Early Entry. Tenant and its agents and contractors shall be permitted to ----------- enter the Premises prior to the Commencement Date for the purpose of Installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any) and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of August 15, 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord.
Appears in 1 contract
Sources: Lease Agreement (Opti Inc)
Early Entry. Tenant and its agents and contractors shall be permitted to ----------- enter the Premises prior to the Commencement Date for the purpose of Installing installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskSOLE RISK, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any) Premises, and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements the aforementioned installations by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of August October 15, 1995 1994 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlordimprovements.
Appears in 1 contract
Early Entry. Tenant and its agents and contractors shall be permitted to ----------- enter the Premises prior to the Commencement Date for the purpose of Installing installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any) ), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting not limited thereby the generality of the foregoing, ; injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled schedule Commencement Date of August 151, 1995 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed. Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Com21 Inc)
Early Entry. Tenant and its agents authorized agents, contractors, subcontractors and contractors employees shall be permitted granted a license by Landlord to ----------- enter upon the Premises Premises, at Tenant's sole risk and expense, during ordinary business hours prior to the Commencement Date Date, for the sole purpose of Installing at Tenant's sole cost and expense, installing Tenant's trade fixtures and equipmentequipment in the Premises; provided, telephone equipmenthowever, security systems and cabling for computers. Such entry shall be subject to all of that (i) the terms and conditions provisions of this Lease, except that other than with respect to the payment of Monthly Rent, shall apply during such early entry including, but not limited to, the provisions of Article XI relating to Tenant's indemnification of Landlord, (ii )prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not be required unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to pay exercising any Rent on account thereofof its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Any Early entry or installation work by Tenant and its agents in the Premises pursuant to accordance with this Paragraph 44 Section 3.3 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any) and (iii) not be deemed constitute occupancy or possession of the Premises for purposes of establishing the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of August 15, 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord.
Appears in 1 contract
Early Entry. Tenant and its agents authorized agents, contractors, subcontractors and contractors employees shall be permitted granted a license by Landlord to ----------- enter upon the Premises prior to the Commencement Date for the purpose of Installing Premises, at Tenant's sole cost risk and expense, during ordinary business hours prior t the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipmentequipment in the Premises; provided, telephone equipmenthowever, security systems and cabling for computers. Such entry shall be subject to all of that (i) the terms and conditions provisions of this Lease, except that Tenant other than with respect to the payment of Monthly Rent, shall apply during such early entry, including, but not be required limited to, the provisions of Article XI relating to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskindemnification of Landlord, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any) prior to any such entry, Tenant shall pay for and (iii) not be deemed occupancy or possession provide evidence of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements Insurance to be provided by Tenant pursuant to the provisions of Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, if any(iv) Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the event Tenant has not completed construction of itthe Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises of the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's interior improvements breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the scheduled Premises of purposes of establishing the Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of August 15, 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord.
Appears in 1 contract
Sources: Lease Agreement (Omnicell Com /Ca/)
Early Entry. Tenant and its agents and contractors shall be permitted to ----------- enter the Premises prior to the Commencement Date for the purpose of Installing installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any) ), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of August 15, 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord.
Appears in 1 contract
Sources: Lease Agreement (First Virtual Corp)
Early Entry. Tenant and its agents and contractors shall be permitted to ----------- enter the Premises prior to the Commencement Date for the purpose of Installing installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any) ), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of August 15December 1, 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Transmeta Corp)
Early Entry. Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to Exhibit D hereof, Landlord shall permit Tenant and its agents to enter the Premises 30 days prior to the Commencement Date of the Lease in order that Tenant may install its telephones, furniture, equipment and contractors computers, which entry and installation work shall be permitted not trigger the Commencement Date under this Lease. The foregoing license to ----------- enter the Premises prior to the Commencement Date for is however, conditioned upon (i) the purpose 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 Installing 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 and (ii) Tenant’s contractors and their subcontractors and employees working in harmony and not unreasonably interfering with the work being performed by Landlord. If at any time that entry shall cause disharmony or interfere with the work being performed by Landlord (if any), this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant's sole cost and expense, . Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry ’s access to the Premises prior to the Commencement Date shall be subject to all of the terms and conditions obligations of this Lease, including the indemnity provisions herein, except that Tenant shall not be required to pay any Basic Rent on account thereof. Any entry or installation work by Tenant and during that period unless it commences its agents business activities in the Premises pursuant Premises. Landlord shall not be liable in any way for any injury, loss or damage which may occur to this Paragraph 44 shall (i) be undertaken any such work being performed by Tenant, the same being solely at Tenant's sole ’s risk, (ii) not interfere --------- with or delay Landlord's . In no event shall the failure of Tenant’s contractors to complete any work in the Premises (if any) and (iii) not be deemed occupancy or possession of extend the Premises for purposes Commencement Date of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of August 15, 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord.
Appears in 1 contract