s account with the Landlord for payment of the Rent and Building Outgoings (plus GST) which will become payable by the Tenant to the Landlord following the Commencement Date defined in Section 1.04of this Lease.

Appears in 1 contract

Sources: Lease (Capstone Dental Pubco, Inc.)

Early Access. In addition, Landlord hereby agrees that, notwithstanding the provisions of Section 1.2.2 of the Lease, regardless of whether the Tenant Improvements are substantially complete or a certificate of occupancy (or its equivalent) shall have been issued by the appropriate governmental authorities for the Premises at such time, Landlord shall allow permit Tenant early and its agents to enter the Premises commencing on June 11, 2020, or such later date prior to the Commencement Date in Tenant's sole discretion (such entry, the "Early Access"), for the sole purpose of installing, at Tenant's sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and to store other personal assets of Tenant. In particular, Early Access shall include, and Tenant shall be given access to, Storage R▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇ and Server Room 413 within the Premises. Landlord shall also give Tenant access to the Premises approximately forty five (45) days prior mail room within the Building upon the Early Access. The Early Access shall not change the Commencement Date and shall not be deemed early occupancy during the Beneficial Occupancy Period under Section 1.2.2 of the lease and Tenant’s rights to LI Substantial Completionthe Beneficial Occupancy Period under Section 1.2.2 of the Lease, if any, shall continue to apply in addition to the Early Access provided that under this Section 2 . Upon the Early Access, all of the following have occurred: (i) this terms and conditions of the Lease is fully executed and delivered by Landlord and shall apply except that Tenant; (ii) Tenant has paid 's obligation to pay monthly Base Rent, Expenses, Taxes or other fees or expenses to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried other than amounts for above standard services requested by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice under Section 5.2 of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access Lease) shall not extend or delay apply until the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to shall coordinate the Premises Early Access with Landlord's building manager and, except as expressly set forth in this Amendment, such entry shall be subject to made in compliance with all terms and conditions of the provisions of this LeaseLease and the Rules and Regulations attached thereto. However, early Landlord shall deliver to Tenant the necessary Building (including mailroom box) and Premises entry keys or similar access devices or codes to enable the Early Access and access and use of the Premises shall not advance the expiration date of this LeaseBuilding mailroom. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything The foregoing license to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure enter the Premises prior to the Commencement DateDate is conditioned upon Tenant's contractors and their subcontractors and employees working in harmony and not interfering with the work being performed in the Building and in the Premises. Tenant shall access be liable for any damages caused by Tenant's activities at the Premises during Premises. Such license is further conditioned upon the period 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 early access at Tenant’s sole riskworkers' compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. Landlord shall not be liable in any way for any destructioninjury, theftloss or damage which may occur by reason of the Early Access, vandalism the same being solely at Tenant's risk. All costs and expenses in connection with or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate arising out of the Premises until Landlord or performance of any work by Tenant pursuant to the Early Access shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as applicablethey become due. Tenant shall, has obtained a temporary at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Except to the extent arising from the gross negligence or permanent Certificate willful misconduct of Occupancy permitting Tenant’s use Landlord, Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys' fees and claims for workers' compensation) to the extent arising out of the Premises or in connection with any and all work during such Early Access (including, but not limited to, claims for the Permitted Uses. The early access period shall end upon the occurrence breach of the Commencement Date defined in Section 1.04.warranty, personal injury or property

Appears in 1 contract

Sources: Lease Agreement (Kura Oncology, Inc.)

Early Access. Landlord Provided that (a) any such access does not interfere in any way with any other tenant or subtenant in the Building and (b) Sublessee shall allow Tenant early obtain Landlord's prior written consent to such installation, Sublessee shall have access to the common area of the Building to which Sublessor has the right of access under the Master Lease, commencing upon the execution of this Sublease, for the purpose of installing wiring, cabling and related connection necessary to provide T-1 telecommunication capability to the Premises. Provided that (i) no other tenant is in possession of the Premises and (ii) Sublessee has delivered to Sublessor evidence that it has obtained the Required Insurance, Sublessee shall have access to the Premises approximately forty five (45) 10 days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date (the "FF & E Access Date") for the purpose of furniture systems and telecommunication equipment installation. Tenant Such access shall access not be deemed to be taking or accepting possession of the Premises during the period of by Sublessee. In any such early access at Tenant’s sole riskby Sublessee, Sublessee, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "Sublessee's Contractors"), shall work in harmony with and do not in any way disturb or interfere with Sublessor's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Sublessor's Contractors"), it being understood and agreed that if entry of Sublessee or Sublessee's Contractors would cause, has caused or is causing a material disturbance to Sublessor or Sublessor's Contractors, then Sublessor may, with notice, refuse admittance to Sublessee or Sublessee's Contractors causing such disturbance. Sublessee, Sublessee's Contractors and other agents shall provide Sublessor and Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and Premises damage insurance as Sublessor may reasonably request for its protection. Sublessor and Landlord shall not be liable for any destructioninjury, theft, vandalism loss or any other damage to any personal property placedof Sublessee's installations or decorations made prior to the Commencement Date and not installed by Sublessor. Sublessee shall indemnify and hold harmless Landlord, kept Sublessor and Sublessor's Contractors from and against any and all costs expenses, claims, liabilities and causes of action arising out of or stored in connection with work performed in the Premises by or on behalf of Tenant Sublessee (but excluding work performed by Sublessor or permitted Sublessor's Contractors). Sublessor is not responsible for the function and maintenance of Sublessee's improvements which are different than Sublessor's standard improvements at the Premises or improvements, equipment, cabinets or fixtures not installed by Sublessor. Such entry by Sublessee and Sublessee's Contractors pursuant to this Section shall be deemed to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out under all of the Premises until Landlord or Tenantterms, as applicablecovenants, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use provisions and conditions of the Premises for Sublease except the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04covenant to pay Rent.

Appears in 1 contract

Sources: Sublease Agreement (Centra Software Inc)

Early Access. Landlord shall allow provide Tenant with early access to the Premises approximately forty five on the first Business Day following the full execution of this Lease by Landlord and Tenant (45the “Access Date”). Such early occupancy shall be subject to all of the terms and conditions of this Lease, except that Tenant shall pay: (A) days prior Base Rent in the amount of $2,382.80 per month, and (B) 50% of the amount of Tenant’s Proportionate Share of the Additional Rent, Taxes, and Insurance, in each case, for the period commencing on the Access Date and ending on the date immediately preceding the Commencement Date (such Rent to LI Substantial Completionbe prorated based on the length of the Early Occupancy Period). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Occupancy Period”). During the Early Occupancy Period, Tenant may enter the portion of the Premises in which Landlord is not then performing the Work for the purpose of installing telephones, electronic communication equipment, fixtures and furniture, provided that all Tenant shall be solely responsible for any of such fixtures, furniture or equipment and for any loss or damage thereto from any cause whatsoever. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord reasonably determines that such early access and installation activities will not delay the substantial completion of the following have occurred: (i) this Lease is fully executed and delivered by Work. Landlord and Tenant; (ii) Tenant has paid to Landlord shall cooperate in the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all scheduling of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation and of Tenant’s business at installation activities in an attempt to maximize the benefits to Tenant of this Section 3(b) without interfering with Landlord’s substantial completion of the Work. The provisions of Section 8(a) below and of Section 11 below shall apply in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (y) comply with all Laws applicable to such early entry work in the Premises. Notwithstanding anything to the contrary in this Leaseforegoing, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenantif such early access or installation delays or interferes with Landlord’s early occupancy does not interfere with performance of the work of Landlord or its contractors and in the event of any interferenceWork, Landlord shall have the right to immediately terminate accelerate the Commencement Date one day for each day of delay caused by Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Premises.

Appears in 1 contract

Sources: Industrial Lease Agreement (Parametric Sound Corp)

Early Access. Landlord Subject to receipt of the Master Landlord’s consent referred to in Section 3 below, during the fifteen (15) day period prior to the date Sublandlord delivers exclusive possession of the Sublease Premises to Subtenant, Subtenant shall allow Tenant early be allowed non-exclusive access to the Sublease Premises. During such period, Subtenant shall comply with all of the applicable terms of this Sublease (including without limitation, Subtenant’s insurance and indemnity obligations, but specifically excluding Subtenant’s obligation to pay Base Rent and Additional Rent). Prior to accessing the Sublease Premises approximately forty five and as a condition precedent to Sublandlord’s grant of access, Subtenant shall have delivered to Sublandlord Base Rent and estimated Operating Expenses for the second month following the Rent Commencement Date, the Security Deposit required pursuant to this Sublease and provide to Sublandlord evidence of the insurance required pursuant to this Sublease and the Master Lease. Such early access shall be for the sole purpose of installing furniture, fixtures and equipment and for the construction of Subtenant’s improvements or “fit-up.” If Subtenant begins operation of its business within the Sublease Premises prior to June 1, 2017, the Commencement Date and Rent Commencement Date shall be accelerated to the date that Subtenant begins operation of its business. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (45and has not elected to recapture the Sublease Premises) and still Sublandlord fails to deliver exclusive possession of the Sublease Premises to Subtenant on or before June 15, 2017, then, in addition to Subtenant’s rent abatement rights under Section 2.2 above, Subtenant shall be entitled to one (1) additional day of abated Base Rent for each day that Sublandlord’s delivery of exclusive possession of the Sublease Premises to Subtenant is delayed beyond June 15, 2017. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (and has not elected to recapture the Sublease Premises) and still Sublandlord fails to deliver exclusive possession of the Sublease Premises to Subtenant on or before July 1, 2017, then, Subtenant may terminate this Sublease at any time after July 1, 2017 and before August 1, 2017 by giving Sublandlord ten (10) days prior written notice to LI Substantial Completionterminate, provided that all of the following have occurred: (i) in which case this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin Sublease shall terminate on the date that Landlord delivers written notice of day following the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.last day of

Appears in 1 contract

Sources: Sublease (Mobileiron, Inc.)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Provided Tenant has paid to Landlord the first month’s Base Rent pursuant to provided in Section 3.01 2(b), the Tenant Reimbursement Amount provided in Section 2(c) and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord any certificates evidencing all of insurance required by this Lease, Landlord grants to be carried by Tenant hereunder and similar insurance coverage for any and all contractors of Tenant a conditional license to enter the Premises on October 15, 2019 (the “Early Access Date”) to perform Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Work (as defined herein) which shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date performed in accordance with Sections 10 and 11 of this Lease. Tenant shall notify give to Landlord promptly upon commencing commercial operation not less than five (5) days’ prior written notice of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (i) a description and schedule for Tenant’s Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts pertaining to the performance of Tenant’s business Work for which such early access is being requested; (iv) copies of all plans and specifications pertaining to Tenant’s Work for which such access is being requested; (v) copies of all licenses and permits required in connection with the performance of any of Tenant’s Work for which such access is being requested; (vi) certificates of insurance (in amounts and with insured parties satisfactory to Landlord). All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld. Such early access shall be subject to scheduling by Landlord. Tenant and Tenant’s contractors shall work in harmony and not interfere with Landlord and Landlord’s contractors in performing any tenant improvement work which Landlord is performing in the Premises or in other premises within the Building, the Property or in the Common Areas, or with the general operation of the Property. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon twenty-four (24) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises. Notwithstanding anything Premises by Tenant or its contractors shall be deemed to be under all of the contrary in terms, covenants, conditions and provisions of this Lease, Landlord excluding only the covenant to pay Rent and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with specifically including the work provisions of Landlord or its contractors Sections 12 and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk13 thereof. Landlord shall not be liable for any destructioninjury, theft, vandalism loss or damage which may occur to any of Tenant’s Work or to property of Tenant placed in the Premises or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out portion of the Premises until prior to the Commencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises, to any tenant improvement work in the Premises, or the Property which is caused by Tenant or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04contractors.

Appears in 1 contract

Sources: Lease Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of Notwithstanding the provisions of this Clause 3 if by the Target Date FSP shall not have achieved Shell & Core Substantial Completion but in respect of computer areas plant areas and other areas reasonably requested by the Tenant the Base Building Works are complete in accordance with the normal standards applied by architects except for items omitted at the request of the Tenant FSP shall (subject to payment in full by GSPM or the Tenant of FSP's associated costs in accordance with Clause 40 of the Agreement for Lease. However, ) facilitate the early access for initial fitting out by GSPM in such areas upon such terms as to access as are set out in clause 16.11 of the Premises Agreement for Lease 4 GSPM INDEMNITY GSPM shall not advance in respect of the expiration date Developer's Fit Out Works and without prejudice to any other obligation on its part herein contained keep FSP fully and effectually indemnified (with the intention of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at putting FSP in the Premises. Notwithstanding anything same after-tax position it would have been in had the matter giving rise to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does indemnification not interfere with the work of Landlord arisen) against:- 4.1 any breach by GSPM or its contractors servants or agents of the conditions or requirements imposed or implied by the Approvals and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept permission or stored by licence granted (on the application of or on behalf of Tenant the Tenant) for or permitted otherwise pursuant to be placed, kept or stored the terms of this Agreement for the execution of the Developer's Fit Out Works; and 4.2 all claims actions damages demands losses expenses costs and other liabilities whatsoever suffered by Tenant during any period of early access. Tenant may not operate FSP which arise out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use carrying out of the Developer's Fit Out Works (other than FSP's obligations to make payments under this Agreement); -------------------------------------------------------------------------------- 5 7 and will make good forthwith to the satisfaction of FSP any damage or injury caused by GSPM (or by anyone for whom GSPM is responsible) to the Building or the Demised Premises for or to the Permitted Uses. The early access period shall end upon the occurrence Base Building Works any other part of the Commencement Date defined in Section 1.04Development Site or to the property of FSP or any of its servants agents licencees or workmen.

Appears in 1 contract

Sources: Developer's Fit Out Agreement (Goldman Sachs Group Inc)

Early Access. Landlord Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall allow be permitted to access a portion of the Premises consisting of approximately 33,597 rentable square feet as shown on the attached Exhibit A-1 (“Early Access Premises”) prior to the Commencement Date for Tenant early to use the Early Access Premises for staging in connection with Tenant’s construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Date shall be subject to all of the provisions of this Lease. However, early access terms and obligations of the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access Premises shall not advance be $47,035.80 per month (based on $1.40 per rentable square foot of the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Early Access Premises) pro rated on a per diem basis, and “Tenant’s business Share” of “Operating Expenses” (as defined in Exhibit B attached to the Lease) for the Early Access Premises shall be “fixed” at the amount of $8,399.25 per month, based on $0.25 per rentable square foot of the Early Access Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be at suspended in their entirety. In no event shall Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior access to the Commencement Date. Tenant shall access the Early Access Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of trigger the Commencement Date defined in Section 1.04of the Lease unless Tenant commences its regular business activities therefrom.

Appears in 1 contract

Sources: Lease (Inari Medical, Inc.)

Early Access. Subject to the provisions below, from and after the Effective Date, Tenant shall have the right to enter the Expansion Premises in order to generally prepare the Expansion Premises for occupancy including the storage of product, but not to conduct normal business operations (“Early Access”). Other than in connection with Landlord’s Work, the Repair Work or any emergency relating to the Expansion Premises, Landlord shall allow Tenant early not grant access to the Expansion Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of any party between the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 Effective Date and the Security Deposit pursuant to Section 3.02; First Expansion Date and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractorsthe Second Expansion Date, as applicable. Tenant’s early access period right to Early Access to the Expansion Premises is subject to, and conditioned upon, the following: a. Early Access is only permitted if, and to the extent, permitted by applicable Governmental Requirements. b. Tenant shall comply with all the terms and conditions of this Lease during any Early Access, other than the obligation to pay Base Rent and its share of Operating Expenses with respect to the Expansion Premises. Nothing herein shall relieve Tenant from its obligations under the Lease with respect to the Existing Premises. c. Tenant shall not unreasonably interfere with Landlord’s completion of the Landlord’s Work; d. Tenant will be deemed to begin on the date that Landlord delivers provide written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure Landlord prior to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking Early Access and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate have a representative present during such access so long as Landlord does not delay Tenant’s early access rights Early Access to the Expansion Premises. e. Tenant shall not begin its normal business operations from the Expansion Premises until the First Expansion Date with respect to the First Expansion Premises or the Second Expansion Date with respect to the Second Expansion Premises, as the case may be. f. Notwithstanding anything to the contrary contained herein, Tenant does hereby expressly acknowledge and time lost due to such interference shall be considered a Tenant Delay. Any materials agree that the storage and installation of Tenant or its contractors, agents or vendors stored fixtures and Tenant’s personal property (including equipment) in the Expansion Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s 's sole risk. , cost and expense, and that Landlord shall not be liable for and Tenant hereby releases Landlord from any destructionand all liability for any damage thereto occasioned by any act of God or by any acts, theftomissions or negligence of any persons; provided, vandalism however, that Landlord shall be responsible for its gross negligence or any other damage to any personal property placedwillful misconduct and the gross negligence or willful misconduct of its employees, kept or stored by or on behalf of Tenant or permitted to be placedofficers, kept or stored by Tenant during any period of early accessdirectors, agents, contractors, and subcontractors. Tenant may not operate does hereby further agree to indemnify, defend (with counsel reasonably acceptable to Landlord), and hold harmless Landlord and its employees, officers, directors, agents and contractors from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses (including, without limitation, attorneys' fees at the trial and appellate levels) of any and every nature arising out of or in any way relating to Tenant's Early Access; provided, however, that Tenant shall not indemnify Landlord for any matter arising from Landlord’s gross negligence or willful misconduct or the Premises until Landlord gross negligence or Tenantwillful misconduct of its employees, as applicableofficers, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04directors, agents, contractors, and subcontractors.

Appears in 1 contract

Sources: Lease Agreement (Pfsweb Inc)

Early Access. Prior to the Substantial Completion of the Initial ------------ Improvements (or the Expansion Improvements, if applicable), and provided that the Township or other governmental authority having jurisdiction does not prohibit the same, Landlord shall allow provide Tenant with early access to the Premises approximately forty five Initial Improvements (45or the Expansion Improvements, if applicable), including, without limitation, access to and the use of loading docks, elevators, construction hoists, electrical service and the like, for the purposes of allowing separate contractors engaged by Tenant to install or construct therein (to the extent then completed) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by such items for which Landlord and TenantContractor are not responsible hereunder (together, "Tenant Work"); (ii) provided, however, that no Tenant has paid to Landlord Work may be performed without the first month’s Base Rent pursuant to Section 3.01 prior written consent of Landlord, which consent may be conditioned on the submission of plans, specifications, acceptable arrangements for security and other safety precautions, and other details regarding the Security Deposit pursuant to Section 3.02; proposed Tenant Work, and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to other reasonable arrangements in connection with scheduling, but shall not be carried by Tenant hereunder and similar insurance coverage for otherwise unreasonably withheld or delayed. Further, any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will Tenant Work shall be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, prosecuted and shall in all instances be subject to the conditions for early access above. Tenant’s failure and covenants pertaining to meet any of the conditions for early access shall not extend or delay the Commencement DateNew Work (as such term is defined in Section 17.1 hereof) which are set forth in Section 17.1 hereof. The purpose terms, provisions and conditions of Tenant’s early access is only for Tenant to install racking Section 2.5(b)(i) hereof and all other improvements terms, provisions and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions conditions of this Lease. However, early access Lease pertaining to Tenant Extensions shall apply in connection with Tenant's exercise of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at under this Section 2.10 and any Tenant Work. In the event Tenant’s sole risk. Landlord shall not be liable for 's prosecution of any destruction, theft, vandalism or Tenant Work unreasonably interferes with any other damage to any personal property placed, kept or stored work being performed by or on behalf of Landlord, Landlord (or Contractor, in the instance of the Initial Improvements) shall give written notice to Tenant of such interference as provided in Section 2.5(c) hereof. The rights of Tenant to early access pursuant to this Section 2.10 are hereinafter referred to as "Early Access." Landlord may, at any time, suspend Tenant's rights to Early Access hereunder, in the event that Landlord or Contractor reasonably determines that such Early Access or any Tenant Work is unreasonably interfering with the construction of Landlord's Improvements, is creating security or safety risks or is otherwise not in substantial conformance with the conditions on which the Early Access was granted in the first instance. As part of Tenant Work, Landlord acknowledges and agrees that Tenant, by separate contractors, shall be installing cables, wiring, and certain other equipment and facilities for Tenant's voice data fiber optics, security systems and other systems which are required to be, or are most efficiently, installed during the pendancy of construction of the Initial Improvements (or Expansion Improvements). Landlord shall coordinate with Tenant such installations by Tenant of the foregoing systems pursuant to a schedule that Contractor (or Landlord, in the instance of the Expansion Improvements) shall timely provide to Tenant. Such schedule will permit Tenant to reasonably complete such installations in as an efficient, timely manner in respect to the ongoing construction of the Landlord's Improvements as is reasonably possible without unreasonable interference to the Contractor (or Landlord, as aforesaid) or unreasonable interference from the Contractor (or Landlord, as aforesaid). In addition, as part of Tenant Work, Landlord acknowledges and agrees that Tenant, by separate contractors, shall be installing furniture, assembling work station partitions and performing associated work station partition electrical work, which Tenant shall be permitted to be placedundertake, kept without interference from the Contractor (or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or TenantLandlord, as applicableaforesaid), has obtained a temporary not less than thirty (30) days prior to the Delivery Date (or permanent Certificate Expansion Delivery Date). Anything in this Section 2.10 to the contrary notwithstanding, Tenant shall not commence the conduct of Occupancy permitting Tenant’s use of any business from the Premises for Initial Improvements prior to the Permitted Uses. The early access period shall end upon Delivery Date, or from the occurrence of Expansion Improvements until the Commencement Date defined in Section 1.04Expansion Delivery Date.

Appears in 1 contract

Sources: Build to Suit Office Lease Agreement (Wells Real Estate Investment Trust Inc)

Early Access. Landlord shall allow Tenant early access to Provided the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy same does not interfere with completion of the work of Landlord or its contractors and in the event of any interferenceTenant Improvements, Landlord shall have the right as reasonably determined by Sublandlord, Subtenant may, up to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises twenty-eight (28) days prior to the Commencement Date, enter the Sublet Portion for the sole and exclusive purpose of installing its furniture, equipment and other personal property. Tenant Notwithstanding the foregoing, (i) such entry shall access be subject to the Premises terms and conditions of this Sublease, provided that Subtenant shall not be required to pay Base Rent, Expenses or the Subtenant TI Cost Reimbursement for any entry or possession during such period before the Commencement Date, except for the cost of services requested by Subtenant (e.g. after hours HVAC service); (ii) Subtenant shall not conduct its business from the Sublet Portion during the period of early access such entry, (iii) such entry shall be subject to such rules and regulations as Master Landlord and Sublandlord may reasonably promulgate and Subtenant shall ensure that any architect, engineer, designer, contractor and ▇▇▇▇▇▇▇ employed by Subtenant observes such rules, and prior to commencement of any work in the Sublet Portion, makes appropriate arrangements with Sublandlord, particularly with respect to: material and equipment storage; time and place of deliveries; hours of work and coordination of work; power, heating and washroom facilities; scheduling; security; and clean-up; and (iv) any such entry shall be at TenantSubtenant’s sole risk. Landlord risk and Sublandlord shall not be liable have no liability for any destructionloss, theftdamage or injury to Subtenant’s personal property, vandalism equipment, employees or any other damage to any personal property placed, kept agents which may be on or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant about the Sublet Portion during any the period of early access. Tenant may not operate out such entry and, except for any injury to Subtenant’s employees or agents to the extent caused the negligence or willful misconduct of the Premises until Landlord or TenantSublandlord, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Subtenant hereby releases Sublandlord from any claim with respect thereto from whatever cause.

Appears in 1 contract

Sources: Sublease (Zuora Inc)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed Subtenant and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first monthSubtenant’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord representatives shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in enter the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Subleased Premises during the period period, if any, commencing on the Effective Date and ending on the day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of early access at Tenantconstruction of the Initial Subtenant Alterations (defined in Section 15.2(a) below), installation of Subtenant’s sole riskpersonal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of this Sublease. Landlord All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Rent and utilities and Subtenant’s maintenance and repair obligations, but expressly including without limitation, Subtenant’s obligation to carry insurance, Subtenant’s indemnification obligations, and/or Subtenant’s liability for damages, costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the terms of this Sublease) shall not commence upon the Early Access Date, and Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be liable for any destructiondamages to the Subleased Premises caused by Subtenant’s activities at the Subleased Premises from and after the Early Access Date and, theftprior to entering the Subleased Premises, vandalism or any other damage Subtenant shall obtain all insurance it is required to any personal property placedobtain hereunder and shall provide certificates of such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, kept or stored by or on behalf and such entry shall be made in compliance with all terms and conditions of Tenant or permitted this Sublease, the Master Lease and the rules and regulations attached to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Master Lease.

Appears in 1 contract

Sources: Sublease (NeurogesX Inc)

Early Access. From the date which is three (3) Business Days following the Date of this Lease to May 30, 2019 (and provided Landlord shall allow have received a copy of each of Tenant’s certificates of insurance therefor pursuant to Subsection 4.4.2 hereof) (the “Early Access Period”), Tenant early and its contractors shall have access to the Premises approximately forty five (45) days prior to LI Substantial Completionfor the purposes of planning and designing Tenant’s Work, provided that all of the following have occurred: (i) this Lease is fully executed Tenant shall not perform Tenant’s Work or any other alterations, additions or improvements during such period of early access and delivered by Landlord and Tenant; (ii) Tenant has paid to shall coordinate any such access with Landlord the first month’s Base Rent pursuant to Section 3.01 in advance. Commencing on June 1, 2019 (and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to provided Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all shall have received a copy of each of Tenant’s vendors and/or contractors. certificates of insurance therefor pursuant to Subsection 4.4.2 hereof), Tenant and its contractors shall have access to the Premises for the purposes of designing, and after Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access periodPlans (as defined in Section 3.2) have been approved by Landlord, subject to the conditions for early access above. performing Tenant’s failure Work (as defined in Section 3.2), installing furniture, fixtures and telecommunications equipment and otherwise preparing the Premises for Tenant’s occupancy, and commencing on June 1, 2019, all obligations of Tenant under this Lease shall apply as if the term of this Lease had commenced, except that Tenant shall have no obligation to meet any of the conditions pay Annual Fixed Rent or to pay Additional Rent for early access shall not extend Taxes or delay Operating Costs until the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to Notwithstanding that the Premises shall be subject to all of the provisions term of this Lease. However, early access of the Premises Lease shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to commence until the Commencement Date. Tenant shall access the Premises , during the such period of early access at TenantLandlord’s sole risk. obligations under Sections 5.6 and 5.7 shall apply, and Landlord shall not be liable for any destruction, theft, vandalism or any provide Tenant with access to the loading dock and other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out common areas and facilities of the Building and shall furnish electricity and water to the Premises until Landlord or Tenantas required by this Lease, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of if the Commencement Date defined in Section 1.04had occurred.

Appears in 1 contract

Sources: Lease Agreement (Pc Tel Inc)

Early Access. Neither Tenant nor any person claiming by, through or under Tenant (collectively, the “Tenant Parties”) may enter the Premises for any purpose prior to the Commencement Date; provided, however, upon written request by Tenant (which may be made by email), Landlord shall, subject to the terms and conditions set forth in this Section 9, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Premises prior to the Expected Commencement Date. Any such access shall, prior to the date which is twenty-one (21) days preceding the Expected Commencement Date, be solely for the purpose of allowing Tenant to install its voice and data equipment and cabling in accordance at the appropriate times necessary to conform with the “critical path” of the Tenant Improvements, and on or after the date which is twenty-one (21) days preceding the Expected Commencement Date, for the additional purpose of installing in the Premises Tenant’s furniture, fixtures, and equipment as may be necessary to make the Premises ready for Tenant’s use and occupancy (as applicable, “Tenant’s Pre-Occupancy Work”). Tenant shall allow Tenant deliver to Landlord Tenant’s written request for early access to the Premises approximately forty five not less than one (451) days business day prior to LI Substantial Completion, provided that all the date on which Tenant desires such access and such notice shall be accompanied by each of the following have occurreditems: (i) this Lease is fully executed the names and delivered by Landlord addresses of all Tenant Parties who will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work; and Tenant; (ii) Tenant has paid to certificates of insurance evidencing such coverages reasonably required by Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried maintained by Tenant hereunder contractors and similar insurance coverage for any occupants in the Building. Any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises and the performance of the Tenant’s Pre-Occupancy Work shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this LeaseLandlord’s reasonable scheduling requirements. Tenant shall notify cause all Tenant Parties to observe all construction rules and regulations promulgated by Landlord promptly from time to time in connection with the performance of work in the Building. If at any time any Tenant Party shall fail to observe such rules and regulations, then Landlord may revoke such license with respect to the offending Tenant Party immediately upon commencing commercial operation of notice to Tenant. Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference Pre-Occupancy Work shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access performed at Tenant’s sole risk, cost and expense and no delay in the delivery of the Premises to Tenant caused by Tenant’s entry to the Premises or Tenant’s Pre-Occupancy Work shall delay the Commencement Date. Landlord shall not be liable for any destructioninjury, theft, vandalism loss or damage which may occur to Tenant’s Pre-Occupancy Work (including without limitation any other property of Tenant placed in the Premises) and Tenant shall indemnify and hold harmless Landlord for any damage to Tenant’s Pre-Occupancy Work, the Premises or to any personal property placedportion of the Tenant Improvements arising from Tenant’s Pre-Occupancy Work or otherwise caused by any Tenant Party. Upon written request by Tenant prior to the installation of Tenant’s Pre-Occupancy Work, kept Landlord agrees to provide a written list of any improvements constituting part of Tenant’s Pre-Occupancy Work that Landlord will require Tenant to remove from the Premises at the end of the Lease Term. At the end of the Lease Term, Tenant shall not be required to remove any improvements constituting part of Tenant’s Pre-Occupancy Work which are not identified on such list (such items being the “Non-Removal Tenant’s Pre-Occupancy Work”). Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM # ROOM NAME DOOR NO. WIDTH HEIGHT THICK MATL SELF CLOSURE LOCKING GLASS TYPE FRAME MATL FUNCTION NOTES 400 Waiting 400a 6’-0’’ 8“0” — GLASS Y Y Y — FRAMELESS SWIPECARD BUILDING STANDARD HERCULTE 402 Interview Room 402a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 403 Interview Room 403a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 405 Visitor Servery/Coats 405a 6’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE 406 Executive Conference 406a 6’-0” 8“0” — GLASS N N Y — Drywall return BUTT GLASS/FLAT TRACK BARN DOOR HARDWARE/SS 407 VP Office 407a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 408 MGR Office 408a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 409 MGR Office 409a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 410 Team RM/Phone Enclave 410a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 411 Open Office 411a 3’-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM CARD ACCESS SWIPE CARD ACCESS 412 VP Office 412a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 413 VP Office 413a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 414 VP Office 414a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 415 VP Office 415a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 417 MGR Office 417a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 418 MGR Office 418a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 419 MGR Office 419a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 421 MGR Office 421a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 422 MGR Office 422a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 423 MGR Office 423a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 424 VP Office 424a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 425 Director Office 425a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 426 Conference 426a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 428 Copy/Mail 428a 3’-6” 8“0” — — — — — — — FRAMED OPENING 429 Mgr Office 429a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 430 Mgr Office 430a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 434 Dining 434a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 436 Vending 436a 3’-0” 8“0” — — N N N — — FRAMED OPENING 436b 3’-0” 8“0” — — N N N — — FRAMED OPENING 438 Kitchen Storage 438a 3’-0” 8“0” 1-3/4” MAPLE — Y — — HM STOREROOM 440 Health Services 440a 3’-0” 8“0” 1-3/4” MAPLE N Y N — HM PRIVACY PRIVACY LOCK 442 Hardware Storage 442a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM STOREROOM 443 LAN Room 443a 3’-0” 8“0” 1-3/4” MAPLE N Y Y PASSAGE LITE HM CARD ACCESS SWIPECARD 445 Director Office 445a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 446 Phone Enclave 446a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 447 Director Office 447a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 448 Open Office 448a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 448b 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 449 HR Storage 449a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PRIVACY PRIVACY LOCK NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 450 Director Office 450a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 452 Team Rm/Phone Enclave 452a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 454 Open Office 454a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 455 Director Office 455a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 456 Director Office 456a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 457 Director Office 457a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 459 Mgr Office 459a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 460 Mgr Office 460a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 461 Mgr Office 461a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 462 Passage 462a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 463 Phone Enclave 463a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE 465 Mgr Office 465a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 466 Mgr Office 466a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 467 Mgr Office 467a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 468 Director Office 468a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 469 Director Office 469a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 470 Director Office 470a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 471 Conference 471a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 474 Mgr Office 474a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 475 Mgr Office 475a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 477 Passage 477a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 478 Mgr Office 478a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 479 Mgr Office 479a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 480 Mgr Office 480a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 481 Conference 481a 3’-0” 8“0” 1-3/4” MAPLE N N Y — HM PASSAGE SIDELITE 482 Director Office 482a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 483 VP Office 483a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 484 VP Office 484a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 485 Passage 485a 3‘-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 486 Executive Lounge 486a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Plumbing Fixture Schedule Client: Connecture Atlanta Project No: 13004-01 Date: September 20, 2013 Revised: 404 Visitor Servery sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K15850-4M Coralis Faucet w/Lever Handles polished chrome disposal by LL Engineer 435 Kitchen sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K-15888-K Coralis Faucet w/Leverl Handles disposal by LL Engineer 439 Health Services toilet Kohler K-3949 Highline Comfort Height, 1.28 GPF, left hand lever White sink Kohler ▇▇▇▇▇-▇-▇ ▇▇▇▇▇▇▇▇▇ dropinsink w/concentricecircles, cast iron, 8” centers White faucet Kohler ▇-▇▇▇▇▇-▇ ▇▇▇▇▇▇ widespread faucet w/lever handles White PROVIDE ALL RELATED KOHLER ACCESSOSSORIES Hot water at all sink locations Reference is made to the following plans prepared by InteriorLOGIC for Connecture in the Brookfield ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇, dated April 27, 2012: 1. Drawings A200 – Connecture Second Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A201 – Connecture Second Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A203 – Connecture Second Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Electrical Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12 A300 – Connecture Third Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A301 – Connecture Third Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A303 – Connecture Third Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A304 – Connecture Elevations and Details prepared by InteriorLOGIC, dated 4/27/12 A305 – Connecture Elevations and Details prepared by InteriorLOGIC, dated 4/27/12 A306 – Connecture Floor Pattern Plan prepared by InteriorLOGIC, dated 4/27/12 A307 – Connecture Electrical Schematic prepared by InteriorLOGIC, dated 4/27/12 A308 – Connecture Third Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12 2. Schedules and Specifications A. Workletter Finish and Material Specification B. Room Finish Schedule C. Product Cut Sheets D. Casework Schedule E. Door Schedule 3. AutoCAD Files A. Second Floor B. Third Floor 1. The sidewalks, and public portions of the Building, such as entrances, passages, courts, elevators, vestibules, stairways, corridors or stored halls, and the streets, alleys or ways surrounding or in the vicinity of the Building shall not be obstructed, even temporarily, or encumbered by or on behalf of Tenant or permitted used for any purpose other than ingress and egress to and from the Premises. 2. No awnings or other projections shall be placedattached to the outside walls of the Building. No curtains, kept blinds, shades, louvered openings, tinted coating, film or stored screens shall be attached to or hung in, or used in connection with, any window, glass surface or door of the Premises, without the prior written consent of Landlord, unless installed by Landlord. 3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Tenant during on any period part of early access. Tenant may not operate out the outside of the Premises until Landlord or Building or on corridor walls or windows or other glass surfaces (including without limitation glass storefronts). Signs on entrance door or doors shall conform to building standard signs, samples of which are on display in Landlord’s rental office. Signs on doors shall, at Tenant’s expense, be inscribed, painted or affixed for each tenant by sign makers approved by Landlord. In the event of the violation of the foregoing by Tenant, as applicableLandlord may remove same without any liability, has obtained a temporary and may charge the expense incurred by such removal to Tenant. 4. The sashes, sash doors, skylights, windows, heating, ventilating and air conditioning vents and doors that reflect or permanent Certificate admit light and air into the halls, passageways or other public places in the building shall not be covered or obstructed by Tenant, nor shall any bottles, parcels, or other articles be placed on the window ▇▇▇▇▇. 5. No show cases or other articles shall be put in front of Occupancy permitting or affixed to any part of the exterior of the Building, nor placed in the public halls, corridors, or vestibules without the prior written consent of Landlord. 6. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by Tenant’s use . 7. Tenant shall not in any way deface any part of the Premises or the Building. If Tenant desires to use linoleum or other similar floor covering, an interlining of builder’s deadening felt shall be first affixed to the floor, by a paste or other material, soluble in water; the use of cement or other similar adhesive materials, which are not water soluble, are expressly prohibited. 8. No bicycles, vehicles, or animals of any kind shall be brought into or kept in or about the Premises. No cooking shall be done or permitted by Tenant on the Premises except in conformity to law and then only in the utility kitchen, if any, as set forth in Tenant’s layout, which is to be primarily used by Tenant’s employees for heating beverages and light snacks. Tenant shall not cause or permit any unusual or objectionable odors to be produced upon or permeate from the Premises. 9. No space in the Building shall be used for manufacturing, distribution, or for the Permitted Uses. The early access period shall end upon storage of merchandise or for the occurrence sale of the Commencement Date defined in Section 1.04merchandise, goods, or property of any kind at auction.

Appears in 1 contract

Sources: Office Lease (Connecture Inc)

Early Access. So long as Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all have first received payment of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s installment of Base Rent payable hereunder, evidence of the insurance coverage required pursuant to Section 3.01 9, and the Security Deposit required pursuant to Section 3.02; 11, then Landlord shall provide Tenant early access (i) to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises as of the date of this Lease, and (iiiii) to the 24 Cherry Hill Premises on April 1, 2017. Such early access shall be to perform Tenant's Work as set forth in Exhibit D attached hereto. In connection with such access , Tenant has delivered agrees (a) to cease promptly upon notice from Landlord certificates evidencing any Tenant's Work which is not set forth on Exhibit D, is not directly related to the Work described therein or is not otherwise in compliance with the provisions of this Lease, and (b) to comply promptly with all insurance required reasonable procedures and regulations prescribed by Landlord from time to be carried time for coordinating the Tenant's Work with any other activity or work in the Building. Such access by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will shall be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the applicable provisions of the Lease, except that there shall be no obligation on the part of Tenant solely because of such access to pay Base Rent, Taxes or Operating Expenses prior to the Commencement Date with respect to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises or prior to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Commencement Date with respect to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises. If Tenant fails to comply with the terms and conditions of this Lease. However, Lease applicable to such early access during the period of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s early access after one (1) business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interferenceday prior notice from Landlord, Landlord shall have the right to immediately terminate suspend Tenant’s early access rights and time lost due 's right to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation right to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during early. Anything herein to the period of contrary notwithstanding, if early access at Tenant’s sole risk. Landlord shall to the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises is not be liable for any destructiondelivered to Tenant by April 15, theft2017, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out possession of the 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Premises until Landlord or Tenantis not delivered to Tenant by May 15, as applicable2017, has obtained a temporary or permanent Certificate then for each day of Occupancy permitting Tenant’s use of delay thereafter, the Premises for the Permitted Uses. The early access period 2▇ ▇▇▇▇▇▇ ▇▇▇▇ Base Rent Abatement Period shall end upon the occurrence of the Commencement Date defined in Section 1.04be extended by one day.

Appears in 1 contract

Sources: Lease Agreement (Abiomed Inc)

Early Access. Landlord shall allow Tenant early access Subject to the terms and conditions of this Section 2.4, Tenant shall have the right to enter and occupy the Premises approximately forty five from and after the date that is twenty-one (4521) days prior to LI Substantial Completionthe Lease Commencement Date, provided as reasonably estimated by Landlord (the “Early Access Date”), solely for purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and special equipment, and to “fix-up” the Premises for Tenant’s intended use (but not to operate Tenant’s business), and such early entry for such purposes shall not trigger the Lease Commencement Date. Tenant agrees that all of the following have occurred: (i) this Lease is fully executed and delivered any such early entry by Landlord and Tenant shall be at Tenant; ’s sole risk, (ii) Tenant has paid to shall not unreasonably interfere with Landlord or other tenants in the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; Building, and (iii) Tenant has delivered all terms, provisions and conditions of this Lease shall apply (except for the payment of Base Rent and Additional Rent), including, but not limited to, (a) Tenant’s obligation to provide Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar with evidence of liability insurance coverage for any pursuant to Sections 10 and all of 12 below, and (b) Tenant’s vendors and/or contractors. Tenant’s early access period will indemnity obligations pursuant to Section 13 below; provided, however, Landlord shall not be deemed obligated to begin on the date that Landlord delivers written notice deliver possession of the commencement Premises to Tenant until Landlord has received from Tenant insurance certificates as required under Sections 10 and 12 below. If Landlord chooses not to deliver possession of the early access periodPremises to Tenant because Landlord has not received the required insurance certificates, subject the Lease Commencement Date shall not be affected or delayed thereby. Notwithstanding anything in this Section 2.4 to the conditions for early access above. Tenant’s failure to meet any contrary, if, as of the conditions for early access shall not extend or delay the Commencement Early Access Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. , Landlord reasonably determines that Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not will unreasonably interfere with the work completion of the Initial Improvements, then (1) Landlord may limit or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate otherwise restrict Tenant’s early access rights rights, and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. (2) Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for not, in connection with any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out , interfere with the completion of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Initial Improvements.

Appears in 1 contract

Sources: Lease Agreement (Ambarella Inc)

Early Access. Landlord Subject to the terms and provisions of the Work Letter and the terms and provisions of this Sublease, Subtenant shall be permitted to enter Phase I from and after the Phase I Delivery Date until the Phase I Rent Commencement Date (but subject to the restrictions set forth in Section 6.3 below), to enter Phase II from and after the Phase II Delivery Date until the Phase II Rent Commencement Date, and to enter Phase III from and after the Phase III Delivery Date until the Phase III Rent Commencement Date, respectively, for the sole and limited purpose of constructing and installing its Tenant Improvements, fixtures, furnishings, equipment, cabling and personal property within Phase I, Phase II and Phase III, respectively, of the Sublease Premises; provided, however, that, as to Phase III only, such early access shall allow Tenant early access the commencement of business as provided in, and subject to the terms and conditions of, Section 2.4.3 above. Such limited entry and use of the Sublease Premises approximately forty five (45) days shall not obligate Subtenant to commence paying Base Rent for each applicable Phase unless Subtenant commences its business operations in all or any portion of such Phase prior to LI Substantial Completionthe Rent Commencement Date for each respective Phase. This right of entry onto the Sublease Premises is subject to revocation by Sublandlord in the event that Subtenant or its employees, provided that contractors, subcontractors or agents cause unreasonable interference with any of Sublandlord's work in Building D or any labor dispute or damage during such period which results either directly or indirectly from the installation or delivery of the foregoing, or Subtenant otherwise breaches any term, covenant or condition of this Sublease. Prior to Subtenant's entry onto the Sublease Premises in accordance with this Section 2.6, Subtenant shall satisfy all of the following have occurred: (i) insurance requirements set forth in Section 17 of this Lease is fully executed Sublease. Under no circumstances shall Sublandlord be liable or responsible for, and delivered by Landlord Subtenant agrees to assume all risk of loss or damage to such installation of its tenant improvements, furniture, fixtures, furnishings, equipment, cabling and Tenant; (ii) Tenant has paid personal property and to Landlord the first month’s Base Rent pursuant to Section 3.01 indemnify, defend and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for hold Sublandlord harmless from any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access periodliability, subject loss or damage arising from any damage to the conditions for early access above. Tenant’s failure to meet any property of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. HoweverSublandlord, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, employees or agents, and any death or personal injury to any person or persons to the extent caused by, attributable to or arising out of, whether directly or indirectly, Subtenant's entry onto the Subleased Premises or the delivery, placement, installation, or presence of its tenant improvements, furniture, fixtures, furnishings, equipment, cabling and personal property, except to the extent that such loss or damage is caused by Sublandlord's willful misconduct or gross negligence or the willful misconduct or gross negligence of Sublandlord's contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04employees.

Appears in 1 contract

Sources: Sublease (E Loan Inc)

Early Access. Subject to the terms of this Paragraph 2.B and provided that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below), Landlord shall allow grant Tenant access to the Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant early access to the Premises approximately forty five entire Phase I Premises; (452) days prior on or before June 1, 2020, Landlord will grant early access to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord Floors of the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02Phase II Premises; and (iii3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord certificates evidencing all insurance required a copy of such permits to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractorsLandlord. Tenant’s early Such access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject prior to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Date shall be subject to all of the provisions terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide any services or utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. HoweverIn the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the same. Said early access of the Premises shall not advance the expiration date of this LeaseExpiration Date. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this LeaseDuring any such early access period, Landlord and Tenant shall reasonably cooperate in order good faith to ensure that Tenant’s early occupancy does not interfere with reasonably coordinate the work of Landlord or its contractors concurrent construction schedules for the Base Building Core and in Shell Work and the Tenant Improvements. In the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during that such early access period shall be at Tenantby Tenant adversely impacts or otherwise delays or interferes with Landlord’s sole risk and Landlord will have no obligation efforts to secure obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises prior to at the Commencement Date. earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out with written notice of the Premises until Landlord or Tenantsame, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenantthen any resulting delay in Landlord’s use Substantial Completion of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.Base

Appears in 1 contract

Sources: Office Lease (Asana, Inc.)

Early Access. At such point as, in Landlord’s reasonable judgment, Landlord’s Work and T▇▇▇▇▇’s Work have proceeded to such point where Tenant may install its cabling, furniture, fixtures and equipment in the Premises without interfering with the performance of Landlord’s Work or Tenant’s Work (and provided Landlord shall allow have received a copy of each of Tenant’s insurance policies or certificates of insurance therefor pursuant to Subsection 4.4 hereof), Landlord shall so notify Tenant early and from and after such date of notification Tenant and its contractors shall have access to the Premises approximately forty five for the purposes of installing the same in preparation for Tenant’s occupancy of the Premises; provided, however, that Landlord shall use reasonable efforts to provide Tenant and its contractors with such access at least sixty (4560) days days’ prior to LI the date on which Landlord reasonably expects to achieve Substantial CompletionCompletion of L▇▇▇▇▇▇▇’s Work and T▇▇▇▇▇’s Work. In connection with such access, provided that all of the following have occurred: T▇▇▇▇▇ agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease is fully executed or which shall interfere with or delay the performance of Landlord’s Work or Tenant’s Work, and delivered by Landlord and Tenant; (ii) Tenant has paid 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 L▇▇▇▇▇▇▇ and work being performed by T▇▇▇▇▇, each with the first month’s Base Rent pursuant to Section 3.01 other and with any other activity or work in the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing Building including, without limitation, the use of labor which shall work in harmony with all insurance required to be carried other contractors performing work at the Building. Such access by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will shall be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the applicable provisions of this Lease. HoweverLease as if the term had commenced, early except that (i) there shall be no obligation on the part of Tenant solely because of such access to pay any Annual Fixed Rent or Additional Rent for Taxes or Operating Costs for any period prior to the Rent Commencement Date, and (ii) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above, then Landlord shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of give written notice thereof to Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order use diligent efforts to ensure that comply and cause its contractors to comply, and if such non-compliance is not cured within two (2) Business Days after Landlord’s written notice to Tenant, Landlord may revoke Tenant’s early occupancy does not interfere with the work rights of Landlord or its contractors and in the event of any interference, Landlord shall have the right access to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to until the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.

Appears in 1 contract

Sources: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall allow provide Tenant with early access to the Premises approximately forty five on the latest to occur of (45i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to LI Substantial Completion, provided that all Landlord’s then-estimated date of delivery of the following have occurred: Premises (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord in any case, the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all “Access Date”). Such period of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay commence on the Access Date and continue through the date immediately preceding the Commencement Date. The purpose of Date (the “Early Access Period”), and Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to during the Premises Early Access Period shall be subject to all of the provisions terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). HoweverNotwithstanding the foregoing, early access the conduct of business in the Premises shall not advance cause an immediate acceleration of the expiration Commencement Date to the date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s initial conduct of business at in the Premises. Notwithstanding anything During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the contrary in this Lease, Landlord extent that such early access and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does installation activities will not interfere with the work access, use and occupancy of the Building or the Project by Landlord or its contractors and any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the event condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that ▇▇▇▇▇▇’s early access is interfering in any interferencematerial way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to immediately terminate limit or otherwise restrict Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for Early Access Period without any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04liability.

Appears in 1 contract

Sources: Lease Termination Agreement (Spruce Biosciences, Inc.)

Early Access. Landlord shall allow permit Tenant early access and its agents to enter (a) the Office Premises approximately four (4) weeks prior to the Early Occupancy Date and (b) the Laboratory Premises approximately forty five four (454) days weeks prior to LI Substantial Completionthe Commencement Date (each such period, provided that all the “Early Access Period”), for the sole purpose of installing, at Tenant’s sole cost and expense (except as expressly set forth in the Work Letter Agreement), its furniture, fixtures, equipment and cabling in such portion of the following have occurred: (i) this Lease is fully executed Premises and delivered as otherwise reasonably necessary to perform any facility validations required by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage Governmental Authorities for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access periodPermitted Use, subject to the conditions for early access above. but in no event shall Tenant’s failure to meet any of complete such installations or validations during the conditions for early access shall not Early Access Period extend or delay the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times reasonably satisfactory to Landlord’s representative. The purpose of foregoing licenses to enter the Office Premises prior to the Early Occupancy Date and the Laboratory Premises prior to the Commencement Date are, however, conditioned upon Tenant’s early access is only agents, contractors and their subcontractors and employees reasonably cooperating and not unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for Tenant to install racking and other improvements and for no other purpose. any damages caused by Tenant’s early access activities at the Premises except to the Premises extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be subject deemed to be under all of the provisions of this LeaseLease except as expressly set forth in this Section 41.3. HoweverDuring each Early Access Period, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at pay Basic Rent, Operating Expenses, Real Property Taxes or costs for electricity, gas or HVAC (provided that Tenant’s sole riskusage thereof during such Early Access Period is not excessive). Landlord shall not be liable in any way for any destructioninjury, theftloss or damage which may occur to any such work being performed by Tenant, vandalism the same being solely at Tenant’s risk, except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work performed by or (excepting the Tenant Improvements or any other damage to any personal property placed, kept or stored work performed by or Landlord) on behalf of Tenant or permitted Tenant’s contractors during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage), except to be placedthe extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, kept in Landlord’s sole and absolute discretion, to settle, compromise, or stored 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 period of early accessentry. Tenant may not operate out shall coordinate such entry with Landlord’s building manager, and such entry shall, except as expressly set forth in this Section 41.3, be made in compliance with all terms and conditions of this Lease and the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Rules and Regulations attached hereto.

Appears in 1 contract

Sources: Lease Agreement (Crinetics Pharmaceuticals, Inc.)

Early Access. The current occupant of the Premises (the “Current Occupant”) is, as of the Effective Date, in the process of removing its fixtures and equipment from the Premises. Subject to the terms and conditions of this Lease and provided Landlord shall has received the pre-paid Base Rent required hereunder, the Letter of Credit and all evidence of insurance coverage required hereunder, Landlord will allow Tenant early access to enter the Premises approximately forty five for the seven (457) days prior to LI Substantial Completion, provided that all of day period (the “Early Access Period”) immediately following have occurred: the date upon which both (i) this Lease is fully executed the Current Occupant completes such removal and delivered by Landlord and Tenant; (ii) Landlord completes Landlord’s Work, and prior to the Commencement Date, solely for the purpose of installing furniture, fixtures and equipment in the Premises (if Tenant has paid completes such installation and commences business operations in the Premises prior to Landlord the first month’s Base Rent pursuant to Section 3.01 and expiration of such seven (7) day period, the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period Early Access Period will be deemed to begin on the date that Landlord delivers written notice have expired as of the commencement end of the early access period, subject to the conditions for early access above. day immediately preceding Tenant’s failure to meet any first (1st) day of business operations in the conditions for early access shall not extend or delay the Commencement DatePremises). The purpose of Tenant’s early access is only Landlord may withdraw its permission for Tenant to install racking and other improvements and so enter the Premises during the Early Access Period at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for no other purpose. Landlord, Tenant, Tenant’s vendors and contractors or other tenants in the Building. Such early access to the Premises entry shall be subject to all of the terms and provisions of this Lease. However, except that Tenant shall have no obligation to pay Base Rent or other charges during such early access of the Premises shall not advance the expiration date of this Lease. period unless Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s commences business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored operations in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04period.

Appears in 1 contract

Sources: Office Lease Agreement (RPX Corp)

Early Access. Landlord shall allow Tenant early access Subject to the Premises approximately forty five (45) days prior to LI Substantial Completionterms of this Section 2.3, provided that all as of the date (the “Early Access Date”) that is one (1) business day following have occurred: (i) the date that this Lease is has been fully executed by all parties and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered all prepaid rental, the L-C (as defined in Section 21.1), and insurance certificates required hereunder (collectively, the “Early Access Conditions”), Landlord grants Tenant the right to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of enter the Premises at Tenant’s vendors and/or contractorssole risk, solely for the purpose of performing the Improvements (as defined in Exhibit B attached hereto) and installing telecommunications and data cabling, equipment, furnishings and other personalty. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject Such possession prior to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Lease Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Date shall be subject to all of the provisions terms and conditions of this Lease, except that Tenant shall not be required to pay Base Rent or Tenant’s Share of Direct Expenses with respect to the period of time prior to the Lease Commencement Date during which Tenant occupies the Premises solely for such purposes. However, early access Tenant shall be liable for any utilities or special services provided to Tenant during such period. Notwithstanding the foregoing, if Tenant takes possession of the Premises before the Lease Commencement Date for any purpose other than as expressly provided in this Section, such possession shall be subject to the terms and conditions of this Lease and Tenant shall pay Base Rent and any other charges payable hereunder to Landlord for each day of possession before the Lease Commencement Date. Said early possession shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Lease Expiration Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.-15- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc.

Appears in 1 contract

Sources: Sublease Agreement (Amplitude, Inc.)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed Subtenant and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first monthSubtenant’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord representatives shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in enter the Subleased Premises during such early access period shall be at Tenant’s sole risk and Landlord will have the period, if any, commencing on the date Subtenant enters the Subleased Premises for the purpose set forth in this Section 2.2 but in no obligation to secure the Premises event prior to the Effective Date (“Early Access Date”) and ending on the day immediately preceding the Commencement Date for the sole purposes of construction of the Initial Subtenant Alterations (defined in Section 14.2 below), installation of Subtenant’s personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of this Sublease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges, Subtenant’s obligation to carry insurance, Subtenant’s indemnification obligations, and/or Subtenant’s liability for damages, costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the terms of this Sublease) shall commence upon the Early Access Date, and Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Tenant Subtenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destructiondamages to the Subleased Premises caused by Subtenant’s activities at the Subleased Premises from and after the Early Access Date and, theftprior to entering the Subleased Premises, vandalism Subtenant shall obtain all insurance it is required to obtain hereunder and shall provide certificates of such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, and such entry shall be made in compliance with all terms and conditions of this Sublease, the Master Lease and the rules and regulations attached to the Master Lease. Notwithstanding the above, Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises following the Effective Date with prior notice to Sublandlord, for the purpose of planning the Initial Subtenant Alterations (no work of construction or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to demolition may be placed, kept or stored by Tenant carried out during any period of early access. Tenant may such entry) and such access to the Subleased Premises shall not operate out be deemed to trigger the Early Access Date and the rights and obligations of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period parties under this Sublease shall end upon the occurrence of the Commencement Date defined in Section 1.04not commence with such access.

Appears in 1 contract

Sources: Sublease (Glu Mobile Inc)

Early Access. Landlord shall allow will give Tenant early access to the Premises approximately forty five by (45the “Early Access Date”) days prior to LI for construction of the alterations listed on Schedule (the “Pre-Approved Alterations”) and for planning, measurement, construction of improvements and installation of furniture, fixtures, inventory and equipment, shipping and receiving, and any activities included within the Permitted Use (“Tenant’s Early Occupancy”). Landlord and ▇▇▇▇▇▇ will reasonably cooperate in coordinating completion of ▇▇▇▇▇▇▇▇’s Work and any work done by Tenant during ▇▇▇▇▇▇’s Early Occupancy. Beginning on the Early Access Date, Landlord will provide reasonable, temporary restroom facilities for Tenant’s agents, contractors, and employees. Until Substantial Completion, provided that Tenant shall abide by all of the following have occurred: (i) this Lease is fully executed safety precautions and delivered programs as may be reasonably promulgated by Landlord to ensure the safe completion of Landlord’s Work and Tenant; (ii) Tenant has paid to Landlord any Pre-Approved Alterations, and compliance with applicable health and safety regulations. In the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date event that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall does not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for give Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises on or before the Early Access Date (which period may be extended as a result of Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), Tenant shall be subject entitled to all a credit in the amount of one (1) day of Base Rent for each day after the provisions of this Lease. However, early Early Access Date until Landlord gives Tenant access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at to the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of applied against the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of Base Rent otherwise due and payable after the Commencement Date defined in Section 1.04until said credits are fully realized by Tenant. In addition, if Landlord has not given Tenant access to the Premises on or before the date that is [ ] days after the Early Access Date (which period may be extended as a result of a Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), Tenant may terminate this Lease by written notice to Landlord.

Appears in 1 contract

Sources: Lease Agreement

Early Access. Prior to the date the Landlord shall allow Tenant early Work is Substantially Complete, Tenant’s access to the Premises approximately forty five (45) days prior to LI Substantial CompletionPremises, provided that all of for the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The sole purpose of Tenant’s early access is performing improvements or installing furniture, equipment or other personal property, shall be permitted only for Tenant to install racking and other improvements and for no other purposewith the prior written consent of Landlord. Tenant’s Except as set forth in this section, early access to the Premises shall be subject to all of the provisions terms and conditions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during If such early access period to the Premises is permitted by Landlord, Tenant shall not be at required to pay Base Rent and Tenant’s sole risk and 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 Project services requested by Tenant. In connection with the foregoing, Landlord will have no obligation to secure agrees that Tenant may enter the Premises prior to Substantial Completion of the Commencement DateLandlord Work for the sole purpose of inspecting Landlord’s Work and installation of furniture, fixtures, equipment and all related network and telecommunications cabling (the “Early Entry”) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and further provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall access the Premises during the period provide Landlord with certificates of early access at insurance or other evidence acceptable to Landlord evidencing Tenant’s sole riskcompliance with its insurance obligations. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of In the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting event that Tenant’s use Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Premises for Building, Landlord may terminate Tenant’s right to Early Entry, and any delay in the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined Landlord Work attributable to such Early Entry will be deemed a Tenant Delay as provided in Section 1.04this Lease.

Appears in 1 contract

Sources: Office Lease (Cardium Therapeutics, Inc.)

Early Access. Landlord shall allow Tenant early access to (1) From and after the Premises approximately forty five (45) days prior to LI Substantial CompletionEffective Date, provided that all of the following have occurred: (i) this Lease is fully executed Subtenant and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first monthSubtenant’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord representatives shall have the right to immediately terminate Tenant’s early enter the Subleased Premises upon reasonable advance notice and accompanied by a representative of Sublandlord for the sole purpose of visually inspecting the Subleased Premises. Such access rights shall occur during regular business hours and time lost due shall be coordinated with Sublandlord and subject to such interference reasonable limitations, rules and regulations as Sublandlord may impose from time to time. Subtenant shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destructiondamages to the Subleased Premises or the Building arising out of Subtenant’s access in accordance with this provision. (2) Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) the earlier of (x) June 15, theft2012 or (y) the date the current tenant vacates the Subleased Premises and Sublandlord notifies Subtenant that the Subleased Premises is available, vandalism or any other damage (ii) the Consent Date, and (iii) the date upon which subtenant delivers to any Landlord (A) the pre-paid Base Rent required pursuant to Section 3.1(a) below, (B) the Security Deposit and (C) evidence of Subtenant’s procurement of all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property placedand equipment, kept or stored by or on behalf of Tenant or permitted furniture, fixtures and voice and data cabling, all subject to be placedthe terms, kept or stored by Tenant during any period of early access. Tenant may not operate out conditions and requirements of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use Master Lease. All of the Premises for rights and obligations of the Permitted Uses. The early access period parties under this Sublease (other than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges, carry insurance, and indemnification obligations shall end commence upon the occurrence Early Access Date; Subtenant shall be liable for any damages to the Subleased Premises or the Building caused by Subtenant’s activities in the Subleased Premises and/or the Building from and after the Early Access Date. Subtenant shall coordinate such entry with Sublandlord, and such entry shall be made in compliance with all terms and conditions of this Sublease, the Commencement Date defined in Section 1.04Master Lease and the rules and regulations attached to the Master Lease.

Appears in 1 contract

Sources: Sublease (NeurogesX Inc)

Early Access. Landlord shall allow Tenant early access Subject to compliance with the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed terms and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. HoweverSublease, early access of Sublandlord grants to Subtenant an unlimited, twenty-four (24) hour per day right (the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything “Early Access Right”) to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Sublease Premises during the period beginning on the Delivery Date and expiring on the Sublease Commencement Date (such period, the “Early Access Period”) solely for (i) the construction, storage, and installation of early access at TenantSubtenant’s sole riskequipment and (ii) the designing, permitting, and construction of Subtenant’s interior improvements (collectively, the “Initial Alterations”). Landlord shall not The Early Access Right will be liable subject to the following conditions: (w) Subtenant must have provided Sublandlord with all required evidence of required insurance under this Sublease; (x) all applicable terms and conditions of this Sublease will apply during the Early Access Period; (y) no Rent will be payable by Subtenant during the Early Access Period, but Subtenant will pay for any destructionall actual fees, theftcosts, vandalism or any other damage to any personal property placed, kept or stored and expenses incurred by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out Subtenant in connection with the performance of the Premises until Landlord or TenantInitial Alterations; and (z) all Initial Alterations will be subject to the terms and conditions of this Sublease. For the avoidance of doubt, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of Sublandlord will not provide any Subtenant improvement allowance in connection with the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Initial Alterations.

Appears in 1 contract

Sources: Sublease Agreement (Archer Aviation Inc.)

Early Access. Landlord shall allow permit Tenant early access and its agents to enter the Premises approximately forty five six (456) days weeks prior to LI Substantial Completionthe Commencement Date (“Early Access Period”) for the sole purpose of examining the Tenant Improvements (to the extent permitted under the Work Letter Agreement or otherwise agreed to by Landlord), provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of installing, at Tenant’s vendors and/or contractors. sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and as otherwise reasonably necessary to perform any facility validations required by Governmental Authorities for Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access periodPermitted Use, subject to the conditions for early access above. but in no event shall Tenant’s failure to meet any of complete such installations or validations during the conditions for early access shall not Early Access Period extend or delay the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times reasonably satisfactory to Landlord’s representative. The purpose of foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s early access is only agents, contractors and their subcontractors and employees reasonably cooperating and not unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for Tenant to install racking and other improvements and for no other purpose. any damages caused by Tenant’s early access activities at the Premises except to the Premises extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be subject deemed to be under all of the provisions of this LeaseLease except as expressly set forth in this Section 41.2. HoweverDuring the Early Access Period, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at pay Basic Rent, Operating Expenses, Real Property Taxes or costs for electricity, gas or HVAC (provided that Tenant’s sole riskusage thereof during such Early Access Period is not excessive). Landlord shall not be liable in any way for any destructioninjury, theftloss or damage which may occur to any such work being performed by Tenant, vandalism the same being solely at Tenant’s risk, except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work performed by or (excepting the Tenant Improvements or any other damage to any personal property placed, kept or stored work performed by or Landlord) on behalf of Tenant or permitted Tenant’s contractors during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage), except to be placedthe extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, kept in Landlord’s sole and absolute discretion, to settle, compromise, or stored 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 period of early accessentry. Tenant may not operate out shall coordinate such entry with Landlord’s building manager, and such entry shall, except as expressly set forth in this Section 41.2, be made in compliance with all terms and conditions of this Lease and the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Rules and Regulations attached hereto.

Appears in 1 contract

Sources: Lease Agreement (Cytori Therapeutics, Inc.)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five but no less than three (453) days months prior to LI Substantial Completionthe Target Delivery Date subject to Force Majeure and Tenant Delays (“Early Access”), provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to deposited with Landlord the first month’s Base Rent pursuant to Section 3.01 and both Installments of the Security Deposit pursuant to Section 3.021.07; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and hereunder. Tenant shall also provide evidence to Landlord of similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access Early Access is only solely for the installation of Tenant’s equipment, including but not limited to, installation of racking, IT cabling and equipment, diesel generator, radio frequency network, wired guidance system, security system, wide area network connection and similar equipment; provided, however, the listing of such equipment in this Section shall not be deemed or construed as Landlord’s approval of the same, and such approval shall be subject to the provisions and conditions set forth elsewhere in this Lease. During the last thirty (30) days of the Early Access period, Tenant may begin storing product in the Building, provided that such storage does not interfere with the timely Substantial Completion and is in compliance with any requirements of any governmental agency with jurisdiction over the Premises; provided, further, nothing contained herein shall be deemed or construed as allowing Tenant to install racking use and other improvements and occupy the Premises for no other purposethe conduct of its business during the Early Access. Tenant’s early access Early Access to the Premises shall be subject to all of the provisions of this LeaseLease except for the payment of monthly Rent. However, early access Early Access of the Premises shall not advance the expiration date of this Lease. Landlord and Tenant shall notify Landlord promptly upon commencing commercial operation of Tenantuse commercially reasonable efforts to coordinate with each other during the Early Access to minimize interference with the other’s business at the Premisesactivities. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy Early Access does not unreasonably interfere with the work of Landlord or its contractors and in the event of any interferenceinterference which threatens to delay Substantial Completion of the Landlord Improvements to the Premises, Landlord shall have the right to immediately terminate Tenant’s early access rights notify Tenant of such interfering activities, and time lost due to if such interference is not ceased within twenty-four (24) hours of such notice, such interference shall be considered deemed a Tenant Delay. .” Any materials of Tenant or its Tenant’s agents, employees, contractors, agents licensees or vendors invitees (collectively, “Tenant Parties” and individually, a “Tenant Party”) stored in the Premises during such early access Early Access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to during the Commencement DateEarly Access period. Tenant shall access the Premises during the period of early access Early Access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any Early Access period. The Early Access period shall end upon the occurrence of early accessthe Commencement Date, at which time Tenant shall have possession of the Premises for the Permitted Use subject to, and in accordance with, the provisions of this Lease, twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year during the Term of this Lease. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, Tenant has obtained any applicable business licenses and a temporary or permanent Certificate certificate of Occupancy occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence Use; Landlord shall, at no cost or expense to Landlord, use commercially reasonable efforts to assist Tenant in connection with Tenant’s efforts to obtain such certificate of the Commencement Date defined in Section 1.04occupancy.

Appears in 1 contract

Sources: Lease Agreement (Lifetime Brands, Inc)

Early Access. Landlord Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall allow be permitted to access a portion of the Premises consisting of approximately 30,562 rentable square feet as shown on the Exhibit A-1 attached to the Second Amendment to Lease (“Early Access Premises”) prior to the Commencement Date for Tenant early to use the Early Access Premises for staging in connection with ▇▇▇▇▇▇’s construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Date shall be subject to all of the provisions of this Lease. However, early access terms and obligations of the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access Premises shall not advance be $42,786.80 per month (based on $1.40 per rentable square foot of the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Early Access Premises) pro-rated on a per diem basis, and “Tenant’s business Share” of “Operating Expenses” (as defined in Exhibit B attached to the Lease) for the Early Access Premises shall be “fixed” at the amount of $7,640.50 per month, based on $0.25 per rentable square foot of the Early Access Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be at suspended in their entirety. In no event shall Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior access to the Commencement Date. Tenant shall access the Early Access Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of trigger the Commencement Date defined in Section 1.04of the Lease unless Tenant commences its regular business activities therefrom.

Appears in 1 contract

Sources: Lease (Inari Medical, Inc.)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five Commencing fifteen (4515) days prior to LI Substantial Completionthe Lease Commencement Date (the “Early Access Period”), provided that all of the following have occurred: and so long as (i) this Lease is has been fully executed and delivered by Landlord and Tenant; the parties hereto, (ii) Tenant Landlord has paid to Landlord received the first month’s (1st) monthly installment of Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and Article 3 below, (iii) Tenant Landlord has delivered received the Letter of Credit pursuant to the Letter of Credit Rider attached hereto, and (iv) Landlord has received insurance certificates evidencing all that Tenant is carrying the insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject pursuant to the conditions for early access above. Tenant’s failure to meet any terms of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Article 10 below, Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Usespurpose of the installation of Tenant’s furniture, fixtures and equipment therein; provided, however, that during such Early Access Period, all of the terms and conditions of this Lease shall apply, including, without limitation, Tenant’s obligation to pay to Landlord all sums and charges required to be paid by Tenant under this Lease, including, without limitation, charges for additional services provided to the Premises so accessed pursuant to Sections 6.1.2 and 6.2 of this Lease. The early access period Further, any work to be performed by Tenant or its contractors within the Premises shall end upon be performed in strict accordance with the terms of Article 8 of this Lease, including obtaining Landlord’s prior approval of plans for any cabling, wiring or other work which may affect systems or structure or be visible from outside the Premises and causing all contractors to comply with the Project’s construction rules and regulations. Subject to the foregoing, during such Early Access Period, so long as Tenant does not commence business operations from the Premises, Tenant shall not be obligated to pay Base Rent or Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs (as such terms are defined in Article 4 below) for the Premises so accessed by Tenant until the occurrence of the Lease Commencement Date defined in Section 1.04(and no such Base Rent nor Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs shall accrue during such Early Access Period).

Appears in 1 contract

Sources: Office Lease (InterPrivate III Financial Partners Inc.)

Early Access. Provided that Master Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall allow Tenant have early access to the Subleased Premises approximately forty five (45) days up to [***] prior to LI Substantial Completionthe Commencement Date but in all events by not later than [***] (the “Early Access Date”) for the sole purpose of installing furniture, provided that all of the following have occurred: fixtures and equipment (iincluding without limitation telephone and data cabling and equipment) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first monthperforming Subtenant’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject approved alterations to the conditions for early Subleased Premises, at no additional charge to Subtenant. Subtenant’s access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions terms and conditions of this LeaseSublease, except the payment of Rent. HoweverSublandlord shall remove all of its property, early access of furniture, trade fixtures and equipment not included in the FF&E being transferred to Subtenant from the Subleased Premises shall (the “Required Removables”) by not advance later than the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at Early Access Date or the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary in this Leasecontrary, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference Subtenant shall be considered a Tenant Delay. Any materials of Tenant responsible to repair or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior replace any damage caused to the Commencement Date. Tenant shall access Subleased Premises by Subtenant or any of the Premises Subtenant Parties during the period foregoing Early Access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of early access at Tenant’s sole risk. Landlord shall not be liable Credit for any destruction, theft, vandalism purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04subsequent amendment thereto.

Appears in 1 contract

Sources: Sublease Agreement (Toast, Inc.)

Early Access. Landlord shall allow Tenant early access Subject to the terms of this Section 2.06, and to all other applicable provisions of this Lease (including, without limitation, Article 7 of this Lease), Landlord will permit Tenant and its agents to enter the Leased Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurredCommencement Date: (ia) in order to perform through its own contractors (to be first approved by Landlord) such other work and decorations as Tenant may desire at the same time that the Landlord Work is being performed in the Leased Premises (including, without limitation, the work contemplated by Section 7.04(a) of this Lease is fully executed Lease, the installation of racking and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 distribution-related equipment, and the Security Deposit pursuant to Section 3.02installation of machinery and assembly lines); and (iiib) if, and only if, Tenant has delivered is able to obtain a temporary certificate of occupancy and any other necessary approvals from any applicable governmental authorities permitting such activities within the Leased Premises notwithstanding the fact that the Landlord’s Work will not then be complete, to operate a distribution facility within the Leased Premises. Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all will not unreasonably withhold, condition or delay its approval of Tenant’s vendors and/or contractors. Tenant’s early access period will If Landlord fails to respond to any request by Tenant for approval of any contractors within five (5) business days after its receipt of such request, Landlord shall be deemed to begin on the date that have disapproved such contractors. However, if Landlord delivers is deemed to have disapproved such contractors by reason of Landlord’s failure to timely notify Tenant in writing of Landlord’s approval or disapproval, Tenant may provide Landlord with written notice of such failure to respond (the commencement “Second Notice”), which, in order to be effective, must clearly, conspicuously and in bold type face set forth the following statement at the top of the early first page of the Second Notice: “SECOND NOTICE! THE FAILURE OF LANDLORD TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER THE RECEIPT OF THIS SECOND NOTICE BY LANDLORD SHALL BE DEEMED TO BE APPROVAL OF THE PROPOSED CONTRACTORS.” If Landlord should fail to notify Tenant in writing of its election as to such proposed alterations within five (5) business days after receipt of such Second Notice, Landlord shall be deemed to have approved the applicable contractors. The foregoing license to enter and conduct such activities prior to the Commencement Date, however, is conditioned upon Tenant’s workmen and contractors working in harmony with and not interfering with the labor employed by “Contractor” (as defined in the Work Letter), Landlord, Landlord’s mechanics or contractors or by any other tenant(s) or their contractors, and not impeding or interfering with Landlord’s Work, or the progress thereof. Such access period, shall at all times be subject to the conditions for early access abovecontrol and reasonable restrictions of Landlord. Tenant’s failure to meet If Landlord determines that any of the conditions for early access shall not extend such interference, conflict or delay the Commencement Date. The purpose of Tenant’s early access is only for has been or may be caused, and if Tenant fails to install racking and other improvements and for no other purpose. Tenant’s early access cease such interference, conflict or delay within two (2) business days after notice to the Premises shall Tenant (which notice may be subject given by telephone to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything _____________ or electronic mail to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference_____________), Landlord shall have the right to immediately terminate withdraw permission to enter the Leased Premises upon twenty-four (24) hours’ written notice to Tenant’s early access rights and time lost due to such interference . Such entry shall be considered a deemed to be under all of the terms, covenants, provisions and conditions of this Lease. However, Tenant Delay. Any materials of agrees that any such entry into, and all activities conducted by Tenant or its contractorswithin, agents or vendors stored in the Leased Premises during such early access period shall be at Tenant’s sole own risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable in any way for any destructioninjury, theftloss or damage which may occur to Tenant, vandalism or any other damage including, without limitation, to any personal of Tenant’s property placedor installations made in the Leased Premises. Tenant further agrees to protect, kept defend, indemnify and save harmless Landlord and its beneficiaries and agents from all liabilities, costs, damages, fees and expenses arising out of or stored by or on behalf connected with the activities of Tenant or permitted Tenant’s contractors in or about the Leased Premises or Building during the performance of Landlord’s Work, including, without limitation, the cost of any repairs to be placedthe Leased Premises or Building necessitated by the activities of Tenant’s contractors. In addition, kept prior to the initial entry into the Building or stored the Leased Premises by Tenant during any period and by each of early access. Tenant’s contractors, Tenant shall furnish Landlord, at Tenant’s sole cost, with policies of insurance covering Landlord, its beneficiaries and agents, as insured parties, with such coverages and in such amounts as Landlord may not operate then require in order to insure Landlord, its beneficiaries or agents against loss or liability for injury or death or damage to property arising out of the Premises until Landlord or connected with any activities of Tenant or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting ’s contractors. If Tenant’s use contractors or anyone employed by Tenant shall cause a delay in completing Landlord’s Work (regardless of whether or not Tenant ceases such delay within the Premises for the Permitted Uses. The early access time period shall end upon the occurrence of the Commencement Date defined in Section 1.04set forth above), Tenant agrees that such delay will constitute a Tenant Delay.

Appears in 1 contract

Sources: Lease (Purple Innovation, Inc.)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of Notwithstanding the provisions of this Lease. However, Clause 16 if by the Target Date the Developer shall not have achieved Shell & Core Substantial Completion but in respect of computer areas plant areas and other areas reasonably requested by the Tenant the Base Building Works are complete in accordance with the normal standards applied by architects except for items omitted at the request of the Tenant the Developer shall (subject to the Tenant paying in full the Developer's associated costs) facilitate the early access for initial Tenant's Fit Out Works by the Tenant in such areas upon such terms as to access (other than the payment of rent which shall remain as provided for in Clause 23.3.4) as shall be reasonably determined by the Developer. Provided that the Tenant will (i) not damage or cause or permit its servants agents or contractors or any other persons to damage the Base Building Works and in particular not to interfere with or permit such persons to interfere with or do or permit to be done by any such persons any act or thing which may adversely affect the carrying out or completion of the Premises shall not advance Base Building Works (ii) comply in all respects with the expiration date reasonable safety requirements of the Developer and provided further that the Developer's liability to pay Liquidated Damages pursuant to the terms of this LeaseAgreement shall be reduced by the same proportion which the areas to which the Tenant is allowed early access bear to the total Net Internal Area of the Demised Premises. 17. COMPLETION OF THE FIT OUT WORKS 17.1 INSPECTION, REPRESENTATIONS AND ISSUE OF CERTIFICATE The Tenant shall notify Landlord promptly upon commencing commercial operation procure that:- 17.1.1 the Developer shall be given not less than five (5) Working Days' notice of Tenant’s business at the Premises. Notwithstanding anything intention of the Fit Out Architects to inspect the Fit Out Works with a view to the contrary in this Lease, Landlord issue of the Certificate of Completion of Fit Out Works (or any part thereof); 17.1.2 that the Developer and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work such of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference consultants as it may wish shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in given the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation opportunity to secure accompany the Premises Fit Out Architects on the final inspection prior to the Commencement Date. Tenant shall access issue of the Premises during Certificate of Completion of Fit Out Works (or part thereof) in order that the period of early access at Tenant’s sole risk. Landlord Developer may (but shall not be liable for bound to) make whatever representations to the Fit Out Architects which the Developer thinks fit as to whether or not the Fit Out Works or the relevant part shall have been practically completed; 17.1.3 the Fit Out Architects will have regard to (but shall not be bound by) any destruction, theft, vandalism or any other damage representations made pursuant to any personal property placed, kept or stored by or on behalf of Sub-Clause 17.1.2; and 17.1.4 the Tenant or permitted shall supply to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out the Developer a copy of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use Completion of Fit Out Works or part thereof when issued together with any snagging list and subject to Clause 17.2 the date specified in the Certificate of Completion of Fit Out Works or part thereof shall be the date of practical completion of the Premises Fit Out Works or the relevant part thereof for the Permitted Usespurposes of this Agreement. The early access period Tenant shall end upon procure the occurrence prompt and effective remedy of all defects or other items referred to in any snagging or similar list or schedule to the Commencement Date defined Certificate of Completion of Fit Out Works and shall keep the Developer fully informed and up to date in Section 1.04that regard.

Appears in 1 contract

Sources: Agreement for Lease (Goldman Sachs Group Inc)

Early Access. Landlord Depending on the progress of the construction of the Tenant Improvements, Tenant shall allow be given access to the Leased Premises up to two (2) weeks prior to the Term Commencement Date in order for Tenant to install Tenant’s furniture, trade fixtures, equipment, telephone networks and computer networks, and to perform general set-up for Tenant’s business operations. From the date Tenant is given early access to the Leased Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of as set forth above through the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Term Commencement Date. The purpose of Tenant’s early access is only for , Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions covenants in the Lease, except that Tenant’s obligation to pay Rent shall commence in accordance with the Basic Lease Information sheet of this the Lease; provided, however, (i) Tenant shall not enter the Leased Premises unless they are accompanied by a person designated by Landlord, if required by Landlord, and Tenant shall provide to Landlord at least 24 hours prior written notice prior to such entry, (ii) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (iii) Tenant (and ▇▇▇▇▇▇’s contractors, vendors, agents, and employees) shall not disrupt or delay the construction of the Tenant Improvements, and (iv) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall in no event give directions to (or otherwise interfere with) the Contractor or others performing the Tenant Improvements. HoweverTenant shall indemnify and hold the Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access of Tenant. This Confirmation of Term of Lease is made by and between MACH II 180 LLC, a Delaware limited liability company, as Landlord, and MARQETA, INC. a Delaware corporation as Tenant, who agree as follows: 1. Landlord and Tenant entered into an Office Building Lease dated March 1, 2016 (the “Lease”), in which Landlord leased to Tenant and Tenant leased from Landlord the Leased Premises shall not advance described in the expiration date Basic Lease Information sheet of this Leasethe Lease (the “Leased Premises”). 2. Tenant shall notify Landlord promptly upon commencing commercial operation Pursuant to Section 3.1 of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate hereby confirm as follows: a. August 12, 2016 is the Term Commencement Date; b. November 30, 2023 is the Term Expiration Date; and c. November 12, 2016 is the commencement date of Rent under the Lease. 3. Tenant hereby confirms that the Lease is in order to ensure that Tenant’s early occupancy does not interfere with full force and effect and: a. It has accepted possession of the work of Landlord or its contractors and Leased Premises as provided in the event Lease; b. The improvements and space required to be furnished by Landlord under the Lease have been furnished; c. Landlord has fulfilled all its duties of any interferencean inducement nature; d. The Lease has not been modified, Landlord altered or amended, except as follows: N/A; and e. There are no setoffs or credits against Rent and no security deposit has been paid except as expressly provided by the Lease. 4. The provisions of this Confirmation of Term of Lease shall have inure to the right benefit of, or bind, as the case may require, the parties and their respective successors, subject to immediately terminate Tenant’s early access rights the restrictions on assignment and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored subleasing contained in the Premises during such early access period shall be at TenantLease. ///signature page flows/// DATED: 9/6/16 “LANDLORD”: a Delaware limited liability company By: Mach II ▇▇▇▇▇ Investments LLC, a Delaware limited liability company, its Managing Member By: MEP II Investors LLC, a California limited liability company, its Administrative Manager By: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLC, a California limited liability company, it’s sole risk Sole Member and Landlord will have no obligation to secure the Premises prior to the Commencement DateManager By: /s/ ▇▇▇▇▇ ▇. Tenant shall access the Premises during the period of early access at Tenant’s sole risk▇▇▇▇▇ Printed Name: ▇▇▇▇▇ ▇. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.▇▇▇▇▇ Title: Managing Member

Appears in 1 contract

Sources: Office Building Lease (Marqeta, Inc.)

Early Access. Prior to the Commencement Date of this Sublease (but after the Master Landlord has consented in writing to this Sublease). Subtenant shall have access to the Sublet Premises and the Building Common Areas and Roof Area to prepare the Sublet Space for occupancy (i.e., installing furniture, fixtures and equipment, telecommunications equipment and storing tiles). In particular, Sublandlord shall vacate the portion of the Sublet Premises designated as area "A" in the Floor Plan, and with the exception of the Improvements and the FF&E (hereinafter defined), such area shall be cleared of all persons and personal property, and following the execution and delivery of this Sublease by the parties, Sublandlord shall allow Tenant Subtenant to occupy such area, within 2 business days after the execution and delivery of this Sublease by Sublandlord and Subtenant, for the purpose of commencing improvements and preparing such space for occupancy. If Subtenant occupies the Sublet Premises before the Commencement Date for any use other than construction of Subtenant's improvements thereto or staging Subtenant's personal property in the Sublet Premises, Subtenant shall be liable (for the period commencing on the date of such early access to the Premises approximately forty five (45Commencement Date) days prior to LI Substantial Completion, provided that all for its share of the following have occurred: (i) this Lease is fully executed and delivered cost of utilities enjoyed by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent Subtenant during that period as reasonably determined by Sublandlord pursuant to Section 3.01 invoices and the Security Deposit pursuant other supporting documentation submitted to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractorsSubtenant. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early Any ear]y access shall not extend or delay give rise to a right of possession in Subtenant's favor unless and until the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined condition precedent described in Section 1.044 below has been met.

Appears in 1 contract

Sources: Sublease (American Technology Corp /De/)

Early Access. Landlord shall agrees to allow Tenant early to have reasonable access to the each Phase Expansion Premises approximately forty five up to ninety (4590) days prior to LI Substantial Completionthe applicable Phase Expansion Premises Commencement Date for such Phase Expansion Premises (“Early Access”), for the limited purposes of making certain improvements including, but not limited to, installing its wiring, furniture, fixtures and equipment (collectively, the “Early Tenant Work”), provided that all such access shall not delay or materially interfere with the performance of the following have occurred: Expansion Delivery Work by Landlord. Any Early Access for performing Early Tenant Work shall be subject in each case to (i) this Landlord’s approval of the schedule and scope of such work in accordance with the terms and provisions of the Lease is fully executed regarding Alterations (and delivered which shall not delay the performance by Landlord and Tenant; of the Expansion Delivery Work), (ii) Tenant has paid Landlord’s approval of Tenant’s contractors or vendors for such work not to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and be unreasonably conditioned, withheld, or delayed provided that union labor shall be required, (iii) Landlord’s receipt from Tenant has delivered of copies of all necessary permits for the applicable Early Tenant Work, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to Landlord certificates evidencing all insurance required the applicable Early Tenant Work in accordance with Section 8 of the Original Lease. Tenant shall be responsible for any damage to be carried the Expansion Delivery Work or the Expansion Premises caused by Tenant hereunder or its employees, agents, contractors, subcontractors, material suppliers and similar insurance coverage for laborers in connection with any and all of Tenant’s vendors and/or contractorsEarly Access. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Any Early Access shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure as amended hereby, that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due are applicable to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Phase Expansion Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destructionTerm therefor, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises except for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04obligation to pay Base Rent and Expense Excess and Tax Excess charges with respect to such Phase Expansion Premises.

Appears in 1 contract

Sources: Third Amendment to Lease (Klaviyo, Inc.)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed Subtenant and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first monthSubtenant’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord representatives shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in enter the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Subleased Premises during the period period, if any, commencing on the Effective Date and ending on the day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of early access at Tenantinstallation of the Initial Subtenant Improvements (defined in Section 15.2 below), Subtenant’s sole riskpersonal property and the testing and installation of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of this Sublease. Landlord All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Rent and utilities and Subtenant’s maintenance and repair obligations, but expressly including without limitation, Subtenant’s obligation to carry insurance, Subtenant’s indemnification obligations, and/or Subtenant’s liability for damages, costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the terms of this Sublease) shall not commence upon the Early Access Date, and Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be liable for any destructiondamages to the Subleased Premises caused by Subtenant’s activities at the Subleased Premises from and after the Early Access Date and, theftprior to entering the Subleased Premises, vandalism or any other damage Subtenant shall obtain all insurance it is required to any personal property placedobtain hereunder and shall provide certificates of such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, kept or stored by or on behalf and such entry shall be made in compliance with all terms and conditions of Tenant or permitted this Sublease, the Master Lease and the rules and regulations attached to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Master Lease.

Appears in 1 contract

Sources: Sublease (Pain Therapeutics Inc)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed Subtenant and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first monthSubtenant’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord representatives shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in enter the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Subleased Premises during the period period, if any, commencing on the Effective Date and ending on the day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of early access at Tenantconstruction of Subtenant Alterations (defined in Section 15.2 below), installation of Subtenant’s sole riskpersonal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of this Sublease. Landlord All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges, Subtenant’s obligation to carry insurance, Subtenant’s indemnification obligations, and/or Subtenant’s liability for damages, costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the terms of this Sublease) shall not commence upon the Early Access Date, and Subtenant shall be deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be liable for any destructiondamages to the Subleased Premises caused by Subtenant’s activities at the Subleased Premises from and after the Early Access Date and, theftprior to entering the Subleased Premises, vandalism or any other damage Subtenant shall obtain all insurance it is required to any personal property placedobtain hereunder and shall provide certificates of such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, kept or stored by or on behalf and such entry shall be made in compliance with all terms and conditions of Tenant or permitted this Sublease, the Master Lease and the rules and regulations attached to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Master Lease.

Appears in 1 contract

Sources: Sublease (Guidewire Software, Inc.)

Early Access. Landlord shall allow Tenant early access (subject to the terms hereof) to the Premises approximately forty five free from other occupants or tenancies no later than January 1, 2026 (45) days prior to LI Substantial Completionas may be extended for Force Majeure, “Early Access”; and the date on which Tenant initially accesses the Premises, the “Early Access Date”), provided that all of the following have occurredthat: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid obtained all permits required for the activities Tenant wishes to Landlord the first month’s Base Rent engage in pursuant to this Section 3.01 and the Security Deposit pursuant to Section 3.02; 2.03, and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar hereunder. Tenant shall also provide evidence to Landlord of insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed contractors as is reasonably acceptable to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement DateLandlord. The purpose of Tenant’s Early Access is for installation of Tenant’s equipment, including but not limited to, installation of racking, IT cabling and equipment, radio frequency network, wired guidance system, security system, wide area network connections, conveyor and print and apply automation, air compressors, corrugated baler, vertical plastic baler, battery changer rails, charges and racks, and any other similar purpose (but not for the purpose of conducting Tenant’s business operations within the Premises); provided, however, the listing of such equipment in this Section shall not be deemed or construed as Landlord’s approval of the same, and such approval shall be subject to the provisions and conditions set forth elsewhere in this Lease. Subject to the terms of the immediately succeeding sentence, Tenant shall not commence its business operations within the Premises during such early access is only occupancy period. Subject to compliance with Applicable Laws and receipt of permits required for such activities, Tenant may begin shipping product to install racking and other improvements and for no other purposethe Building during the Early Access period, provided that such shipment does not interfere with Landlord’s completion of the Landlord Improvements. Tenant may not ship any product from the Building during the Early Access period. Tenant’s early access Early Access to the Premises shall be subject to all of the provisions of this Lease. However, early access except for the payment of Rent, however, Early Access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order with each other to ensure that during Tenant’s early occupancy does not Early Access, neither Landlord nor Tenant shall unreasonably interfere with the work use of the space by the other party; provided, however, except as expressly set forth in Section 2.02 above, Landlord or its contractors shall not be liable for (and Tenant shall not be entitled to any abatement of rent related to) any interference in Tenant’s use of the Premises arising from Landlord’s completion of the Landlord Improvements. In the event of any such alleged unreasonable interference, Landlord shall have the right to immediately terminate Tenantimmediately, after ▇▇▇▇▇▇▇▇’s early access rights actual knowledge thereof, notify Tenant of such interfering acts by ▇▇▇▇▇▇, and time lost due to if such interference is not ceased within twenty-four (24) hours of such notice, such interference shall be considered constitute a Tenant Delay, as defined in Exhibit D, for the period of time starting from the initial date of such interfering act until Tenant remedies such interference. Any materials of Tenant or its Tenant’s agents, employees, contractors, agents or vendors licensees or invitees (collectively, “Tenant Parties” and individually, a “Tenant Party”) stored in the Premises during such early access Early Access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access Except to the Premises during the period extent caused by gross negligence or willful misconduct of early access at TenantLandlord or any of Landlord’s sole risk. agents, employees, contractors, licensees or invitees (collectively, “Landlord Parties” and individually, a “Landlord Party”), Landlord or any Landlord Party shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period Early Access period. Except to the extent caused by gross negligence or willful misconduct of early access. Tenant may or any Tenant Party, Tenant or any Tenant Party shall not operate out of the Premises until Landlord be liable for any destruction, theft, vandalism or Tenantany other damage to any personal property placed, as applicable, has obtained a temporary kept or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Usesstored by any other party during any Early Access period. The early access Early Access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Date, at which time Tenant shall have possession of the Premises for its full use for the Permitted Use and occupancy, pursuant to and subject to the terms of this Lease, twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year during the Term of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Lifetime Brands, Inc)

Early Access. For the purpose of Tenant completing Tenant’s Work, as set forth in Exhibit B, and subject to the terms and conditions of this Section 4.5, Landlord shall allow agrees to grant Tenant early (or Tenant’s designated contractor or service person) access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all the Delivery of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early Premises as long as such access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall does not extend interfere with or delay the performance of Landlord’s work required to satisfy the requirements for the Delivery of the Premises (the “Early Access Period”). Any delays in the completion of the Landlord’s work required for the satisfaction of the Delivery of the Premises conditions set forth in Section 3.3 above attributable to Tenant’s activities in the Premises during the Early Access Period shall accelerate the Delivery of the Premises and the Commencement Date by one day for each day of such Tenant delays. Unless Landlord otherwise agrees thereto in writing, Tenant shall have no right to occupy all or any part of the Premises prior to Delivery of the Premises. Such Early Access Period shall not advance the Commencement Date or the Expiration Date, but such access shall be subject to all provisions of this Lease, excluding payment of monthly Base Rent, Tenant’s Share of Operating Expenses and Tenant’s payment of any applicable utility charges for such Early Access Period preceding the Delivery of the Premises. From the Delivery of the Premises until the Commencement Date (the “Early Occupancy Period”), Tenant shall have unrestricted access to the Premises in order to perform Tenant’s Work. Tenant shall have no right to occupy all or any part of the Premises during the Early Occupancy Period other than to perform the Tenant’s Work. Such Early Occupancy Period shall not advance the Commencement Date or the Expiration Date; but such access shall be subject to all provisions of this Lease, excluding payment of monthly Base Rent, Tenant’s Share of Operating Expenses (but subject to Tenant’s payment of any applicable utility charges for such Early Occupancy Period preceding the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose). Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access and occupancy of the Premises shall not advance also be subject to the expiration date of this Lease. following terms and conditions: (a) Prior to any such access, Tenant shall notify have delivered to Landlord promptly upon commencing commercial operation a certificate(s) of insurance for all insurance required to be maintained by Tenant hereunder, as further described in Section 11. (b) Tenant’s business at the Premises. Notwithstanding anything access to the contrary in this Lease, Landlord and Tenant Premises during the Early Access Period shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work completion of Landlord or its contractors and in the event of any interferenceLandlord’s Work (if any). (c) Without limiting anything contained herein, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials completion of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk Work and Landlord will have no obligation to secure any occupancy of the Premises prior to the Commencement Date. Tenant Date shall access the Premises during the period of early access at be subject to Tenant’s sole risk. Landlord shall not be liable for any destructionindemnification obligations set forth in Sections 8.6(b), theft12.2, vandalism or any other damage to any personal property placed20.3, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.0423.19 and elsewhere herein.

Appears in 1 contract

Sources: Standard Industrial Lease (Alphatec Holdings, Inc.)

Early Access. (a) Landlord shall allow hereby agrees to permit Tenant early access access, at Tenant's sole risk and expense, to the Premises approximately forty five (45) First Floor Laboratory Space 30 days prior to LI Substantial Completion, the First Floor Laboratory Space Effective Date to perform any work required by Tenant (other than Landlord's Work); provided that all of the following have occurred: (i) this Lease Tenant's work is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 coordinated with Landlord's architect and the Security Deposit pursuant to Section 3.02; general contractor, and (iii) Tenant has delivered to complies with the Lease and all other reasonable restrictions and conditions Landlord certificates evidencing may impose, and all insurance required to such access shall be carried during normal business hours or at such other times as are reasonably designated by Landlord. Any entry by Tenant hereunder shall comply with all established safety practices of Landlord's contractor and similar insurance coverage for any Landlord until completion of Landlord's Work and all of acceptance thereof by Tenant’s vendors and/or . (b) Neither Tenant nor its employees, consultants, agents, contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access and suppliers shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work performance of Landlord or its contractors and Landlord's Work in the event First Floor Laboratory Space, nor with any inspections or issuance of any approvals by San Diego County or the City of San Diego, and upon any such interference, Landlord shall have the right to immediately terminate exclude Tenant and Tenant’s early 's employees, consultants, contractors and agents from the First Floor Laboratory Space until Substantial Completion of Landlord's Work. (c) In connection with Tenant's right to access rights the First Floor Laboratory Space prior to the First Floor Laboratory Effective Date, Tenant hereby agrees to indemnify and time lost due hold Landlord harmless from any loss of or damage to such interference shall be considered a Tenant Delay. Any Tenant's property, completed work, fixtures, equipment, materials or merchandise, and from liability for death of, or injury to, any person, caused by the willful misconduct or negligence of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04agents.

Appears in 1 contract

Sources: Lease Agreement (Amylin Pharmaceuticals Inc)

Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 Subtenant and the Security Deposit pursuant consultants Subtenant engages to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenantprovide the Subtenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord Plans shall have the right to immediately terminate Tenantenter the Subleased Premises from and after the Effective Date upon reasonable notice to the Sublandlord for the sole purpose of preparing the Subtenant’s Plans. In addition, Subtenant shall have the right to access and occupy the Subleased Premises from and after the later of: (a) the Plan Approval Date; or (b) December 1, 2017 (the “Early Access Date”), solely for purposes of performing Subtenant’s Work and early access rights and time lost due to entry for such interference purposes shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to not trigger the Commencement Date. Tenant Subtenant agrees (i) any such early entry by Subtenant shall access be at Subtenant’s sole risk, (ii) Subtenant shall not unreasonably interfere with Sublandlord or other tenants in the Premises Building, (iii) Subtenant shall comply with and be bound by all provisions of the Sublease during the period of any such early access at Tenant’s sole risk. entry, except for the payment of Gross Rent and Additional Rent, (iv) prior to entry upon the Subleased Premises by Subtenant, Subtenant agrees to pay for and provide to Sublandlord certificates evidencing the existence and amounts of liability insurance carried by Subtenant, which coverage must comply with the provisions of the Sublease relating to insurance, (v) Subtenant and its agents and contractors agree to comply with all laws required to perform its work during the early entry on the Subleased Premises, and (vi) Subtenant agrees to indemnify, protect, defend (with counsel selected by Sublandlord) and save Sublandlord and Prime Landlord shall not be liable for and their respective employees, agents, contractors, managers, members, and representatives harmless from and against any destructionand all liens, theftliabilities, vandalism or any other damage to any personal property placedlosses, kept or stored by or on behalf damages, costs, expenses, demands, actions, causes of Tenant or permitted to be placedaction and claims (including, kept or stored by Tenant during any period of early access. Tenant may not operate without limitation, reasonable attorneys’ fees and legal costs) arising out of the Premises until Landlord early entry, use, construction, or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use occupancy of the Subleased Premises for by Subtenant or its agents, employees or contractors. To the Permitted Uses. The early access period shall end upon extent in Sublandlord’s possession or control, Sublandlord will provide a set of “as built” drawings to Subtenant at no cost promptly after the occurrence of the Commencement Date defined in Section 1.04Effective Date.

Appears in 1 contract

Sources: Sublease Agreement (Zynex Inc)

Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the Guaranty, the prepaid Base Rent and the Security Deposit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall allow provide Tenant with early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice Delivery Date. Such period of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay commence on the Delivery Date and continue through the date immediately preceding the Commencement Date. The purpose of Date (the “Early Access Period”), and Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to during the Premises Early Access Period shall be subject to all of the provisions terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date). HoweverNotwithstanding the foregoing, early access the conduct of business in the Premises shall not advance cause an immediate acceleration of the expiration Commencement Date to the date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s initial conduct of business in the Premises; provided, however, that it shall not constitute the “conduct of business” for Tenant to store assets and equipment at the PremisesPremises or to allow Tenant Parties access to such assets and equipment to remove them during the Early Access Period. Notwithstanding anything During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Complex) for the sole purpose of storing equipment, installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever except to the contrary in this Lease, Landlord extent caused by Landlord’s gross negligence or willful misconduct. Such early access and Tenant such installation shall reasonably cooperate in order be permitted only to ensure the extent that Tenant’s such early occupancy does access and installation activities will not interfere with the work access, use and occupancy of the Building or the Complex by Landlord or any other tenant or occupant. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its contractors agents and in the event of any interferencecontractors, Landlord shall have the right reasonably satisfactory to immediately terminate Tenant’s early access rights Landlord, prior to and time lost due as a condition to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractorsearly access, agents or vendors stored in the Premises during and (y) comply with all Laws applicable to such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure work in the Premises prior to the Commencement DatePremises. For purposes of clarity, Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destructionrequired to pay Base Rent and Additional Rent during the Early Access Period; provided, thefthowever, vandalism or any other damage Tenant shall pay the cost of services and utilities provided to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Premises.

Appears in 1 contract

Sources: Industrial Lease Agreement (Heritage Global Inc.)

Early Access. Tenant shall be permitted access (“Early Access”) to at least fifteen percent (15%) of the Premises before July 1, 2017 (“Early Access Date”), as such date may be extended as a result of any Force Majeure Delays or Tenant Delays (provided, that, except for Force Majeure attributable to a regional-wide catastrophic event, the aggregate of all Force Majeure Delays shall not be in excess of thirty (30) days), for the purpose of installation of its furniture, fixtures and equipment, inventory relocation and testing of equipment (“Tenant’s Work”). The Tenant’s Work shall not include the Tenant Improvements. Prior to beginning Tenant’s Work, Tenant shall submit to Landlord: (i) such information as may be reasonably requested by Landlord regarding the nature and location of the Tenant’s Work; and (ii) the names of the separate contractors who will provide and install Tenant’s Work (the “Tenant’s Contractors”). Tenant shall not commence actual construction within the Premises until Tenant and Tenant’s Contractors have submitted to Landlord the insurance required by Landlord. All Tenant’s Work shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used. The Tenant’s Work performed by Tenant’s Contractors shall be allowed only (a) to the extent permitted by the applicable Governmental Authorities, including, but not limited to, the issuance of a temporary certificate of occupancy authorizing Tenant to do so if required by the City, provided that the issuance of such certificate by the Early Access Date shall not be the obligation of Landlord, (b) comply with the reasonable and non-discretionary safety requirements of the General Contractor, (c) comply with all Legal Requirements, and (d) comply with the requirements of Article XII hereof. Tenant shall permit Landlord to observe all construction operations within the Premises. No silence or statement by Landlord or any Landlord representative shall be deemed or construed as an assumption by Landlord or any Landlord representative of any responsibility for or in relation to the construction of the Tenant’s Work or any guarantee that the Tenant’s Work completed within the Premises complies with laws, is suitable or acceptable to Tenant for Tenant’s intended business purposes or complies with the terms of this Lease. Tenant’s use and occupancy of the Land during the Early Access Period shall (1) be done in a manner as to not render Landlord’s or General Contractor’s insurance thereon void or more expensive unless Tenant agrees to pay any increase, (2) be allowed only to the extent permitted by the applicable Governmental Authorities, including, but not limited to, the issuance of a temporary certificate of occupancy authorizing Tenant to do so if required by the City, provided that the issuance of such certificate by the Early Access Date shall not be the obligation of Landlord, (3) be performed in such a manner that will not cause any unreasonable interference with Landlord, General Contractor or any subcontractors or material suppliers, (4) not commence unless insurance of Tenant as required by this Lease has been provided, (5) be at the sole risk and expense of Tenant, (6) comply with the safety requirements of the General Contractor, (7) comply with all Legal Requirements, (8) comply with the requirements of Article XII hereof, and (9) shall be for the sole purpose of performing the Tenant’s Work. Tenant shall indemnify and hold Landlord harmless from and against any and all liens, claims, demands, injuries, damages, reasonable costs and expenses (including also reasonable attorneys’ fees) and liabilities to the extent incurred by or asserted against Landlord or the Premises as a result of any of early entries pursuant to this Section 4.7. Tenant’s early use and occupancy of the Land shall also be subject to all the terms and conditions of this Lease, other than the obligation of Tenant to pay Rent. Tenant, at its sole cost and expense, shall file all necessary plans with the appropriate governmental authorities having jurisdiction over Tenant’s Work. Tenant shall be responsible for obtaining all permits, authorizations and approvals necessary to perform and complete Tenant’s Work. Tenant shall not commence Tenant’s Work until the required permits authorizations and approvals for the performance and completion of Tenant’s Work are obtained and delivered to Landlord. Tenant and Tenant’s Contractors shall coordinate access and Tenant’s Work with Landlord in order to prevent any delay or disruption in the on-time completion of the Landlord’s construction obligations pursuant to the terms of this Article IV hereof. Tenant shall at all times keep the Premises and adjacent areas free from accumulations of waste materials or rubbish caused by its suppliers, contractors or workmen. Landlord reserves the right to do clean-up at the expense of Tenant if Tenant fails to comply with Landlord’s reasonable cleanup requirements. At the completion of Tenant’s Work, Tenant’s Contractors shall forthwith remove all rubbish and all tools, equipment and surplus materials from and about the Premises. Any damage caused by Tenant or Tenant’s Contractors to any portion of the Premises or to any property of Landlord shall allow be repaired forthwith by Tenant early access at its expense to the Premises approximately forty five condition prior to such damage. Tenant and Tenant’s Contractors shall assume responsibility for the prevention of accidents and shall take all reasonable safety precautions with respect to Tenant’s Work and shall comply with all reasonable safety measures initiated by Landlord and with all Legal Requirement applicable to Tenant’s Work including those of any public authority for the safety of persons or property. Tenant shall advise Tenant’s Contractors to report to Landlord any injury to any of its agents or employees and shall furnish Landlord a copy of the accident report filed with its insurance carrier within three (453) days of its occurrence. Tenant shall procure and maintain or cause Tenant’s Contractors to maintain the kinds and amounts of insurance as reasonably required by Landlord and otherwise in accordance with the requirements set forth in Article IX of this Lease. Prior to the commencement of any construction activity on the Premises, certificates evidencing such insurance required herein shall be delivered to Landlord. Such policies shall be renewed and new certificates shall be deposited with Landlord at least thirty (30) days prior to LI Substantial Completion, provided that all the expiration of the following have occurred: (i) this Lease is fully executed existing policies. All insurance policies shall be written with insurance companies and delivered by shall be in form reasonably satisfactory to Landlord and Tenant; shall name Landlord as an additional insured and loss payee as its interests may appear and shall provide that they may not be terminated or materially modified without thirty (ii30) Tenant has paid days’ advance written notice to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all Landlord. The minimum limits of insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of shall not limit or diminish Tenant’s vendors and/or contractorsliability under the Lease. The failure of Landlord to obtain such evidence from Tenant or Tenant’s early access period will Contractors before permitting construction to commence shall not be deemed to begin on the date that be a waiver by Landlord delivers written notice of the commencement of the early access periodany requirement herein, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order remain under continuing obligation to ensure that maintain and cause Tenant’s early occupancy does not interfere with Contractors to maintain the work of Landlord or its contractors specified insurance coverage. Any and in the event of all deductibles on referenced insurance coverages shall be borne by Tenant and, if applicable, Tenant’s Contractors. Tenant expressly understands and agrees that any interference, insurance maintained by Landlord shall have the right to immediately terminate apply in excess of and not contribute with insurance provided by Tenant or Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Contractors.

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Sources: Lease (5.11 Abr Corp.)