Common use of Tenant’s Access Clause in Contracts

Tenant’s Access. In addition to Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and Tenant’s agents or independent contractors to enter the Premises prior to the Target Substantial Completion Dates, in order that Tenant may do the Tenant Improvements which are specified in Exhibit B-2 hereto. Tenant shall give to Landlord not less than five (5) days’ prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any such entry into and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Date, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s or Agent’s negligence or willful misconduct. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.

Appears in 1 contract

Sources: Office Facility Lease (I Trax Inc)

Tenant’s Access. In addition to Landlord’s obligations under Section 3.1, Landlord, in its reasonable sole discretion, may permit Tenant and Tenant’s ▇▇▇▇▇▇'s agents or independent contractors to enter the Premises prior to the Target Substantial Completion Dates, in order that Tenant may do Commencement Date for the purpose of constructing the Tenant Improvements which are specified in Exhibit B-2 heretoImprovements. Tenant shall give to Landlord not less than five (5) days’ prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license Such entry shall be subject to the condition conditions that (i) Tenant and Tenant’s 's agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics mechanics, suppliers and suppliers invitees shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant and/or Tenant's General Contractor shall maintain, maintain in full force and effect, effect the insurance policy or policies required under the Lease, ; and shall use commercially reasonable efforts to cause the General Contractor Landlord to be designated as an Additional Insured additional insured with respect to the Building Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with the Tenant’s 's early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any such entry into and occupancy of access to the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s 's work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Commencement Date, the same being at Tenant’s 's sole risk, unless such occurrence is due to Landlord’s, General Contractor’s 's or Agent’s Landlord's agents' gross negligence or willful misconduct. Tenant hereby indemnifiesagrees to indemnify, defends defend and holds hold harmless Landlord from and against all Losses actions, claims, demands, costs, damages (including, without limitation incidental damages and consequential damages), penalties or expenses of any kind (including, without limitation, reasonable attorneys' fees), which may be brought or made against Landlord or a Landlord Indemnified PartyLandlord, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s 's early access to the Premises pursuant to this Section 8 section or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.

Appears in 1 contract

Sources: Building Lease (Datalink Corp)

Tenant’s Access. In addition to Landlord’s obligations under Section 3.1, Landlord, in its reasonable sole discretion, may permit Tenant and Tenant’s 's agents or independent contractors to enter the Premises prior to the Target Substantial Completion Dates, in order that Tenant may do Commencement Date for the purpose of constructing the Tenant Improvements which are specified in Exhibit B-2 heretoImprovements. Tenant shall give to Landlord not less than five (5) days’ prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license Such entry shall be subject to the condition conditions that (i) Tenant and Tenant’s 's agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics mechanics, suppliers and suppliers invitees shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant and/or Tenant's General Contractor shall maintain, maintain in full force and effect, effect the insurance policy or policies required under the Lease, ; and shall use commercially reasonable efforts to cause the General Contractor Landlord to be designated as an Additional Insured additional insured with respect to the Building Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with the Tenant’s 's early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any such entry into and occupancy of access to the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s 's work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Commencement Date, the same being at Tenant’s 's sole risk, unless such occurrence is due to Landlord’s, General Contractor’s 's or Agent’s Landlord's agents' gross negligence or willful misconduct. Tenant hereby indemnifiesagrees to indemnify, defends defend and holds hold harmless Landlord from and against all Losses actions, claims, demands, costs, damages (including, without limitation incidental damages and consequential damages), penalties or expenses of any kind (including, without limitation, reasonable attorneys' fees), which may be brought or made against Landlord or a Landlord Indemnified PartyLandlord, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s 's early access to the Premises pursuant to this Section 8 section or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.

Appears in 1 contract

Sources: Building Lease (Datalink Corp)

Tenant’s Access. In addition Landlord grants to Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and Tenant’s agents or independent contractors a license to enter the Premises prior to the Target Substantial Completion Dates, in order date that the Work is substantially completed so that Tenant may do perform other work required by Tenant to make the Premises ready for Tenant’s initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant Improvements which are specified in Exhibit B-2 hereto. Tenant shall give to Landlord not less than five (5) days’ prior written notice requesting access of its intention to enter the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons Premises and entities for whom and which that such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection not unreasonably interfere with the performance of the work for which such Work. Such early access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to scheduling by Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics mechanics, and suppliers shall use commercially reasonable efforts to work in harmony and not unreasonably interfere with Landlord and its Landlord’s agents in the performance of the Work in the Premises, Landlord’s work in other premises and contractors in doing its work in, tothe Common Areas, or on the Premises; (ii) Tenant shall maintain, in full force and effect, general operation of the insurance policy Building or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the PremisesProperty. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlordincluding labor disharmony, in Landlord’s reasonable discretion, shall have the right to Landlord may withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any Any such entry into and occupancy of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to excluding only the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or personsinjury, loss loss, or damage which may occur to any of Tenant’s work and or installations made in the Demised Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion DateCommencement Date and Tenant shall bear the risk of all such injury, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s loss or Agent’s negligence or willful misconductdamage. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may shall pay or incur, by reason of the Tenant’s early access for any damage to the Premises pursuant or Building, or to this Section 8 any portion of the Work caused by Tenant or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, inviteesagents, contractors, subcontractorsworkmen or suppliers. In the event the performance of any work by Tenant, workmenits agents, mechanics employees or contractors results in Landlord incurring out-of-pocket costs (including without limitation costs for the use or movement of labor or material) in excess of the customary out-of-pocket costs incurred by Landlord therefor under normal operation and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work Tenant “move-in” procedures established for the Property by Landlord, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insuredreimburse Landlord for such excess costs.

Appears in 1 contract

Sources: Lease Agreement (BioHorizons, Inc.)

Tenant’s Access. In addition From and after the Commencement Date, Landlord shall provide access to the Premises to Tenant and its contractors, agents and employees for purposes of performing Tenant Work. For purposes of this Lease, the term “Schedule” shall mean a detailed description of the timing and coordination of Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant construction of the Improvements and Tenant’s agents or independent contractors to enter the Premises prior to the Target Substantial Completion Dates, in order that Tenant may do the Tenant Improvements which are specified in Exhibit B-2 hereto. Tenant shall give to Landlord not less than five (5) days’ prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work Tenant Work. Landlord and Tenant shall reasonably cooperate in creating a procedure for which such early access is being requested; consultation and cooperation in reviewing and revising the Schedule. Prior to commencing any Tenant Work, Tenant shall provide Landlord with: (di) copies of all plans and specifications pertaining to the work Tenant Work for which such access is being requested; (eii) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (fiii) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable applicable. The access to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject Premises provided to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license Tenant pursuant to this Section 3.2 shall be subject to the condition conditions that (i) all of Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics mechanics, suppliers, and suppliers invitees shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause create an imminent likelihood of such disharmony or interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel suspend such license access upon 24 twenty-four (24) hours’ prior written notice to Tenant until such time as Tenant, at Tenant’s sole cost, has remedied such disharmony or interference. Tenant agrees that any such entry into and occupancy of the applicable Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Date, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s or Agent’s negligence or willful misconduct. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.

Appears in 1 contract

Sources: Lease Agreement (Sonicwall Inc)

Tenant’s Access. In addition to From and after the Early Occupancy Date, provided that (i) the Premises is vacant and prepared for occupancy as determined in Landlord’s obligations under Section 3.1, Landlord, in its reasonable 's sole discretion, may permit and (ii) Tenant and Tenant’s agents or independent contractors to enter has satisfied the Premises prior to the Target Substantial Completion DatesEarly Access Conditions (as hereinafter defined), in order that Landlord shall provide Tenant may do the Tenant Improvements which are specified in Exhibit B-2 hereto. Tenant shall give to Landlord not less than five (5) days’ prior written notice requesting with access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description Premises for purposes of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested performing space preparation and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the Tenant Improvements. The performance of the work for which such early access is being requested; (d) copies of all plans space preparation and specifications pertaining Tenant Improvements pursuant to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license this Section 3.2 shall be subject to the condition conditions that (i) all of Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers any Tenant Parties shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the PremisesLandlord's Work. If at any time such entry or occupancy shall cause or threaten to cause create an imminent likelihood of such disharmony or interference, Landlord, in Landlord’s 's reasonable discretion, shall have the right to withdraw and cancel suspend such license access upon 24 twenty-four (24) hours’ prior ' written notice to Tenant until such time as Tenant, at Tenant's sole cost, has remedied such disharmony or interference. Tenant shall perform any space preparation and Tenant Improvements in the Premises in accordance with, and subject to the limitations contained in Section 8 applicable to Alterations. Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant's property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant's sole risk. Any early access shall also be subject to (A) Tenant :first providing to Landlord the certificates of insurance required under Section 14 below, and (8) Tenant's payment to Landlord of any amounts (e.g., the Security Deposit required under Section 5.3) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) - (B) are collectively referred to herein as the "Early Access Conditions"). Tenant agrees that any such entry into and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Base Rent and Tenant's Proportionate Share of the Real Estate Taxes, Insurance Costs and Operating Expenses. In the event any accrued Tenant Delays cause Landlord to pay or incur costs or expenses in connection with the design, construction and Substantial Completion of the Landlord's Work in excess of the costs or expenses that would otherwise have been paid or incurred by Landlord, Tenant shall pay any such reasonable out-of-pocket excess costs and expenses to Landlord, as Additional Rent. Tenant further agrees that to the extent permitted by law, within ten (10) days after Landlord and its principals shall not be liable in any way submits invoices for any injury such excess costs or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Date, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s or Agent’s negligence or willful misconductexpenses. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.-7-llS2810.vI4

Appears in 1 contract

Sources: Lease Agreement (Value Line Inc)

Tenant’s Access. In addition to Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and Tenant’s agents or independent contractors shall be permitted to enter the Premises prior no earlier than the applicable milestone date provided in the Schedule (as revised from time to the Target Substantial Completion Datestime), in order that Tenant may do install Tenant’s furniture, fixtures and equipment (the “Tenant Work”); provided, however, that Tenant and its representatives shall at all times have reasonable access to the project for purposes of monitoring the progress of construction. If Tenant desires early entry to the Premises to perform the Tenant Improvements which are specified in Exhibit B-2 hereto. Work, Tenant shall give to Landlord not less than five one (51) days’ business day prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (cb) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (dc) copies of all plans and specifications pertaining to the work for which such access is being requested; (ed) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (fe) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form reasonably acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise Landlord. Such early entry in connection accordance with such work. All of the foregoing shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license Schedule shall be subject to the condition that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony and not unreasonably interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Building Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or unreasonable interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any such entry into and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises (including, without limitation, any Tenant ImprovementsWork) or loss or damage to property placed therein prior to the Target Substantial Completion Commencement Date, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s or Agent’s negligence or willful misconduct. Tenant hereby indemnifies, defends and holds harmless Landlord and any Landlord Indemnified Parties from and against all Losses losses, liabilities, costs and expenses, including, but not limited to, reasonable attorney’s fees, which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant ImprovementsWork, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with unless resulting from the negligence or willful misconduct of Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insuredany Landlord Party.

Appears in 1 contract

Sources: Lease Agreement (Thorne Healthtech, Inc.)

Tenant’s Access. In addition Landlord grants to Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and Tenant’s 's agents or independent contractors a license to enter the Premises prior to the Target Substantial Completion Dates, in order date that the Work is substantially completed so that Tenant may do perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant Improvements which are specified in Exhibit B-2 hereto. Tenant shall give to Landlord not less than five (5) days' prior written notice requesting access of its intention to enter the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons Premises and entities for whom and which that such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection not interfere with the performance of the work for which such Work. Such early access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to scheduling by Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant’s 's agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics mechanics, and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its Landlord's agents in the performance of the Work in the Premises, Landlord's work in other premises and contractors in doing its work in, tothe Common Areas, or on the Premises; (ii) Tenant shall maintain, in full force and effect, general operation of the insurance policy Building or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the PremisesProperty. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlordincluding labor disharmony, in Landlord’s reasonable discretion, shall have the right to Landlord may withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any Any such entry into and occupancy of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to excluding only the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or personsinjury, loss loss, or damage which may occur to any of Tenant’s 's work and or installations made in the Demised Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion DateCommencement Date and Tenant shall bear the risk of all such injury, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s loss or Agent’s negligence or willful misconductdamage. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may shall pay or incur, by reason of the Tenant’s early access for any damage to the Premises pursuant or Building, or to this Section 8 any portion of the Work caused by Tenant or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, 's employees, representatives, inviteesagents, contractors, subcontractorsworkmen or suppliers. In the event the performance of any work by Tenant, workmenits agents, mechanics employees or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work Tenant "move-in" procedures established for the Property by Landlord, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insuredreimburse Landlord for such excess costs.

Appears in 1 contract

Sources: Lease Agreement (Infinity Property & Casualty Corp)

Tenant’s Access. In addition ▇▇▇▇▇▇’s access to Landlord’s obligations under Section 3.1the premises may be conditioned in any manner deemed reasonable necessary by Landlord to maintain order on the premises. Such measures may include, Landlordbut are not limited to, in its reasonable discretion, may permit Tenant and verifying Tenant’s agents or independent contractors identity and/or limiting hours of operation. Locks: ▇▇▇▇▇▇ agrees to enter use and Tenant shall provide at Tenant’s expense a lock deemed sufficient to secure the Premises prior to the Target Substantial Completion Dates, in order that Unit. Tenant may do be provided the option to rent a lock from Landlord. ▇▇▇▇▇▇▇▇ is not responsible for tenants property if tenants uses landlord's lock. ▇▇▇▇▇▇ agrees to keep Unit locked when ▇▇▇▇▇▇ is not present at premises. Landlord may, but is not required to lock Tenant’s storage space if it is found unlocked. Tenant Improvements which are specified may use only one (1) lock per storage space door and Landlord may remove any additional locks placed on storage space by Tenant. Property Left on Premises: Landlord may dispose of any property left in Exhibit B-2 heretothe storage space or on the premises by Tenant after ▇▇▇▇▇▇’s tenancy is terminated. Tenant shall give be responsible for all costs incurred by Landlord in deposing of such property with a minimum of $100 fee. Rules: Landlord shall have the right to establish or change hours of operation or to promulgate rules and regulations for the safety, care, and cleanliness of the premises, or the preservation of good order on the premises. ▇▇▇▇▇▇ agrees to observe a 5 M.P.H. speed limit on the premises. Relocation: Landlord reserves the right to relocate Tenant, without expense to Tenant, to any unit of comparable size. Sublease: Tenant may not less than five (5) days’ prior written notice requesting access to assign this Agreement or sublet the Premises, which notice shall contain and/or premises Severability: It is understood and agreed that if any provision of this Agreement shall be accompanied by: (a) a description held to be invalid, this Agreement shall be considered to be amended to exclude any such invalid provision and the balance of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing Agreement shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license read independently of said excluded provision and shall be subject to the condition that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, remain in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any such entry into and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Date, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s or Agent’s negligence or willful misconduct. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.

Appears in 1 contract

Sources: Storage Unit Rental Agreement

Tenant’s Access. In addition From and after the Commencement Date, Landlord shall provide access to the Phase I Premises for purposes of performing Tenant Work. Notwithstanding the foregoing, Tenant shall not be entitled to use and occupy the Phase I Premises until the Substantial Completion of the Phase I Improvements other than for the performance of the Tenant Work. Landlord shall provide early access to the Phase II Premises for the benefit of Tenant prior to the Substantial Completion of the Phase II Improvements (the “Phase II Early Occupancy”) for the limited purpose of performing the Tenant Work as soon as reasonably practicable, but in all events Tenant shall be provided with the Phase II Early Occupancy at least forty-five (45) days prior to the Phase I Rent Commencement Date. However, if Landlord is unable to provide such forty-five (45) day Phase II Early Occupancy as a result of Tenant Delays, such failure shall be excused (and the required forty-five (45) day period reduced) to the extent only of the portion of the delay or inability resulting from the Tenant Delays. Tenant shall perform any Tenant Work in the Phase I Premises and the Phase II Premises in accordance with, and subject to the limitations contained in this Section 3.3. For purposes of this Lease, the term “Schedule” shall mean a detailed description of the timing and coordination of Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant construction of the Improvements and Tenant’s agents or independent contractors to enter the Premises prior to the Target Substantial Completion Dates, in order that Tenant may do performance of the Tenant Improvements Work which are specified will be prepared as part of the Plans and Specifications. Landlord and Tenant shall reasonably cooperate in Exhibit B-2 heretocreating a procedure for such consultation and cooperation in reviewing and revising the Schedule. Tenant shall give to Landlord not less than five (5) days’ days prior written notice requesting of its request to have such access to the PremisesPremises (except that Tenant shall not be obligated to notify Landlord of any access for Tenant Work contemplated by the Schedule). Prior to commencing any Tenant Work, which notice Tenant shall contain and/or shall be accompanied byprovide Landlord with: (a) a description of the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (di) copies of all plans and specifications pertaining to the work Tenant Work for which such access is being requestedrequested to the extent not previously delivered; (eii) copies of all licenses and permits required in connection with the performance of the work for which such access is being requestedrequested to the extent not previously delivered; and (fiii) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such workLandlord. All of the foregoing shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any such entry into and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Date, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s or Agent’s negligence or willful misconduct. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.Regarding item

Appears in 1 contract

Sources: Industrial Lease (Williams Sonoma Inc)

Tenant’s Access. In addition Landlord grants to Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and Tenant’s 's agents or independent contractors a license to enter the Premises prior to the Target Substantial Completion Dates, in order date that the Work is substantially completed so that Tenant may do perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant Improvements which are specified in Exhibit B-2 hereto. Tenant shall give to Landlord not less than five (5) days' prior written notice requesting access of its intention to enter the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons Premises and entities for whom and which that such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection not interfere with the performance of the work for which such Work. Such early access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to scheduling by Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant’s agents, employees, representatives, invitees's agent's, contractors, subcontractors, workmen, mechanics mechanics, and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its Landlord's agents in the performance of the Work in the Premises, Landlord's work in other premises and contractors in doing its work in, tothe Common Areas, or on the Premises; (ii) Tenant shall maintain, in full force and effect, general operation of the insurance policy Building or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the PremisesProperty. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlordincluding labor disharmony, in Landlord’s reasonable discretion, shall have the right to Landlord may withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any Any such entry into and occupancy of the Demised Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions conditions, and provisions of the Lease, except as to excluding only the covenant to pay RentRent and specifically including the provisions of Articles l5 and 22 of the Lease. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or personsinjury, loss loss, or damage which may occur to any of Tenant’s 's work and or installations made in the Demised Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion DateCommencement Date and Tenant shall bear the risk of all such injury, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s loss or Agent’s negligence or willful misconductdamage. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought shall pay for any damage to the Demised Premises or made against Landlord or a Landlord Indemnified PartyBuilding, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason to any portion of the Tenant’s early access to the Premises pursuant to this Section 8 Work caused by Tenant or due to Tenant Improvements. Notwithstanding any of Tenant's employees, agents, contractors, workmen, or suppliers. In the foregoing to event the contraryperformance of any work by Tenant, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s its agents, employees, representativesor contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insuredreimburse Landlord for such excess costs.

Appears in 1 contract

Sources: Lease Agreement (Digital Fusion Inc/Nj/)

Tenant’s Access. (a) From and after the Term Commencement Date and until the end of the Term, Tenant shall have access to the Premises twenty-four (24) hours a day, seven (7) days a week, subject to Legal Requirements, the Rules and Regulations, the terms of this Lease and matters of record. (b) Tenant and its employees shall have access to the Building after normal business hours by means of a card reader access system. In addition to the foregoing, Tenant shall have the right, subject to ▇▇▇▇▇▇’s obtaining Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and prior written approval of Tenant’s agents plans and specifications therefor (which approval shall not be unreasonably withheld, delayed or independent contractors conditioned), to enter install a security system within the Premises prior to the Target Substantial Completion Dates(“Tenant’s Security System Work”). Tenant’s Security System Work shall be performed in accordance with this Lease, in order that Tenant may do the Tenant Improvements which are specified in Exhibit B-2 heretoincluding, without limitation, Section 11 hereof. Tenant shall give provide Landlord and the cleaning personnel with access cards permitting normal entry to Tenant’s Premises. In addition to the foregoing, such security system shall be designed with a master key override using the Building master key, so that Landlord not less than five (5) days’ prior written notice requesting shall have access to the PremisesPremises in an emergency, which notice but Landlord shall contain and/or only use such master key access in an emergency. Additionally, Tenant shall ensure that such system shall comply with all applicable laws, rules and regulations, including all fire safety laws, and in no event shall Landlord be accompanied by: (a) a description liable for, and Tenant shall defend, indemnify, and hold harmless Landlord and its representatives and agents from and against, any claims, demands, liabilities, causes of action, suits, judgments, damages and expenses arising from such system or the work to be performed by those persons and entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present malfunctioning thereof in the Premises; accordance with Tenant’s indemnity obligations set forth in Section 14.2. (c) copies of all contracts pertaining Subject to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claimsSection 11, costs, expenses, damages and liabilities which may arise in connection with such work. All of the foregoing shall be subject to Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Premises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, Landlord, in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Tenant agrees that any such entry into and occupancy of access the Premises shall be deemed to be under all of the termsPremises, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Target Substantial Completion Date, the same being at Tenant’s sole risk, unless at least thirty (30) days before the Term Commencement Date for purposes reasonably related to the installation of Tenant’s Work (as defined in Exhibit 4), provided such occurrence is due to access does not materially interfere with the preparation for or performance of Landlord’s, General Contractor’s or Agent’s negligence or willful misconductWork (hereinafter defined). Tenant hereby indemnifiesshall, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of prior to the Tenant’s early access first entry to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any 1.4(c), provide Landlord with certificates of insurance evidencing that the foregoing to the contrary, it is acknowledged and agreed that Tenant shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth insurance required in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, 14 hereof is in full force and effecteffect and covering any person or entity entering the Building. Tenant shall defend, indemnify and hold the Landlord Parties (hereinafter defined) harmless from and against any and all Claims (hereinafter defined) for injury to persons or property resulting from or relating to Tenant’s access to and use of the Premises prior to the Term Commencement Date as provided under this Section 1.4(c). Tenant shall coordinate any access to the Premises prior to the Term Commencement Date with ▇▇▇▇▇▇▇▇’s property manager. If the exercise of Tenant’s rights under this Section 1.4(c) results in a delay to Landlord’s Work, the insurance policy or policies required under the Lease, and same shall use commercially reasonable efforts to cause the General Contractor to be designated constitute Tenant Delay (as an Additional Insuredthat term is defined in Section 3.2(c)).

Appears in 1 contract

Sources: Lease Agreement (Dicerna Pharmaceuticals Inc)