Early Occupancy Clause Samples

Early Occupancy. (i) Landlord shall permit Tenant and its agents to enter the Premises from and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such sp...

Early Occupancy. If Tenant occupies the Demised Premises prior to the Commencement Date, Tenant's occupancy of the Demised Premises shall be subject to all of the provisions of this Lease. Early occupancy of the Demised Premises shall not advance the expiration date of the Lease Term. Unless provided otherwise herein, Tenant shall pay Base Rent and all other charges specified in this Lease for the period of occupancy.

Early Occupancy. If Tenant enters or permits its contractors to enter the Premises prior to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance) except those regarding the obligation to pay rent, which shall commence on the Commencement Date.

Early Occupancy. Notwithstanding the Commencement Date, the Tenant shall have the right to occupy the Premises, in common with the Landlord, immediately following the later of: (a) the date both parties have signed the present Lease; (b) the date the Landlord receives the Letter of Credit, and (c) the Landlord receives the Tenant’s insurance certificate that the Tenant must provide pursuant to Section 11.3 (the “Early Occupancy Date”), in order to carry out the fixturing of the Premises and to operate its business in accordance with the Permitted Use. During the period commencing on the Early Occupancy Date until the day immediately preceding the Commencement Date (the “Early Occupancy Period”), the Tenant shall not be required to pay Basic Rent and Additional Rent; however, the Tenant shall be bound by all other terms and conditions of the Lease during the Early Occupancy Period, and shall pay all other charges, costs, outlays and expenses payable by Tenant under this Lease, including without limitation, the cleaning cost and the cost of utilities consumed in the Premises. In the event the Landlord is delayed in substantially completing the Landlord’s Work within the delays provided for in Schedule B, the Landlord shall not be liable toward Tenant for any such delays in delivering the items of the Landlord’s Work, without any compensation being due to Tenant by the Landlord therefor, and without affecting the validity of the Lease or construing Landlord liable in damages of any nature whatsoever toward the Tenant. Notwithstanding the foregoing, any delay in meeting the deadlines set out in Schedule B, shall postpone the Commencement Date (and consequently, the payment of Rent by Tenant) and the Expiry Date by the number of days equivalent to said delay. Also, for the purposes of not delaying the beginning of the Tenant’s operations within the Premises, Tenant shall have the right, after giving Landlord a fifteen (15) day prior written notice, to cause the performance of the work not completed by the Landlord and recover the reasonable costs thereof from the Landlord (including through deduction from the Rent payments).

Early Occupancy. If Tenant enters into possession of the Leased Premises prior to the Intended Commencement Date (or permits its contractors to enter the Leased Premises prior to the Intended Commencement Date), unless otherwise agreed in writing by Landlord, the Lease Commencement Date shall be deemed to have occurred on such sooner date, and Tenant shall be obligated to perform all its obligations under this Lease, including the obligation to pay rent, from that sooner date.

Early Occupancy. Landlord agrees to use reasonable efforts to have Landlord’s Work substantially completed by the Estimated Tenant Access Date, subject to delays beyond Landlord’s control or any delays caused by Tenant. Subject to the terms of this Section 3.2, Landlord shall in no way be liable to Tenant or any other party, and Tenant’ obligations shall not be reduced hereunder in the event such construction work is not substantially completed by the Estimated Tenant Access Date. The “Commencement Date” shall be the date on which Landlord delivers physical possession of the Premises to Tenant with the Landlord’s Work substantially complete. Landlord’s Work will be substantially complete when (a) all of Landlord’s Work is complete, except for punchlist items which do not interfere with the use of the Premises for the permitted use, and (b) the Premises may lawfully be occupied and used for the permitted use. Landlord will use all reasonable efforts to substantially complete Landlord’s Work and deliver the Premises to Tenant on or before May 18, 2019. If Landlord does not substantially complete Landlord’s Work and deliver the Premises to Tenant by the date that is twenty-two (22) weeks plus sixty (60) days days after the issuance of a building permit (the “Abatement Date”), as such date may be extended for any Tenant Delay (as defined in Section 4.1 below), then for each day thereafter until such time as the Premises are delivered to Tenant with Landlord’s Work substantially complete, Tenant shall receive a rent credit equal to one day’s Fixed Rent. If Landlord, for any reason, does not substantially complete Landlord’s Work and deliver the Premises to Tenant by twenty-two (22) weeks plus one hundred fifty (150) days after the issuance of a building permit, as such date may be extended due to any Tenant Delay (defined below) or any delay caused by force majeure, then Tenant may, at any time thereafter but prior to the date on which Landlord’s Work is substantially complete, cancel this Lease by giving written notice of such cancellation to Landlord.

Early Occupancy. STUDENTS eligible under specific UNIVERSITY programs and/or per the sole discretion of UCI Student Housing, may be permitted to take occupancy earlier than the Fall Quarter opening date specified in Section II, A, with the date to be determined by UCI Student Housing. STUDENTS that take early occupancy under this provision may be subject to assessment of additional room and board or room only charges calculated at a daily rate based on the contract amount in accordance with assigned room occupancy type and, if applicable, meal plan selected. If assessed, the aforementioned charges will be posted to STUDENT’s account in the UC Irvine Student Billing System (“ZOT Account”.) STUDENTS that take early occupancy under this provision, whether they are assessed additional charges or not, immediately become subject to all applicable terms and conditions contained within this agreement.

Early Occupancy. During the period commencing on the Phase I Commencement Date until the Phase II Commencement Date (the “Early Occupancy Period”), Tenant shall, upon reasonable prior notice to Landlord, be permitted to enter the Phase II Space for the sole purpose of installing furniture, trade fixtures, equipment and cabling, provided that (a) Tenant’s early entry does not interfere with Landlord’s performance of the Expansion Space Tenant Improvements, (b) prior to Tenant’s entry in the Phase II Space, Tenant shall furnish to Landlord certificates of insurance with respect to the Phase II Space, evidencing Tenant’s compliance with the requirements of the Lease, and (c) Tenant’s work during the Early Occupancy Period shall comply with the applicable provisions of the Lease. Tenant’s occupancy of the Phase II Space during the Early Occupancy Period shall be subject to all of the terms, covenants and conditions of the Lease, except that Landlord agrees, subject to the last sentence of this Section 2.4, that Tenant’s obligation to pay Operating Cost Share Rent and Tax Share Rent with respect to the Phase II Space during the Early Occupancy Period shall be waived. In addition, Tenant shall pay the cost of all utilities and other services provided to the Phase II Space prior to the Phase II Commencement Date which are required by reason of Tenant’s early occupancy. For the avoidance of doubt, the parties acknowledge and agree that (i) the restrictions on Tenant’s activities in the Phase II Space set forth in this Section 2.4 shall apply only until the Phase II Commencement Date, i.e., until the Substantial Completion Date with respect to the Phase II Space; (ii) beginning on the Substantial Completion Date with respect to the Phase II Space, Tenant may perform all activities in the Phase II Space as are permitted under the Lease; and (iii) the Base Rent schedule set forth in Section 3.2 below requires Tenant to pay Base Rent with respect to the Phase II Space beginning as of January 1, 2006, and not the earlier occurrence of the Substantial Completion Date with respect to the Phase II Space.

Early Occupancy. The parties agree that the Tenant may occupy the leased premises prior to the beginning of the initial term of this lease. Tenant is granted occupancy of the premises commencing on , in exchange for the sum of $ as pro-rated rent for All articles left in or upon premises by the Tenant upon termination of the lease for any reason shall be disposed of by the Landlord as becomes necessary and in a manner as Landlord may see fit and proper, and without recourse by the Tenant. The Landlord herein is further given the right to use the Tenant’s security deposit to cover the Landlord’s expenses in disposing of the Tenant’s articles.