Early Access. So long as Landlord has received from Tenant certificates and endorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended Lease, and so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to permit Tenant and Tenant’s designated contractors access to the New Premises approximately three (3) weeks prior to the New Premises Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended Lease, except that Tenant shall not be obligated to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. ▇▇▇▇▇▇ agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such denial.
Appears in 1 contract
Sources: Office Lease (XOMA Corp)
Early Access. So long as Landlord has received from Tenant the first month’s Monthly Base Rent due pursuant to Section 5.1 of this Lease, certificates and endorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and, as applicable, the Amended LeaseSecurity Deposit, and so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to permit Tenant and give Tenant’s designated contractors access to the New Premises approximately three (3) weeks prior to the New Premises estimated Commencement Date (the “Early Access Period”) for purposes of constructing Tenant’s Initial Alterations in accordance with Exhibit H and for installing Tenant’s furniture, fixtures, and equipment (collectively, “Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended this Lease, except that Tenant shall not be obligated to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. ▇▇▇▇▇▇ Tenant agrees to provide Landlord with prior notice of any request for such intended early access and any grant of early access shall be subject to Landlord’s prior written approval. Tenant shall cooperate with Landlord during the Early Access Period period of any such early access so as not to interfere with Landlord in the completion of any Landlord’s work in the Tenant ImprovementsPremises pursuant to the Work Letter attached hereto as Exhibit C (the “Landlord’s Work”). Should Landlord determine such early access interferes with the Tenant ImprovementsLandlord’s Work, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are Landlord’s Work is substantially completed. Tenant shall promptly surrender any keys or of other means of access to the New Premises and otherwise comply with such denial.
Appears in 1 contract
Sources: Commercial Lease (Gigamon LLC)
Early Access. So long as Landlord has received from Tenant the first month’s Base Rent due pursuant to Article 3 below, the Security Deposit, certificates and endorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended this Lease, and so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant ImprovementsImprovements required to be performed by Landlord, subject to governmental approvals, Landlord shall use reasonable efforts to permit give Tenant and Tenant’s designated agents and contractors reasonable access to the New Premises approximately three five (35) weeks prior to the New Premises Estimated Lease Commencement Date (the “Early Access Period”) only for purposes of installing Tenant’s computer network, telephone equipment, and built-in furniture, fixtures, fixtures and equipment (“Tenant’s Work”). Tenant’s Work So long as occupancy permits have been issued as to the Premises and Tenant has obtained business permits and any other permits required to occupy and conduct business at the Premises, Tenant shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access permitted to conduct business operations from the New Premises during the Early Access Period shall be subject Period. Landlord will, consistent with its obligation to all terms other tenants in the Building, if appropriate and conditions necessary, make the loading docks and freight/construction elevator reasonably available to Tenant in connection with initial decorating, furnishing and moving into the Premises. Tenant agrees to pay for any staffing of the Amended Leaseloading docks freight/construction elevator, except that Tenant shall not be obligated if needed, outside the hours of 8:00 a.m. to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. ▇▇▇▇▇▇ agrees 6:00 p.m., Monday through Friday and 9:00 a.m. to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such denial.1:00 p.m.
Appears in 1 contract
Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates and endorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall use reasonable efforts to permit Tenant and give Tenant’s 's designated contractors reasonable access to the New Premises approximately three thirty (330) weeks days prior to the New Premises Lease Commencement Date (the “"Early Access Period”") only for purposes of installing Tenant’s 's furniture, fixtures, cabling and telecom equipment (“"Tenant’s 's Work”"). Tenant’s 's Work shall be performed by Tenant at Tenant’s 's sole cost and expense. Tenant’s 's access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended this Lease; provided, except that however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the New Premises during the Early Access Period until the New Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. ▇▇▇▇▇▇ Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may deny Tenant revoke Tenant's access to the New Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such denialImprovements.
Appears in 1 contract
Early Access. So long as Landlord has received from Tenant the first month’s Monthly Base Rent and Additional Rent, if any, due pursuant to Section 5.1 of this Lease, certificates and endorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and the Amended LeaseSecurity Deposit, and so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Landlord Improvements, Landlord shall use reasonable efforts to permit give Tenant and Tenant’s designated contractors access to the New Premises approximately three (3) weeks prior to the New Premises Commencement Date upon mutual execution of this Lease (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”)) and constructing the Tenant Improvements. Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended this Lease, except that Tenant shall not be obligated to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. Landlord and ▇▇▇▇▇▇ agrees agree to provide Landlord cooperate with prior notice the other party during the period of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to interfere with Landlord in the such party’s completion of the Tenant Improvements. Should Landlord determine such early access interferes with Improvements or the Tenant Improvements, Landlord as the case may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such denialbe.
Appears in 1 contract
Sources: Office/Industrial Lease (iRhythm Technologies, Inc.)
Early Access. So long as Landlord has received Tenant shall have the right from Tenant certificates time to time to come onto the Premises and endorsements satisfactory Tenant’s Roof Deck Area for inspections and measurements and for up to 30 days immediately prior to the date of Substantial Completion of Landlord’s Premises Work to access the Premises and Tenant’s Roof Deck Area, upon prior notice to Landlord evidencing at times reasonably designated by Landlord, for purposes of taking measurements, conducting due diligence and inspections thereof, installing wiring and cabling, installing workstations, building-out the insurance required to be carried by Tenant under the Amended LeaseIT room, and so long as accessing the IT closets in the Premises at the same time that Landlord performs Landlord’s Premises Work (collectively, the “Early Access Work”). Landlord and Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to cooperate with each other so as to permit Tenant Tenant’s access and Landlord’s performance of work in the Premises and Tenant’s designated contractors access to Roof Deck Area at the New Premises approximately three (3) weeks prior to the New Premises Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”)same time. Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. If Tenant’s access to the New Premises during or Tenant’s Roof Deck Area interferes with the Early Access Period performance by Landlord of Landlord’s Premises Work, Landlord shall, notwithstanding the foregoing, have the right to notify Tenant of such interference (which notification may be oral) and Tenant shall immediately discontinue such interference. Such access to the Premises or Tenant’s Roof Deck Area by Tenant prior to the Commencement Date shall not be deemed to be use and occupancy by Tenant of the Premises nor Tenant having taken possession of the Premises for purposes of determining the Commencement Date but shall otherwise be subject to all terms and conditions of the Amended terms of the Lease. Notwithstanding anything to the contrary contained herein, except that Tenant shall not be obligated entitled to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. ▇▇▇▇▇▇ agrees to provide Landlord with prior notice of any such intended early access a claimed Tenant Delay as and to cooperate with Landlord during the Early Access Period so as not to interfere with Landlord extent provided in the completion of the Tenant Improvements. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such deniala Work Letter.
Appears in 1 contract
Sources: Lease Agreement (2U, Inc.)
Early Access. So long as Landlord has received from Tenant certificates and endorsements satisfactory Subject to Landlord evidencing the insurance required to be carried by Tenant under the Amended Lease, and so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to permit Tenant terms herein and Tenant’s designated contractors compliance with all applicable Laws, Tenant shall have reasonable access to the New Demised Premises approximately three (3“Early Access”) weeks prior to during the New Premises period from the date hereof until the Commencement Date of the Lease to install (the “Early Access Period”i) for purposes of installing Tenant’s telecommunications equipment, including without limitation, cabinets, electronic equipment, cabling, wiring, computers and telephone systems and (ii) improvements, furniture, fixtures, equipment and equipment (“other personal property; provided in any such case Tenant’s Work”)Early Access does not unreasonably interfere with, or unreasonably delay completion of Landlord’s work (as set forth in Section 33 of the Lease) in the Demised Premises, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access 's Early Access to the New Demised Premises during the Early Access Period shall be subject to all of the terms and conditions obligations of the Amended Lease, including the insurance and indemnity provisions, except that Tenant shall not be obligated required to pay Fixed Annual Rent, Fixed Monthly Rent for the New Premises or Additional Rent during the Early Access. Tenant and its contractors shall coordinate all activities with Landlord in advance and shall comply with Landlord’s instructions and directions so that Tenant’s Early Access Period until does not interfere with or delay any work to be performed by Landlord. It is understood and agreed, that Tenant shall have no right to commence business operations (it being agreed the New above-described activities by Tenant do not constitute a commencement of business operations or occupancy of the Demised Premises) in or from any portion of the Demised Premises prior to the Commencement Date. ▇▇▇▇▇▇ agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such denial.
Appears in 1 contract
Sources: Lease Agreement (Cogent Communications Holdings, Inc.)
Early Access. So long as Subject to the terms and restrictions of Section 2, Tenant may have early access to the Expansion Space two (2) weeks prior to the anticipated Expansion Date solely for the purpose of installing furniture, fixtures, cabling and wiring, telephones and special improvements approved by Landlord. If Tenant desires access to the Expansion prior to the Expansion Date, Tenant shall, within thirty (30) days prior to the anticipated Expansion Date, provide Landlord has received from Tenant certificates with a reasonably detailed request including the purpose and endorsements satisfactory to Landlord evidencing the insurance amount of time required for each item to be carried by Tenant under the Amended Lease, and so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, installed. Landlord shall use reasonable efforts (i) to permit schedule such early access by Tenant and Tenant’s designated contractors access in conjunction with other construction activities, to the New Premises approximately three extent Landlord believes such access will not materially interfere with or cause any material delays in, construction in the Expansion Space and (3ii) weeks prior to keep Tenant reasonably informed of any changes in the New Premises Commencement Date timing or extent of such early access. Prior to any such early access, Tenant must provide the certificate(s) evidencing the insurance required under the Lease. In the course of any access before the Expansion Date, Tenant (A) will not obstruct or interfere with the “Early Access Period”) for purposes of installing Tenant’s furniture, fixturesconstruction, and equipment will be responsible for any delays if it does, (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period B) shall be subject to Landlord’s reasonable administrative control and supervision and (C) shall comply with all terms and conditions of the Amended Leaseprovisions and covenants contained in the Lease and this Fourth Amendment, except that Tenant shall not be obligated to pay Rent for with respect to the New Premises during the Early Access Period Expansion Space until the New Premises Commencement Expansion Date. ▇▇▇▇▇▇ agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant If Tenant’s access to the New Premises until Expansion Space is solely for the Tenant Improvements are substantially completedpurposes stated herein and not to conduct its business in the Expansion Space, then such access shall not serve to accelerate the Expansion Date. Tenant Neither Tenant’s failure to exercise its right of early access for any reason nor limitations or restrictions by Landlord on early access for any reason whatsoever shall promptly surrender any keys or other means of access to delay the New Premises and otherwise comply with such denialExpansion Date.
Appears in 1 contract
Early Access. So long as Landlord has received from Tenant (i) the first month’s Base Rent due pursuant to Section 3 of this Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to permit Tenant and Tenant’s designated contractors access to the New Premises approximately three no less than fifteen (315) weeks days prior to the New Premises Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended this Lease, except that Tenant shall not be obligated to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. ▇▇▇▇▇▇ Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period period of any such early access so as not to interfere with Landlord in the completion of the Tenant ImprovementsImprovements in the Premises. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. , in which event Tenant shall promptly surrender any keys or other means of access to the New Premises and otherwise comply with such denial.
Appears in 1 contract
Early Access. So long as Landlord has received from Tenant certificates and endorsements satisfactory to Landlord evidencing the insurance required to be carried by Tenant under the Amended Lease, and so long as Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to permit give Tenant and Tenant’s its designated contractors access to the New Premises approximately three at least two (32) weeks prior to the estimated New Premises Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s cabling, furniture, fixtures, and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the New Premises during the Early Access Period shall be subject to all terms and conditions of the Amended Lease, except that Tenant shall not be obligated to pay Rent for the New Premises during the Early Access Period until the New Premises Commencement Date. ▇▇▇▇▇▇ Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period period of any such early access so as not to interfere with Landlord in the completion of any the Tenant ImprovementsImprovements in the New Premises pursuant to the Work Letter. Should Landlord determine such early access interferes with the Tenant Improvements, Landlord may deny Tenant access to the New Premises until the Tenant Improvements are substantially completed. Tenant shall promptly comply surrender any keys or other means of access to the New Premises and otherwise comply with such denial.
Appears in 1 contract
Sources: Lease (Adamas Pharmaceuticals Inc)