Common use of Entry by Tenant Clause in Contracts

Entry by Tenant. Prior to the Commencement Date, entry by Tenant, its agents, contractors or subcontractors, in or on the Demised Premises for performance of work in the Demised Premises not included within Landlord's Work, or for any other purpose whatsoever, shall be at Tenant's sole risk and responsibility. Upon the request of Landlord, Tenant shall deliver to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to indemnify and save Landlord free and harmless, from and against any and all claims whatsoever arising out of said entry or such work. Tenant agrees that should Tenant, its agents, contractors or subcontractors, enter upon the Demised Premises for the purpose of performing any work not included within Landlord's Work, or for any other purpose whatsoever, the labor employed by Tenant or anyone performing such work, for or on behalf of Tenant, shall always be harmonious and compatible with the labor employed by Landlord or any agents, contractors or subcontractors of Landlord. Should such labor be unharmonious or incompatible, Landlord may require Tenant, its agents and/or contractors to withdraw from the Demised Premises. Tenant's agents, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors and their employees so as to avoid the intrusion into the operation of the Building and to avoid disturbing the quiet enjoyment of other tenants. As a condition to Landlord's permission to Tenant to make any of Tenant's installations in the Demised Premises, Landlord may require that Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment with respect to Landlord's Work (notice of which shall be given to Landlord within such one (1) year period), and for a longer period, if and to the extent that the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractor.

Entry by Tenant. Prior Landlord will permit Tenant and its agents to enter the Premises prior to the Commencement Date, entry allowing Tenant to perform through its own contractors (to be first approved by Tenant, its agents, contractors or subcontractors, in or on Landlord) such other work and decorations as Tenant may desire at the Demised Premises for performance of work same time that Contractor is working in the Demised Premises Premises. The foregoing license to enter prior to the Commencement Date, however, is conditioned upon Tenant’s workmen and contractors working in harmony with and not included within Landlord's Work, or for any other purpose whatsoever, shall be at Tenant's sole risk and responsibility. Upon the request of Landlord, Tenant shall deliver to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to indemnify and save Landlord free and harmless, from and against any and all claims whatsoever arising out of said entry or such work. Tenant agrees that should Tenant, its agents, contractors or subcontractors, enter upon the Demised Premises for the purpose of performing any work not included within Landlord's Work, or for any other purpose whatsoever, the labor employed by Tenant or anyone performing such work, for or on behalf of Tenant, shall always be harmonious and compatible interfering with the labor employed by Landlord Contractor, Landlord, Landlord’s mechanics or any agents, contractors or subcontractors by any other tenant(s) or their contractors, and not impeding or interfering with the Leasehold Improvements, or the progress thereof. Such access shall at all times be subject to the control and restrictions of Landlord. Should such labor be unharmonious or incompatible, Landlord may require shall have the right to withdraw permission to enter the Premises upon twenty-four (24) hours’ written notice to Tenant, its agents and/or contractors if Landlord determines that any such interference, conflict or delay has been or may be caused. Such entry shall be deemed to withdraw from be under all of the Demised Premisesterms, covenants, provisions and conditions of the Lease. Tenant's agentsHowever, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors and their employees so as to avoid the intrusion Tenant agrees that any such entry into the operation of the Building Premises shall be at Tenant’s own risk and Landlord shall not be liable in any way for any injury, loss or damage which may occur to avoid disturbing the quiet enjoyment of other tenants. As a condition to Landlord's permission to Tenant to make any of Tenant's ’s property or installations made in the Demised Premises. Tenant further agrees to protect, defend, indemnify and save harmless Landlord and its beneficiaries and agents from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or Tenant’s contractors in or about the Premises or Building, including, without limitation, the cost of any repairs to the Premises or Building necessitated by the activities of Tenant’s contractors. In addition, prior to the initial entry into the Building or the Premises by Tenant and by each of Tenant’s contractors, Tenant shall furnish Landlord, at Tenant’s sole cost, with policies of insurance covering Landlord, its beneficiaries and agents, as insured parties, with such coverages and in such amounts as Landlord may then require in order to insure Landlord, its beneficiaries or agents against loss or liability for injury or death or damage to property arising out of or connected with any activities of Tenant or Tenant’s contractors. If Tenant’s contractors or anyone employed by Tenant shall cause a delay in completing the Leasehold Improvements, Tenant agrees that such delay will constitute a “Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment with respect to Landlord's Work (notice of which shall be given to Landlord within such one (1) year period), and for a longer period, if and to the extent that the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractorDelay.”

Entry by Tenant. Prior to the Commencement Date, entry by Tenant, its agents, contractors or subcontractors, in or on the Demised Premises for performance of work in the Demised Premises not included within Landlord's Work, or for any other purpose whatsoever, shall be at Tenant's sole risk and responsibility. Upon the request of Landlord, Tenant shall deliver to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to indemnify and save Landlord free and harmless, from and against any and all claims whatsoever arising out of said entry or such work. Tenant agrees that should Tenant, its agents, contractors or subcontractors, enter upon the Demised Premises for the purpose of performing any work not included within Landlord's Work, or for any other purpose whatsoever, the labor employed by 104 Tenant or anyone performing such work, for or on behalf of Tenant, shall always be harmonious and compatible with the labor employed by Landlord or any agents, contractors or subcontractors of Landlord. Should such labor be unharmonious or incompatible, Landlord may require Tenant, its agents and/or contractors to withdraw from the Demised Premises. Tenant's agents, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors and their employees so as to avoid the intrusion into the operation of the Building and to avoid disturbing the quiet enjoyment of other tenants. As a condition to Landlord's permission to Tenant to make any of Tenant's installations in the Demised Premises, Landlord may require that Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment with respect to Landlord's Work (notice of which shall be given to Landlord within such one (1) year period), and for a longer period, if and to the extent that the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractor.

Entry by Tenant. Prior Tenant may, with Landlord's written consent, which will not unreasonably be withheld, enter Expansion Space A during the final four weeks of construction prior to the Expansion Space A Commencement Date, entry by Tenant, its agents, contractors or subcontractors, in or on the Demised Premises Date for performance of work in the Demised Premises not included within Landlord's Work, or for any other purpose whatsoever, shall be at Tenant's sole risk and responsibility. Upon the request of Landlord, Tenant shall deliver to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to indemnify and save Landlord free and harmless, from and against any and all claims whatsoever arising out of said entry or such work. Tenant agrees that should Tenant, its agents, contractors or subcontractors, enter upon the Demised Premises Expansion Space A solely for the purpose of performing any work installing Tenant's Personal Property (defined in Section 3.2 above) as long as such entry will not included within interfere with the timely and orderly construction and completion of Expansion Space A. Tenant shall notify Landlord of its desired time(s) of entry and shall submit for Landlord's Work, or for any other purpose whatsoever, approval the labor employed by Tenant or anyone performing scope of the work to be performed and the name(s) of the contractor(s) who will perform such work, for or on behalf of Tenant, . Such work and such contractors shall always be harmonious and compatible with the labor employed by Landlord or any agents, contractors or subcontractors of Landlord. Should such labor be unharmonious or incompatible, Landlord may require Tenant, its agents and/or contractors to withdraw from the Demised Premises. Tenant's agents, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors and their employees so as to avoid the intrusion into the operation of the Building and to avoid disturbing the quiet enjoyment of other tenants. As a condition subject to Landlord's permission approval in the same manner as for work subject to Tenant Section 9.01(a) of the Lease. Such entry shall be without payment of Base Monthly Rent or Rent Adjustments, but such entry and all acts and omissions in connection with it are subject to make any and governed by all other provisions of the Lease, including Tenant's installations indemnification obligations, insurance obligations, obligations under Article Seven and the provisions of Section 9.02. Provided, further, Tenant may, after written request by Tenant, with Landlord's written consent, in Landlord's sole discretion, occupy such part of Expansion Space A in which no work is required, and any such early occupancy shall not constitute or advance the Demised PremisesExpansion Space A Commencement Date, Landlord may require and shall be subject to and governed by all other provisions of the Lease, including Tenant's indemnification obligations, insurance obligations, obligations under Article Seven and the provisions of Section 9.02, except that Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment shall pay Base Monthly Rent with respect to Landlord's Work such space (notice regardless of which shall be given size) equal to Landlord within twenty-five percent (25%) of the Base Monthly Rent rate applicable to a full floor on a per diem basis starting with the first day of such one (1) year period), occupancy and for a longer period, if and to continuing through the extent that day before the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractor.Expansion Space A Commencement Date. EXHIBIT B - Page 44 40

Entry by Tenant. Prior Tenant may, with Landlord's written consent, enter the Premises after the Commencement Date but prior to the Rent Commencement Date, Date solely for the purpose of installing Tenant's Personal Property as long as such entry by Tenant, will not interfere with the orderly construction and completion of the Phase 1 of the Tenant Improvements. Tenant shall notify Landlord of its agents, contractors or subcontractors, in or on the Demised Premises desired time(s) of entry and shall submit for performance of work in the Demised Premises not included within Landlord's Workapproval the scope of the work to be performed and the name(s) of the contractor(s) who will perform such work. Tenant hereby indemnifies and agrees to protect, or for any other purpose whatsoever, shall be at Tenant's sole risk defend and responsibility. Upon the request of hold Landlord, Tenant shall deliver any mortgagee, ground lessor or beneficiary of a mortgage, ground lease or deed of trust related to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant Premises, the Building or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to indemnify and save Landlord free and harmless, Project harmless from and against any and all suits, claims, actions, losses, costs or expenses (including claims whatsoever for worker's compensation) of any nature whatsoever, together with reasonable attorneys' fees for counsel of Landlord's choice, arising out of said entry or in connection with the installation of Tenant's Personal Property (including but not limited to claims for breach of warranty, personal injury or property damage). Landlord shall have the right, in Landlord's sole and exclusive discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions related to the installation of Tenant's Personal Property or equipment, to the extent such workclaims are made against Landlord. Any defense made by Tenant agrees under this Section 6 shall be made only with counsel (i) previously approved in writing by Landlord, and (ii) willing to cooperate with counsel of Landlord's choice in connection with such defense. The obligations of Tenant under this Section 6 of this Work Letter shall survive the expiration or earlier termination of the Lease and the performance of Landlord's Work and the installation of Tenant's Personal Property under this Work Letter. Additionally, after the Rent Commencement Date, to the extent that should TenantLandlord has not completed both Phases of the Tenant Improvements, its agentsLandlord shall continue with Landlord's Work as if Tenant were not occupying the Premises in an effort to complete the Tenant Improvements as otherwise provided herein. Further, contractors or subcontractors, enter upon during the Demised Premises for the purpose conduct of performing any work not included within Landlord's Work, absent Landlord's or its employee's, agents' or contractors' gross negligence or willful misconduct, Landlord shall not be liable in any way for any other purpose whatsoeverinjury, the labor employed loss, or damage which may occur to any items of work constructed by Tenant or anyone performing such work, for or on behalf other property of Tenant that may be placed in the Premises by Tenant, shall always be harmonious and compatible or the interference with the labor employed by Landlord or any agents, contractors or subcontractors of Landlord. Should such labor be unharmonious or incompatible, Landlord may require Tenant, its agents and/or contractors to withdraw from the Demised Premises. Tenant's agentsoperations in the Premises, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors and their employees so as to avoid the intrusion into the operation of the Building and to avoid disturbing the quiet enjoyment of other tenants. As a condition to Landlord's permission to Tenant to make any of all being at Tenant's installations in the Demised Premises, Landlord may require that Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment with respect to Landlord's Work (notice of which shall be given to Landlord within such one (1) year period), and for a longer period, if and to the extent that the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractorsole risk.

Entry by Tenant. Prior Tenant and Tenant's agents may enter the Expansion Improvements prior to the Commencement Dateapplicable Estimated Completion Date under Landlord's direction and supervision for purposes of inspecting, measuring, installing or arranging Tenant's Property and otherwise to make the Expansion Improvements ready for Tenant's use and occupancy. Such entry prior to the Estimated Completion Date shall constitute a license only and not a lease, and such license shall be conditioned upon (and Tenant agrees to comply with) all of the following: (a) Tenant's acting and working in harmony and not interfering with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers in being present or doing work on the Expansion Improvements; (b) Tenant's obtaining in advance Landlord's approval of all contractors, subcontractors and suppliers proposed to be used by Tenant, said approval not to be unreasonably withheld or delayed; (c) Tenant's furnishing Landlord with written evidence of such insurance of Tenant, its contractors and subcontractors as Landlord may reasonably require against liabilities which may arise out of such entry (including, but not limited to, builder's risk, liability and workers' compensation coverage) and (d) Landlord's determination, in the case of each such requested entry by Tenant, its agents, contractors or subcontractors, that such entry will not interfere in or on the Demised Premises for performance of work in the Demised Premises not included within any way with Landlord's Work, or for any other purpose whatsoever, shall be at Tenant's sole risk and responsibility. Upon the request of Landlord, Tenant shall deliver to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to indemnify and save Landlord free and harmless, from and against any and all claims whatsoever arising out of said entry or such work. Tenant agrees that should Tenant, its agents, contractors or subcontractors, enter upon the Demised Premises for the purpose of performing Landlord shall not be liable in any work not included within Landlord's Work, or way for any other purpose whatsoeverinjury, loss or damage which may occur to any of Tenant's Property placed or installations made on the Expansion Improvements prior to the Estimated Completion Date, the labor employed same being at Tenant's sole risk, and Tenant agrees to protect, defend, indemnify and save harmless Landlord from and against all losses, claims, liabilities, costs, damages, and injuries of any and every kind whatsoever that may result from any such entry by Tenant (including, without limitation, damage to the Expansion Improvements, fees and expenses arising out of or anyone performing such work, for or on behalf of Tenant, shall always be harmonious and compatible connected with the labor employed by Landlord activities of Tenant or any agents, contractors or subcontractors of Landlord. Should such labor be unharmonious or incompatible, Landlord may require Tenant, its agents and/or contractors to withdraw from the Demised Premises. Tenant's agents, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors subcontractors, suppliers or workmen in or about the Expansion Improvements, and their employees so as losses, claims, liabilities, costs, damages, damage to avoid the intrusion into Expansion Improvements, fees and expenses related to environmental matters and Hazardous Materials). Except for the operation indemnity set forth above, Tenant shall not be obligated to pay to Landlord, nor shall Landlord be entitled to charge Tenant, Fixed Rent or any other amounts which may otherwise be due and payable under this Lease by virtue of the Building and to avoid disturbing the quiet enjoyment of other tenants. As a condition to Landlord's permission to exercise by Tenant to make any of Tenant's installations in the Demised Premises, Landlord may require that Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment with respect to Landlord's Work (notice of which shall be given to Landlord within such one (1) year period), rights and for a longer period, if and to the extent that the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractorprivileges herein.

Entry by Tenant. Prior to the Commencement Date, entry by Tenant, its agents, contractors or subcontractors, in or on the Demised Premises for performance of work in the Demised Premises not included within Landlord's Work, or for any other purpose whatsoever, shall be at Tenant's sole risk and responsibility. Upon the request of Landlord, Tenant shall deliver to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to indemnify and save Landlord free and harmless, from and against any and all claims whatsoever arising out of said entry or such work. Tenant agrees that should Tenant, its agents, contractors or subcontractors, enter upon the Demised Premises for the purpose of performing any work not included within Landlord's Work, or for any other purpose whatsoever, the labor employed by Tenant or anyone performing such work, for or on behalf of Tenant, shall always be harmonious and compatible with the labor employed by Landlord or any agents, contractors or subcontractors of Landlord. Should such labor be unharmonious or incompatible, Landlord may require Tenant, its agents and/or contractors to withdraw from the Demised Premises. Tenant's agents, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors and their employees so as to avoid the intrusion into the operation of the Building and to avoid disturbing the quiet enjoyment of other tenants. As a condition to Landlord's permission to Tenant to make any of Tenant's installations in the Demised Premises, Landlord may require that Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment with respect to Landlord's Work (notice of which shall be given to Landlord within such one (1) year period), and for a longer period, if and to the extent that the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractor.

Entry by Tenant. Prior Tenant and Tenant's agents may enter the Premises prior to the Commencement Date under Landlord's direction and supervision for purposes of inspecting, measuring, installing or arranging Tenant's Property and otherwise to make the Premises ready for Tenant's use and occupancy. Such entry prior to the Commencement Date shall constitute a license only and not a lease, and such license shall be conditioned upon (and Tenant agrees to comply with) all of the following: (a) Tenant's acting and working in harmony and not interfering with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers in being present or doing work on the Premises; (b) Tenant's obtaining in advance Landlord's approval of all contractors, subcontractors and suppliers proposed to be used by Tenant, said approval not to be unreasonably withheld or delayed; (c) Tenant's furnishing Landlord with written evidence of such insurance of Tenant, its contractors and subcontractors as Landlord may reasonably require against liabilities which may arise out of such entry (including, but not limited to, builder's risk, liability and workers' compensation coverage) and (d) Landlord's determination, in the case of each such requested entry by Tenant, that such entry will not interfere in any way with Landlord's work. Tenant agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's Property placed or installations made on the Premises prior to the Commencement Date, entry by Tenant, its agents, contractors or subcontractors, in or on the Demised Premises for performance of work in the Demised Premises not included within Landlord's Work, or for any other purpose whatsoever, shall be same being at Tenant's sole risk risk, and responsibility. Upon the request of Landlord, Tenant shall deliver to Landlord policies and certificates of insurance reasonably satisfactory to Landlord. In the event Tenant or Tenant's contractor shall enter upon or perform work in the Demised Premises or any other part of the Building, Tenant agrees to protect, defend, indemnify and save harmless Landlord free and harmless, from and against all losses, claims, liabilities, costs, damages, and injuries of any and all claims every kind whatsoever that may result from any such entry by Tenant (including, without limitation, damage to the Improvements, fees and expenses arising out of said entry or such work. Tenant agrees that should Tenant, its agents, contractors or subcontractors, enter upon connected with the Demised Premises for the purpose activities of performing any work not included within Landlord's Work, or for any other purpose whatsoever, the labor employed by Tenant or anyone performing such work, for or on behalf of Tenant, shall always be harmonious and compatible with the labor employed by Landlord or any agents, contractors or subcontractors of Landlord. Should such labor be unharmonious or incompatible, Landlord may require Tenant, its agents and/or contractors to withdraw from the Demised Premises. Tenant's agents, contractors and subcontractors and their respective employees shall comply with the special rules, regulations and requirements of Building management for the performance and coordination of said agents, contractors, subcontractors subcontractors, suppliers or workmen in or about the Premises, and their employees so as losses, claims, liabilities, costs, damages, damage to avoid the intrusion into Improvements, fees and expenses related to environmental matters and Hazardous Materials). Except for the operation indemnity set forth above, Tenant shall not be obligated to pay to Landlord, nor shall Landlord be entitled to charge Tenant, Fixed Rent or any other amounts which may otherwise be due and payable under this Lease by virtue of the Building and to avoid disturbing the quiet enjoyment of other tenants. As a condition to Landlord's permission to exercise by Tenant to make any of Tenant's installations in the Demised Premises, Landlord may require that Tenant agree with Landlord the fixing of the Commencement Date of this Lease. Landlord agrees to remain responsible for one (1) year following substantial completion of Landlord's Work to cure all defects in workmanship, design, materials or equipment with respect to Landlord's Work (notice of which shall be given to Landlord within such one (1) year period), rights and for a longer period, if and to the extent that the cure of any such defect is covered under the terms of any warranty or guaranty that Landlord may have received from any supplier, contractor or subcontractorprivileges herein.