Common use of Tenant’s Early Access Clause in Contracts

Tenant’s Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of the remaining elements of Landlord’s Work, then Landlord shall permit Tenant to enter the Premises and to use the loading docks and freight elevators of the Building, for the purpose of performing Tenant’s Work in the Premises. Any such early entry shall be at Tenant’s sole risk and expense, and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease, including the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date shall not yet have occurred; provided, however, Tenant shall not be obligated to pay any costs for Basic Rent, Direct Expense Charges, utilities provided to Tenant or use of the freight elevator and loading docks during said early access period. Without limitation, all of such work performed by Tenant in the Premises shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work by Tenant damage the Building or the Premises or materially interfere with the timely performance of Landlord’s Work.

Tenant’s Early Access. After Landlord determines that ▇▇▇▇▇▇▇▇’s Work has sufficiently progressed and Tenant shall coordinate the Construction Schedule in order to the point where permitting permit Tenant to enter access the Premises prior to Substantial Completion of Landlord’s Work, in order to commence the performance of Tenant’s Work, at such time as will not adversely affect the timely completion of the then-remaining elements of Landlord’s Work. In connection with such early access and subject to the provisions of this Section 4.4, then Landlord shall permit Tenant to may enter the Premises and to use the loading docks and freight elevators of the Building, for the purpose of performing Tenant’s Work installing its furniture, fixtures and equipment (including lab equipment) in the Premises. Any such early entry access shall be at Tenant’s sole risk and expense, and Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entryearly access to the Premises, Tenant shall be bound by and shall comply with all provisions of this Lease, including the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date shall may not yet have occurred; provided, however, Tenant shall not be obligated to pay any costs for Basic Rent, Direct Expense Charges, utilities provided to Tenant or during said early access period. Tenant shall reimburse Landlord for the actual out-of-pocket costs and expenses (without mark-up) incurred by Landlord in connection with the overtime use by Tenant of the freight elevator and elevators and/or loading docks during said early access period. Without limitation, all of such work performed by Tenant in the Premises shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work by Tenant damage the Building or the Premises or materially interfere with the timely performance of Landlord’s Work.