Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 2 contracts
Sources: Office Lease (Celator Pharmaceuticals Inc), Office Lease (Celator Pharmaceuticals Inc)
Early Access. Subject to the terms herein and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsTenant’s compliance with all applicable Laws, Tenant shall have reasonable access to the Premises solely for (“Early Access”) during completion of the purposes of installing wiring and cabling in connection with the Leasehold Improvements to coordinate installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems cabling and facilities installed within wiring and during the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days 2-week period immediately prior to Substantial CompletionCompletion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or unreasonably delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall have access be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Premises solely for Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the purposes Leasehold Improvements so as not to delay completion of installing the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has early entry does not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) any work 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 be performed by Landlord and Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work being performed by Tenantdelaying Landlord’s ability to obtain its permits, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of a Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateDelay.
Appears in 2 contracts
Sources: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.)
Early Access. Subject After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction point where permitting Tenant to enter the Premises will not adversely affect the timely completion of or the cost of completion of the remaining elements of Landlord’s Work, then Landlord will permit Tenant Improvementsand ▇▇▇▇▇▇’s contractors, Tenant shall have access employees, agents and other designees to enter the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s)common areas and, computer network and/or any specialized security systems or other similar systems as reasonably necessary, spaces above and facilities installed within below the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty not later than thirty (2030) days prior to Substantial Completionthe Commencement Date, at no additional cost to Tenant shall have access to and without the Premises solely payment of Base Rent, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Excess or Tenant’s Proportionate Share of the Tax Excess, for the purposes limited purpose of installing Tenant’s furniture, fixtures and equipment. In Any such early entry shall be at Tenant’s sole risk and expense and Landlord shall have no liabilities or obligations to Tenant in connection with the access granted therewith, including any liability for damage or injury to persons or property in this Section 2.5connection therewith. Prior to such entry, Tenant agrees (i) shall obtain and submit to cease promptly upon notice from Landlord any activity or work which has not been approved all insurance coverages required pursuant to this Lease. Upon such entry, Tenant shall be bound by Landlord (where such approval is required) or is not in compliance and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease or which shall interfere with or delay regarding the performance of alterations, improvements and installations in the Tenant ImprovementsPremises, and (ii) notwithstanding that the Commencement Date may not yet have occurred. All of such work performed by ▇▇▇▇▇▇ in the Premises prior to comply, and cause its contractors to comply, promptly the Commencement Date shall be reasonably coordinated with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating any work being performed by Landlord and work being performed by Tenant, each with so as not to delay the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions completion of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke TenantLandlord’s right of access to the Premises until the Commencement DateWork.
Appears in 2 contracts
Sources: Lease (Lendbuzz Inc.), Lease (Lendbuzz Inc.)
Early Access. Subject After Landlord determines that the Landlord’s TI Work has sufficiently progressed to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction point where permitting Tenant to enter the Premises will not adversely affect the timely completion of the remaining elements of the Base Building Work and/or the Landlord’s TI Work, then approximately four (4) weeks prior to the Commencement Date Landlord shall permit Tenant Improvementsto enter the Premises for the limited purpose of preparing the Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s sole risk and expense, and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entry, Tenant shall have access be bound by and shall comply with all provisions of this Lease (excepting only the obligations to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of pay Base Rent, Tenant’s telecommunications system(sPro Rata Share of Expenses, Tenant’s Pro Rata Share of Taxes or the Amenity Fee), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with including the provisions of this Lease or which shall interfere with or delay regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred. Without limitation, all of such work performed by Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly in the Premises shall be coordinated with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating any work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all damage the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent Building or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply interfere with any the timely performance of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke TenantBase Building Work and/or the Landlord’s right of access to the Premises until the Commencement DateTI Work.
Appears in 2 contracts
Sources: Lease Agreement (Aurion Biotech, Inc.), Lease Agreement (Aurion Biotech, Inc.)
Early Access. Subject Notwithstanding anything to the contrary in the Lease, commencing on the Effective Date, Tenant shall have the right to early occupancy of the Early Occupancy Premises portion of the Premises subject to all of the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsLease; provided, however, that Tenant shall have not be required to pay Base Rent and Tenant’s Share of Operating Expenses with respect to the Early Occupancy Premises from the Effective Date through the Commencement Date. Tenant acknowledges that Landlord may require access to the Early Occupancy Premises solely for in order to complete Landlord’s Work. Landlord and its contractors and agents shall have the purposes of installing wiring right to enter the entire Premises to complete Landlord’s Work and cabling Tenant shall cooperate with Landlord in connection with the installation same. Tenant acknowledges that Landlord’s completion of Landlord’s Work may adversely affect Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems use and facilities installed within occupancy of the Early Occupancy Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access no right to seek damages or to cancel or terminate the Lease because of any adverse effect caused by the performance of Landlord’s Work prior to the Premises solely for the purposes of installing Tenant’s furniture, fixtures Commencement Date and equipment. In Tenant waives all claims against Landlord in connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period Landlord’s Work prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 2 contracts
Sources: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)
Early Access. Subject to the terms herein and conditions set forth in this Section 2.5Tenant’s compliance with all applicable Laws, commencing promptly after Landlord commences construction of the Tenant Improvementswithout additional charge to Tenant, Tenant shall have reasonable access to the Leased Premises solely for the purposes (“Early Access”) during completion of installing wiring and cabling in connection with the Landlord’s Work to coordinate installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems cabling and facilities installed within wiring and during the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days 30 day period immediately prior to Substantial CompletionCompletion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s Early Access does not interfere with, or delay completion of Landlord’s Work, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant’s Early Access is subject to Landlord’s construction schedule and all Early Access shall be as directed by Landlord or Landlord’s contractors. Tenant shall have access be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Premises solely for the purposes Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with Landlord’s Work so as not to delay completion of installing Landlord’s Work and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has early entry does not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) any work 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 be performed by Landlord and Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work being performed by Tenantdelaying Landlord’s ability to obtain its permits, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of a Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateDelay.
Appears in 1 contract
Early Access. Subject to Provided that Tenant does not materially interfere with or materially delay the terms and conditions set forth in this Section 2.5, commencing promptly after completion by Landlord commences construction or its agents or contractors of the Tenant ImprovementsLandlord’s Work, Tenant shall have access the right to enter the Premises solely for during the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty thirty (2030) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any day period prior to the Commencement Date, during normal business hours and without payment of Annual Fixed Rent or Additional Rent (bas hereinafter defined), for the purpose of installing equipment, telecommunications and data wiring and cabling, furniture and similar items; and such entry shall be made in compliance with all terms and conditions of this Lease (except as set forth herein) and the Rules and Regulations then in effect for the Building and shall be coordinated with Landlord’s building manager. Such right of entry shall be deemed a license from Landlord to Tenant, and any entry thereunder shall be at the risk of Tenant. For the avoidance of doubt, any delays caused in the completion of Landlord’s Work arising directly or indirectly from the entry by Tenant to the Premises pursuant to the provisions hereof shall be deemed a Tenant Delay, subject to any applicable notice and cure period. Provided that Tenant has not begun operating its business from the Premises, and subject to all of the terms and conditions of this Lease, the foregoing activity shall not be deemed thereby to have taken or accepted constitute the delivery of possession of the Premises or any portion thereofto Tenant and the Term shall not commence solely as a result of said activities. If Tenant fails or refuses Prior to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to entering the Premises until Tenant shall obtain all insurance it is required to obtain by the Commencement Date.Lease and shall provide certificates of said insurance to Landlord
Appears in 1 contract
Early Access. 2.4.1 Subject to the terms and conditions set forth in of this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements2.4, Tenant shall have access to may:
2.4.1.1 enter the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty at least fifteen (2015) days prior to the Substantial Completion, Tenant shall have access to Completion of the Premises solely Landlord Work for the purposes sole purpose of installing Tenant’s furniture, fixtures and equipment. In connection equipment therein; provided, however, that Tenant shall only be permitted to enter such portions of the Premises, and at such times, as Landlord reasonably determines will not interfere with the access granted performance of the Landlord Work; and
2.4.1.2 enter the Premises for a period of thirty (30) days from the date (or deemed date) of the Substantial Completion of the Landlord Work to the Commencement Date.
2.4.2 Notwithstanding the foregoing, in no event shall Tenant have the right to enter the Premises until such time as Tenant has delivered to Landlord all monetary amounts due upon execution of this Section 2.5, Lease and provided Landlord with evidence that Tenant agrees (i) has fulfilled its obligation 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 provide insurance pursuant to the provisions of this Lease. All of the provisions of this Lease or which shall apply to Tenant during any early entry, including, without limitation, the indemnities set forth in this Lease and Tenant’s obligation to not interfere with or delay the performance of the Tenant ImprovementsLandlord Work, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with but excluding only the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Base Rent or any Additional Rent on account of and Operating Expenses or Taxes or electricity for any period prior to until the Commencement DateDate has occurred, whereupon Base Rent and Operating Expenses shall immediately commence (b) Tenant except as otherwise expressly provided herein). During any such early entry, Landlord shall not be deemed thereby responsible for any loss, including theft, damage or destruction, to have taken any work or accepted possession of material installed or stored by Tenant at the Premises or for any portion thereofinjury to Tenant or any Tenant Parties (defined below). If Tenant fails or refuses Landlord shall have the right to comply or cause its contractors to comply post appropriate notices of non- responsibility in connection with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to early entry by Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 1 contract
Early Access. Subject Following not less than twenty-four (24) hours notice to the terms Landlord and conditions set forth in this Section 2.5upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), commencing promptly after Landlord commences construction of the shall permit Tenant Improvements, Tenant shall have access and its agents to enter the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty no less than seven (207) days prior to Substantial Completionthe Delivery Date for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, data and telecommunications wiring and equipment in the Premises. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Delivery Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall have access to be liable for any damages caused by Tenant's activities at the Premises solely for Premises. Such license is further conditioned upon the purposes of installing compliance by Tenant’s furniture, fixtures and equipment. In connection contractors with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved all requirements imposed by Landlord (where 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 approval is required) or is not in compliance insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease (other than the obligation to pay Basic Rent). Landlord shall not be liable in any way for any injury, loss or damage which shall interfere with or delay the performance of the Tenant Improvements, and (ii) may occur to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and any such work being performed by Tenant, each the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the otherperformance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any other activity and all work performed by, for or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part behalf of Tenant solely because during such early entry (including, but not limited to, claims for breach of such access warranty, personal injury or property damage). Landlord shall have the right, in Landlord’s sole and absolute discretion, to pay Minimum Rent settle, compromise, or otherwise dispose of any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Dateand all suits, claims, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with actions against any of the obligations described indemnified parties arising out of or referred to above following notice in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord's building manager, and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right such entry shall be made in compliance with all terms and conditions of access to this Lease and the Premises until the Commencement DateRules and Regulations attached hereto.
Appears in 1 contract
Early Access. Subject to the terms herein and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsTenant’s compliance with all applicable Laws, Tenant shall have reasonable access to the Premises solely for (“Early Access”) during completion of the purposes of installing wiring and cabling in connection with the Leasehold Improvements to coordinate installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems cabling and facilities installed within wiring and during the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days 2-week period immediately prior to Substantial CompletionCompletion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or unreasonably delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall have access be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Premises solely for Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the purposes Leasehold Improvements so as not to delay completion of installing the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has early entry does not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) any work 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 be performed by Landlord and Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work being performed by Tenantdelaying Landlord’s ability to obtain its permits, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of a Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereofDelay. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 1 contract
Sources: Lease Agreement (Passage BIO, Inc.)
Early Access. Subject to the terms herein and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsTenant’s compliance with all applicable Laws, Tenant shall have reasonable access to the Premises solely for or any portion thereof (“Early Access”): (i) during completion of the purposes of installing wiring and cabling in connection with the Leasehold Improvements to coordinate installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems cabling and facilities installed within the Premises, provided that such access is coordinated wiring; and scheduled in advance with Landlord. Commencing twenty (20ii) no less than fourteen (14) days prior to Substantial Completion, Tenant shall have access Completion to the Premises solely for the purposes coordinate installation of installing Tenant’s furniture, fixtures and equipmentequipment to the extent such installation is allowed by the City of Austin prior to issuance of a certificate of occupancy; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. In connection Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their applicable permits and perform their work in conjunction with the access granted Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in this Section 2.5advance and in writing, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has and shall comply with Landlord’s reasonable instructions and directions so that Tenant’s early entry does not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall unreasonably interfere with or delay the performance of the Tenant Improvements, and (ii) any work 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 be performed by Landlord and Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work being performed by Tenantdelaying Landlord’s ability to obtain its permits, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of a Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateDelay.
Appears in 1 contract
Early Access. Subject From and after March 8, 2019, or such later time as Landlord determines that the Landlord Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of the remaining elements of the Landlord Work, in accordance with and subject to the terms and conditions set forth in this of Section 2.5, commencing promptly after Landlord commences construction 5.1 of the Work Letter, Landlord shall permit Tenant Improvementsto enter the Premises for the limited purpose of installing Tenant's telecommunication, electronic, phone and data cabling and related equipment installed by or for the exclusive benefit of Tenant and located in the Premises or in the walls or above the finished ceiling of the Premises ("Cabling Work"). Any such early entry shall be at Tenant's sole risk and expense, and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entry, notwithstanding that the Commencement Date may not yet have occurred, Tenant shall have access to the Premises solely for the purposes be bound by and shall comply with all provisions of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s)this Lease, computer network and/or any specialized security systems or other similar systems and facilities installed within the Premisesincluding, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completionwithout limitation, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay regarding the performance of alterations, improvements and installations in the Premises; provided, however, Tenant Improvementswill not be obligated to pay Base Rent, and (ii) Tenant's Pro Rata Share of the Tax Excess, or Tenant's Pro Rata Share of the Expense Excess prior to complythe Commencement Date. Without limitation, and cause its contractors to comply, promptly all of such work performed by Tenant in the Premises shall be coordinated with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating any work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work being performed by Tenant, each Tenant damage the Building or the Premises or interfere with the other, timely performance and with any other activity or work in completion of the BuildingLandlord Work. Such early access by Tenant shall be deemed to be subject to on all the applicable provisions terms and conditions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Appears in 1 contract
Early Access. Subject to the terms and conditions set forth in of this Lease including, without limitation, Section 2.513, commencing promptly after and provided Landlord commences construction has received the pre-paid Base Rent required by Section 4.01 below, the Letter of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring Credit and cabling in connection with the installation evidence of Tenant’s telecommunications system(s)procurement of all insurance coverage required hereunder, computer network and/or any specialized security systems or other similar systems Tenant, at Tenant’s sole risk, shall be permitted to enter the Premises from and facilities installed within after the Premises, provided date that such access is coordinated and scheduled in advance with Landlord. Commencing twenty fourteen (2014) days prior to Substantial Completionthe date that Landlord anticipates to be the Commencement Date, Tenant shall have access to the Premises solely for the purposes purpose of installing Tenant’s furniture, fixtures and equipment. In connection Further, provided it does not interfere with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the Landlord’s performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each at Tenant’s sole risk, shall be permitted to enter the Premises from and after the date that is one (1) day following mutual execution of the Lease, for the purpose of installing telecommunications wiring for Tenant’s operations. Landlord may withdraw such permission for Tenant to enter the Premises, if Landlord determines that such entry is causing a dangerous situation for Landlord, Tenant, Tenant’s vendors and contractors or other tenants in the Building or is delaying or interfering with the other, and with progress of any other activity or work in within the Building. Such Tenant will have no obligation to pay Rent during such early access period, except for the cost of services requested by Tenant (e.g., after hours HVAC service, after hours security, etc.), unless Tenant commences business operations in the Premises during such early access period. If Tenant so commences business operations in the Premises, then the Commencement Date shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation have occurred on the part of date that Tenant solely because of commences such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Dateoperations.
Appears in 1 contract
Sources: Office Lease Agreement (Thimble Point Acquisition Corp.)
Early Access. Subject to the terms herein and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant ImprovementsTenant’s compliance with all applicable Laws, Tenant shall have reasonable access to the Premises solely for (“Early Access”) during completion of the purposes of installing wiring and cabling in connection with the Leasehold Improvements to coordinate installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems cabling and facilities installed within wiring and during the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days 30-day period immediately prior to Substantial CompletionCompletion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or unreasonably delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall have access be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Premises solely for Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the purposes Leasehold Improvements so as not to delay completion of installing the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has early entry does not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) any work 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 be performed by Landlord and Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work being performed by Tenantdelaying Landlord’s ability to obtain its permits, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of a Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement DateDelay.
Appears in 1 contract