Common use of Early Access Clause in Contracts

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Office Lease (Allied Esports Entertainment, Inc.)

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Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant shall be permitted to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to enter the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's ’s cabling, security system, furniture, fixturesfixtures and equipment; provided, cabling and telecom equipment ("however, that Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to ’s entry into the Premises during the Early Access Period shall be subject to and conditioned upon Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures and equipment shall be subject to all of the terms and conditions of this Lease; provided, however, . Tenant shall will not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises rent during the Early Access Period until Period. In no event shall Tenant or Tenant’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the Lease Commencement Date so long as nature of such interference, Landlord shall have the right to terminate Tenant’s early access. Other than with respect to the gross negligence of Landlord or Landlord’s agents, Tenant does not operate its business hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from within and against any portion and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice during any period of any such intended early access access, as construction and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay other activities may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsongoing.

Appears in 1 contract

Samples: Office Lease (Zogenix, Inc.)

Early Access. So long Provided and on the express condition that Tenant uses Xxxx Xxxxxxxx & Associates as the general contractor to perform the Tenant Work, Landlord has received will permit Tenant and Tenant’s contractors to access the Premises from and after September 15, 2017 in order to commence the performance of the Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and Work so long as, in Landlord’s reasonable determination, such access and work can be performed without interference with or delay in the timely performance of any remaining Landlord’s Work. If Tenant does not use Xxxx Xxxxxxxx & Associates as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including general contractor for the Tenant ImprovementsWork, Tenant will have no right to access the Premises for the performance of the Tenant Work until the Substantial Completion Date, provided, however, upon the request of Tenant, Landlord shall give Tenant's designated contractors grant Tenant reasonable access to the Premises approximately thirty following completion of Landlord’s demolition work to the Premises to allow Tenant to perform Customary Pre-Construction Activities (30) days as hereinafter defined), provided such access, in Landlord’s reasonable discretion, is coordinated with and will not interfere with the timely performance of Landlord’s Work. Any early access by Tenant prior to the Lease Commencement Date (substantial completion of the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Landlord’s Work shall be performed subject to reasonable rules and regulations as may be established by Landlord from time to time, including, without limitation, hours of access and that the performance of Landlord’s Work shall have priority over any activities that Tenant at is conducting or shall propose to conduct during the period prior to the Substantial Completion of Landlord’s Work. Any interference by Tenant's sole cost and expense. , its employees, agents, invitees or contractors that causes an actual delay in the performance of the Landlord’s Work as a result of Tenant's ’s early access to the Premises during shall constitute a Tenant Delay under this Lease. “Customary Pre-Construction Activities” shall mean such architectural and engineering activities that are generally performed in preparation for the Early Access Period construction of first class office space in the financial district of Boston, Massachusetts and which do not involve the performance of work which physically alters in any way any portion of the Premises or the Building and which do not affect or interfere with the operation of any Building systems. Examples of Customary Pre-Construction Activities are the taking or preparation of measurements, surveys, elevations, sketches and layouts. Any such access to the Premises by Tenant and Tenant’s employees, agents, contractors, subcontractors material suppliers and laborers prior to the Substantial Completion Date shall be (i) at Tenant’s sole risk and expense, (ii) coordinated with the timely performance of the Landlord’s Work and not interfere with or delay in any material respect the performance of the Landlord’s Work, and (iii) subject to such reasonable access rules as Landlord may impose based upon the status of completion of Landlord’s Work and the remaining Landlord’s Work to be performed in the Premises, (iv) subject to and upon all of the same terms and conditions of this Lease; providedLease except for the obligation to pay Rent, however(v) conditioned upon Tenant’s complying with and performing, and causing its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s insurance and indemnity obligations and other obligations governing the conduct of Tenant at the ACTIVE/91437610.6 Property under the Lease (provided that no Basic Rent, or Additional Rent shall accrue or be payable during such time), and (vi) to the fullest extent permitted by applicable Laws, the installation or placement of any furniture, equipment, construction materials and supplies and other property in the Premises shall be at the sole risk and hazard of Tenant and Landlord shall not be obligated liable for any theft, loss, injury or damage to pay Base Rent or Tenant's Share of Direct Expenses any such property therein and Tenant shall be solely responsible for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice security of any such intended early access Tenant’s property, materials and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementssupplies.

Appears in 1 contract

Samples: Lease (Proteostasis Therapeutics, Inc.)

Early Access. So long as Following twenty-four (24) hours’ notice to Landlord has received from and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the first month's Base Rent due pursuant Premises up to Article 3 belowsixty (60) days prior to the Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried maintenance by Tenant under this Lease, and so long as the Tenant and its contractors and employees do subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not materially interfere be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the completion performance of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work during such early entry shall be performed borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at Tenant's its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant's access Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the Premises extent arising out of or in connection with any and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the Early Access Period right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be subject to made in compliance with all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for Lease and the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access Rules and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsRegulations attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Early Access. So long as Landlord has received from Tenant From and after the first month's Base Rent due pursuant execution of this First Amendment and continuing up and until the Expansion Date (the “Early Access Period”), to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do extent it does not materially interfere with the completion Landlord Work, Tenant may enter into the Expansion Space for the sole purpose of any completing Landlord-approved work to fixture the Expansion Space for Tenant’s business operations, which shall be completed by Landlord under this Lease, including performed at Tenant’s sole cost and expense and shall be subject to all applicable ordinances and building codes or other laws governing Tenant’s right to occupy or perform in the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days Expansion Space prior to the Lease Commencement Date (Expansion Date. Such entry into the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work Expansion Space shall also be performed by Tenant at Tenant's sole cost and expense. Tenant's access subject to the Premises requirements that (1) prior to Tenant or any of the Tenant Parties obtaining access or entry to the Expansion Space, Tenant must first satisfy the Access Conditions (as hereinafter defined), and (2) Tenant and any and all Tenant Parties shall not disturb the tenancies of any tenants near the Expansion Space or unreasonably interfere with the business operations of such tenants. Tenant agrees that any such entry onto the Expansion Space during the Early Access Period shall be subject deemed to be under all terms of the terms, covenants, conditions and conditions provisions of this the Lease (except as to the covenant to pay Rent). Subject to Landlord’s indemnity under Section 17.3 of the Lease; provided, however, Tenant further agrees that Landlord shall not be obligated liable in any way for any injury or death to pay Base Rent any person or persons, loss or damage to any of Tenant's Share of Direct Expenses for ’s property at the Expansion Space or loss or damage to property placed thereon prior to the Expansion Date, the same being at Tenant’s sole risk and expense. Any such access or performance in the Premises during prior to the Commencement Date shall also be subject to (A) Tenant first providing to Landlord the Certificates of Insurance required under Section 10.2 of the Lease (the conditions described in clause (A) are collectively referred to herein as the “Access Conditions”). Tenant shall place all utilities into their name prior to the commencement of the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.Period

Appears in 1 contract

Samples: Lease Agreement (Clearfield, Inc.)

Early Access. So long as Landlord has received from Tenant Subject to Tenant’s delivery of an executed original of this Lease, the first month's Guaranty, the prepaid Base Rent due pursuant to Article 3 below, and the Security DepositDeposit as required elsewhere in this Lease, certificates satisfactory to Landlord evidencing and the insurance certificates evidencing Tenant’s insurance policies required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable provide Tenant with early access to the Premises approximately thirty (30) days prior to on the Lease Delivery Date. Such period of early access shall commence on the Delivery Date and continue through the date immediately preceding the Commencement Date (the "Early Access Period") only for purposes of installing ”), and Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's ’s access to the Premises during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises; provided, however, that it shall not constitute the “conduct of business” for Tenant to store assets and equipment at the Premises or to allow Tenant Parties access to such assets and equipment to remove them during the Early Access Period. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Complex) for the sole purpose of storing equipment, installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever except to the extent caused by Landlord’s gross negligence or willful misconduct. Such early access and such installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Complex by Landlord or any other tenant or occupant. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. For purposes of clarity, Tenant shall not be required to pay Base Rent and Additional Rent during the Early Access Period; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share the cost of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access services and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as utilities provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsPremises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Heritage Global Inc.)

Early Access. So long For the period from March 1, 2010 (or such other date as Landlord has received from Tenant is mutually approved by the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access parties in writing) to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only ”), Tenant may enter the Premises at its sole risk and expense for purposes the limited purpose of completing the Tenant Improvements and installing equipment and fixtures in preparation for Tenant's furniture’s occupancy, fixturessubject to the terms and conditions of this Section 2.2; provided, cabling however, if all of the conditions subsequent set forth in Exhibit B to the Parking Lot Lease are satisfied prior to March 1, 2010, then the Early Access period shall commence immediately upon the full and telecom equipment ("complete satisfaction of such conditions subsequent. Landlord shall have no liability or responsibility for loss of or damage or injury to any of Tenant's Work")’s employees, contractors, representatives, agents, or invitees, or to any of Tenant’s property on or about the Premises during the Early Access Period. Tenant's Work shall be performed by Tenant at Tenant's sole cost ’s entry onto and expense. Tenant's access to use of the Premises during the Early Access Period pursuant to this Section 2.2 shall be subject to all of the terms and conditions of this Lease; provided, however, Tenant shall not be obligated excluding only Tenant’s obligation to pay Monthly Base Rent or and additional rent (including Tenant's ’s Share of Direct Expenses for the Premises Operating Expenses), except that Tenant will be responsible to pay utility charges directly attributable to its activities during the Early Access Period until Period. Prior to its early entry on the Lease Commencement Date so long as Premises, Tenant does not operate shall provide Landlord with evidence of all insurance required of Tenant or its business contractors under this Lease. Notwithstanding the foregoing, Landlord shall have no liability or responsibility with respect to dust, dirt or other conditions resulting from within any portion of Landlord or Landlord’s agents, employees, contractors, invitees or tenants in the Premises until or Project during the Lease Commencement DateEarly Access Period. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord exercise Tenant’s rights hereunder during the Early Access Period so as to not to materially interfere in any material way with Landlord and Landlord’s agents, employees, contractors, invitees or tenants in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsor Project.

Appears in 1 contract

Samples: Work Letter Agreement (Lacrosse Footwear Inc)

Early Access. So long as Landlord has received from Subject to the terms herein and Tenant's compliance with all applicable Laws, Tenant shall have reasonable access to the first month's Base Rent due pursuant New Premises (“Early Access”) during completion of the Leasehold Improvements to Article 3 belowcoordinate installation of Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its furniture, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Leasefixtures, and equipment; provided in any such case Tenant’ s Early Access does not interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so long as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and employees do in writing, and shall comply with Landxxxx'x xnstructions and directions so that Tenaxx’ x early entry does not materially interfere with the completion of or delay any work to be completed performed by Landlord under this LeaseLandxxxx. Xxy delay resulting from Early Access, including the without limitation due to a Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at vendor’ s work delaying Landlord's optionability to obtain its permits, such delay may shall be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Confirmation of Lease (Paratek Pharmaceuticals, Inc.)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable provide Tenant with early access to the Premises approximately thirty (30) days prior to on the first Business Day following the full execution of this Lease Commencement Date by Landlord and Tenant (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"Date”). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period Such early occupancy shall be subject to all of the terms and conditions of this Lease; provided, howeverexcept that Tenant shall pay: (A) Base Rent in the amount of $2,382.80 per month, and (B) 50% of the amount of Tenant’s Proportionate Share of the Additional Rent, Taxes, and Insurance, in each case, for the period commencing on the Access Date and ending on the date immediately preceding the Commencement Date (such Rent to be prorated based on the length of the Early Occupancy Period). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Occupancy Period”). During the Early Occupancy Period, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for may enter the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until in which Landlord is not then performing the Lease Commencement DateWork for the purpose of installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible for any of such fixtures, furniture or equipment and for any loss or damage thereto from any cause whatsoever. Tenant agrees to provide Landlord with prior notice of any such intended Such early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until and such installation shall be permitted only to the extent that Landlord reasonably determines that such early access may be given without materially interfering with Landlord in and installation activities will not delay the substantial completion of the Work. Landlord and Tenant Improvementsshall cooperate in the scheduling of Tenant’s early access to the Premises and of Tenant’s installation activities in an attempt to maximize the benefits to Tenant of this Section 3(b) without interfering with Landlord’s substantial completion of the Work. The provisions of Section 8(a) below and of Section 11 below shall apply in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (y) comply with all Laws applicable to such early entry work in the Premises. Notwithstanding the foregoing, if such early access or installation delays or interferes with Landlord’s performance of the Work, Landlord shall have the right to accelerate the Commencement Date one day for each day of delay caused by Tenant’s early access to the Premises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

Early Access. So long as Prior to the date the Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 belowWork is Substantially Complete, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable ’s access to the Premises approximately thirty shall be permitted only with the prior written consent of Landlord. Early access to the Premises shall be subject to the terms and conditions of this Lease and Tenant shall pay Rent (30defined in Section 4.A) to Landlord for each day of such early access. However, if such early access to the Premises is permitted by Landlord for the sole purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (e.g., freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises no more than 15 days prior to the Lease anticipated Commencement Date for the sole purpose of installing furniture, fixtures and equipment (the "Early Access Period"Entry”) only for purposes of installing Tenant's furnitureprovided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the further provided that such Early Access Period Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease; provided, however. Prior to any such Early Entry, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice certificates of any such intended early access and insurance or other evidence acceptable to cooperate Landlord evidencing Tenant’s compliance with Landlord during its insurance obligations. In the event that Tenant’s Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially Entry interferes with the Tenant ImprovementsLandlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, at Landlord's optionLandlord may terminate Tenant’s right to Early Entry, and any delay in the Landlord Work attributable to such delay may Early Entry will be deemed a "Tenant Delay" (Delay as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsthis Lease.

Appears in 1 contract

Samples: Office Lease (Varolii CORP)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do such access does not materially interfere with Landlord’s construction of the Landlord’s Work, Tenant shall have the right to access the Expansion Premises prior to the completion of the Landlord’s Work for the purpose of installing its equipment, data, telecommunications systems and trade fixtures (“Tenant’s Work”). Such access shall be subject to reasonable scheduling by Landlord. In connection with such access, Tenant agrees (a) to cease promptly upon notice from Landlord any work to be completed Tenant’s Work which has not been approved by Landlord under this Lease, including or is not in compliance with the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to provisions of the Lease Commencement Date or which shall interfere with or delay the performance of Landlord’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the "Early Access Period") only for purposes of installing Landlord’s Work and the Tenant's furniture’s Work, fixtures, cabling each with the other and telecom equipment ("Tenant's Work")with any other activity or work in the Building. Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's Such access to the Premises during the Early Access Period shall be subject to all of the terms and conditions of this the Lease except the obligation to pay Rent until otherwise required by the terms of the Lease; provided, however, that if Tenant commences operation of its business in all or any portion of the Expansion Premises, the date on which Tenant commences operation of its business shall be deemed the Expansion Date and Tenant shall not be obligated to pay Base Rent pursuant to the terms of this First Amendment. Without limiting the foregoing, prior to accessing the Expansion Premises, Tenant shall provide to Landlord, in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Work; (ii) the names and addresses of all contractors who or which will be entering the Expansion Premises on behalf of Tenant to perform Tenant's Share ’s Work or will be supplying materials for such work, and the approximate number of Direct Expenses for individuals who will be present in the Premises during Expansion Premises; (iii) copies of all contracts pertaining to Tenant’s Work; (iv) copies of all plans and specifications pertaining to Tenant’s Work; (v) copies of all licenses and permits required in connection with the Early Access Period until performance of Tenant’s Work; and (vi) certificates of insurance (in amounts reasonably satisfactory to Landlord and with the parties identified in, or required by, the Lease Commencement Date so long named as additional insureds). EXHIBIT B If Tenant does not operate fails or refuses to comply or cause its business from within contractors to comply with any portion of the Premises until the Lease Commencement Date. Tenant agrees obligations described or referred to provide Landlord with prior above, then immediately upon notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant ImprovementsTenant, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's ’s right to access the Expansion Premises prior to the date of Substantial Completion of Landlord’s Work. Landlord shall assume no responsibility for the quality or completion of the Tenant’s Work under this Section, and shall not be responsible for equipment or supplies left or stored in the Expansion Premises by Tenant or Tenant’s contractors. Tenant’s access to the Expansion Premises until such access may pursuant to this Section shall be given without materially interfering with Landlord in at the completion sole risk of the Tenant Improvements.Tenant. EXHIBIT B EXHIBIT C The HVAC Xxxxx 0000 XXXXXXX XXXXX - XXXXX 000 170-02*CARRIER Year: 2006 4 Ton Model #: 50JS048601 Serial #: 4806G31153 170-03BDP Year: 1995 4 Ton Model #: 548CEX090000ADAA Serial #: 2495G30563 170-04RHEEM Year: 2004 4 Ton Model #: RJKAA048DM Serial #: 5578F350411999 170-05CARRIER Year: 2006 2.5 Ton Model #: 50JS030501 Serial #: 4906G21578 170-06CARRIER Year: 2005 2.5 Ton Model #: 50JS030501 Serial #: 3205G41393 170-07RHEEM Year: 2004 4 Ton Model #: RJKAA048DM Serial #: 5578F490405022 170-08*CARRIER Year: 2003 5 Ton Model #: 50JS060601 Serial #: 3803G41361 179-09*CARRIER Year: 2006 4 Ton Model #: 50JS048601 Serial #: 4806G31152 170-10*XXXXXX Year: 2008 4 Ton Model #: 604AEX048000AA Serial #: 1208G11837 170-11CARRIER Year: 2005 2 Ton Model #: 50JS024301 Serial #: 2305G12241 170-12BRYANT Year: 2008 4 Ton Model #: 604AEX048000AA Serial #: 1008G41116 170-14CARRIER Year: 1995 5 Ton Model #: 50HS060601AB Serial #: 2995G80170 170-15*CARRIER Year: 2006 3 Ton Model #: 50JS036501 Serial #: 4906G31063 170-16*CARRIER Year: 1995 5 Ton Model #: 50HS060601AB Serial #: 0495G10191 170-18CARRIER Year 1995 4 Ton Model #: 50HS048601AB Serial #: 0495G10155 *No Electrical, Plumbing or Duct Work Connected. 40034741v.7

Appears in 1 contract

Samples: Lease (Maxlinear Inc)

Early Access. So long as Landlord has received from Tenant shall, subject to compliance with Legal Requirements and the first month's Base Rent due pursuant terms and conditions set forth in this Paragraph F, grant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors certain other Tenant Parties a license for Tenant and employees do not materially interfere with the completion of any work certain other Tenant Parties to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable have access to the Premises approximately thirty prior to the Commencement Date. Such access shall be for the purpose of constructing the Tenant Improvements and allowing Tenant to install in the Premises Tenant's furniture, fixtures and voice and data equipment and cabling as may be necessary to make the Premises ready for Tenant's use and occupancy (30the "tenant's Pre-Occupancy Work"). Tenant shall deliver to Landlord Tenant's written request for early access not less than five (5) business days prior to the Lease Commencement Date date on which such access shall commence and such notice shall be accompanied by each of the following items: (i) the "Early Access Period") only for purposes names and addresses of installing all Tenant Parties who will be entering the Premises on behalf of Tenant to perform Tenant's furniture, fixtures, cabling Pre-Occupancy Work; and telecom equipment ("Tenant's Work"). Tenant's Work shall ii) certificates of insurance evidencing the coverages required to be performed maintained by Tenant at Tenant's sole cost Parties pursuant to Section 12 of the Lease. Any and expense. Tenant's all access to the Premises during and the Early Access Period performance of the Tenant's Pre-Occupancy Work shall be subject to scheduling by Landlord, in Landlord's sole but reasonable discretion. Any entry into and/or occupancy of the Premises by any tenant Party prior to the Commencement Date shall be subject to all terms of the terms, covenants, conditions and conditions provisions of this the Lease; provided, howeverincluding, Tenant shall not be obligated without limitation, the provisions of Sections 11 of the Lease, and excluding only the covenant to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period (which shall not commence until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date). Tenant agrees to provide Landlord Schedule B-1 Space Plan Requirements Schedule B-2 Contract Documents Requirements Schedule B-3 Construction Rules SCHEDULE B-1 SPACE PLAN REQUIREMENTS Floor plans, together with prior notice of any such intended early access related information for mechanical, electrical and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvementsplumbing design work, at Landlord's option, such delay may be deemed a "Tenant Delay" showing partition arrangement and reflected ceiling plans (as provided in the Tenant Work Letterthree [3] reproducible sets), and/or Landlord may revoke Tenant's access to including, without limitation, the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.following information:

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.)

Early Access. So long as Prior to the date the Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 belowWork is Substantially Complete, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable ’s access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed permitted only with the prior written consent of Landlord, which consent shall not be unreasonably withheld. In addition, so long as Tenant is accompanied by the Building’s property manager, Tenant at Tenant's sole cost and expense. Tenant's shall have access to the Premises during prior to the date the Landlord Work is Substantially Complete for the purpose of observing the construction of the Landlord Work. Early Access Period access to the Premises shall be subject to the terms and conditions of this Lease and Tenant shall pay Rent (defined in Section 4.A) to Landlord for each day of such early access. However, if such early access to the Premises is permitted by Landlord for the sole purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (e.g., freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises on or after 15 days prior to Substantial Completion of the Landlord Work for the sole purpose of installation of furniture, fixtures and equipment (the “Early Entry”) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and further provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Pro Rata Share of Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease; provided, however. Prior to any such Early Entry, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice certificates of any such intended early access and insurance or other evidence acceptable to cooperate Landlord evidencing Tenant’s compliance with Landlord during its insurance obligations. In the event that Tenant’s Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially Entry interferes with the Tenant ImprovementsLandlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, at Landlord's optionLandlord may terminate Tenant’s right to Early Entry, and any delay in the Landlord Work attributable to such delay may Early Entry will be deemed a "Tenant Delay" (Delay as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsthis Lease.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

Early Access. So long as Landlord has received from Tenant Provided that all conditions to the first month's Base Rent due pursuant effectiveness of this Sublease have been satisfied, Sublandlord agrees to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere provide Subtenant with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to Phase 1 and Phase 2 as soon as reasonably practicable for the Premises approximately thirty sole purpose of designing, constructing and installing the Subtenant Improvements (30defined in section 7) days prior and the Building Modifications (defined in section 8) and otherwise preparing such Phases for Subtenant's occupancy. Similarly, Sublandlord agrees to provide Subtenant with access to Phase 3, for such purposes, as soon as reasonably practicable following the Lease Commencement Date (the "Early Access Period") only for purposes vacation of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work")such Phase by its current occupant. Tenant's Work Such access shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to on all of the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated Sublease except that (i) Subtenant's obligation to pay Base Rent or Tenantapplicable to a Phase shall commence on the Rent Commencement Date for each such Phase, (ii) Subtenant's obligation to pay Subtenant's Proportionate Share of Direct Common Area Expenses for and insurance, and Subtenant's obligation to pay Subtenant's share of utilities expenses shall commence on commencement of demolition or construction work by Subtenant in the Premises during Sublease Premises, and (iii) Subtenant's obligation to pay Subtenant's Proportionate Share of Real Property Taxes shall commence on the Early Access Period until the Lease Commencement Date for each such Phase. All activities by Subtenant and its employees, agents, contractors, subcontractors and invitees in each Phase prior to the Commencement Date for such Phase shall be conducted in accordance with the terms of this Sublease and in a manner so long as Tenant does to minimize any disruption to the operations of Sublandlord or other subtenants in the Building. Notwithstanding anything herein to the contrary, Subtenant shall not operate its business from within be provided with early access to any Phase pursuant to this subsection 2(c) unless and until (i) all conditions precedent to this Sublease have been satisfied, (ii) Subtenant has deposited with Sublandlord the cash portion and the Letter of Credit portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" Security Deposit (as provided in the Tenant Work Lettersection 4), and/or Landlord may revoke Tenant's access (iii) Subtenant has paid to Sublandlord the Premises until such access may be given without materially interfering with Landlord in Base Rent due for the completion first month of the Tenant ImprovementsSublease Term (as provided in section 3), and (iv) Subtenant has provided to Sublandlord evidence of all insurance required to be maintained by Subtenant under this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Deltagen Inc)

Early Access. So long as Following twenty-four (24) hours’ notice to Landlord has received from and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the first month's Base Rent due pursuant applicable Premises up to Article 3 belowsixty (60) days prior to the applicable Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the applicable Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Tenant, at its sole cost and expense, may enter the Premises prior to the Early Access Period to conduct indoor air samples, subject to Landlord’s prior written consent, which shall not be unreasonably withheld or delayed, and provided that Xxxxxx uses Xxxx Environmental (or if Xxxx Environmental is not available, another environmental consultant selected by Tenant, subject to Landlord’s reasonable approval) to gather and analyze any such air samples; any such entry by Tenant shall be subject to all other terms and conditions of this Section 41.1. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Xxxxxx’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Xxxxxx’s activities at the Premises. Such license is further conditioned upon the compliance by Xxxxxx’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried maintenance by Tenant under this Lease, and so long as the Tenant and its contractors and employees do subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not materially interfere be liable in any way for any injury, loss or damage which may occur to any such work being performed by Xxxxxx, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the completion performance of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work Xxxxxx during such early entry shall be performed borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at Tenant's its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant's access Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the Premises extent arising out of or in connection with any and all work by Tenant or on Tenant’s behalf, during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the Early Access Period right, in Xxxxxxxx’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Xxxxxx during any early entry. Tenant shall coordinate such entry with Xxxxxxxx’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be subject to made in compliance with all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for Lease and the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access Rules and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsRegulations attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty Commencing fifteen (3015) days prior to Substantial Completion of the Lease Commencement Date (Expansion Premises, Tenant shall have access to the "Early Access Period") only Expansion Premises solely for the purposes of installing Tenant's ’s furniture, fixtures, cabling fixtures and telecom equipment ("in preparation for Tenant's Work")’s occupancy of the Expansion Premises. In connection Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's ’s access to the Expansion Premises during pursuant to this Section 2.2D Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the Early Access Period provisions of the Lease or which shall interfere with or delay the performance of the Tenant Improvements (as defined in Exhibit “B”) and (ii) to comply and cause its contractors to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all terms the applicable provisions of the Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any additional rent on account of Operating Expenses or Taxes for the Expansion Premises prior to the Expansion Premises Commencement Date, and conditions of this Lease; provided, however, (b) Tenant shall not be obligated deemed thereby to pay Base Rent have taken or Tenant's Share accepted possession of Direct Expenses for the Expansion Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within or any portion thereof. If Tenant fails or refuses to comply or cause its contractor to comply with any of the Premises until the Lease Commencement Date. Tenant agrees obligations described or referred to provide Landlord with prior above following notice of any such intended early access and a two (2) business day cure period, then immediately upon notice to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant ImprovementsTenant, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's ’s right of access to the Expansion Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsExpansion Premises Commencement Date.

Appears in 1 contract

Samples: Lease (Antares Pharma, Inc.)

Early Access. So long as Subtenant shall have the right to enter the Demised ------------ Premises prior to the Commencement Date following full execution of this Sublease, for the purpose of (i) testing the equipment in the Building; (ii) commencing Subtenant's Work in the Demised Premises and in other areas of the Building and (iii) to test Subtenant's equipment and systems installed in the Building and the Demised Premises. Notwithstanding the foregoing, Subtenant shall not commence any of Subtenant's Work in the Demised Premises until after obtaining the consent of Sublandlord and Prime Landlord has received of plans and specifications for same. Subtenant shall abide by all terms of this Sublease during its early entry, other than those terms relating to the payment of any rental amounts. Subtenant shall indemnify and save Sublandlord harmless from Tenant and against all loss and damage, including damage to person, persons or property, to the first monthextent same arises from any act or negligence of Subtenant's Base Rent due pursuant employees, contractor or any of its subcontractors, or the agents or employees of any of same while they are engaged in the performance of any work within the Demised Premises, or while in or about the Building, arising from any liens or claims for services rendered or labor or materials furnished in or for the performance of Subtenant's Work or arising from any accident or injury. Prior to Article 3 belowthe initial entry into the Building or the Demised Premises by Subtenant and the performance of any work therein, the Security DepositSubtenant shall furnish Sublandlord, certificates satisfactory to Landlord evidencing the at Subtenant's sole cost, a certificate of insurance required to be carried by Tenant under this Lease, from Subtenant and so long as the Tenant and its Subtenant's contractors and employees do not materially subcontractors, naming Sublandlord as an additional insured, in the coverage and amounts reasonably required by Sublandlord. Subtenant acknowledges and agrees that none of the above-described work or early entry shall interfere with the completion of or delay in any manner any work to be completed performed by Landlord Sublandlord under this LeaseSublease. Further, including Subtenant shall not be charged by Sublandlord for the Tenant Improvementsuse of any freight elevators, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior Building's loading docks, utility usage or the use of any other Building facilities or services during the initial planning and subsequent construction of Subtenant's Work, nor its move-in process to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsDemised Premises.

Appears in 1 contract

Samples: Estoppel and Attornment Agreement (Focal Communications Corp)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant shall be permitted to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to enter the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's ’s cabling, security system, furniture, fixturesfixtures and equipment; provided, cabling and telecom equipment ("however, that Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to ’s entry into the Premises during the Early Access Period shall be subject to and conditioned upon (i) Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, (ii) Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, (iii) Tenant having obtained any and all governmental approvals required for such access, and (iv) Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Such access and the installation of such cabling, security system, furniture, fixtures and equipment shall also be subject to all of the terms and conditions of this Lease, including, without limitation, the provisions of Sections 17, 20 and 22; provided, however, that so long as Tenant shall does not commence the operation of business from the Premises, Tenant will not be obligated to pay Base Monthly Basic Rent or Excess Rent during the Early Access Period,. In no event shall Tenant or Tenant's Share ’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Direct Expenses Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the nature of such interference, Landlord shall have the right to terminate Tenant’s access. Such access shall not advance the Termination Date. Other than with respect to the gross negligence of Landlord or Landlord’s contractors or agents (but in no event shall Landlord be liable for any loss of business, loss of profits or other consequential damages), Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during the Early Access Period. Landlord makes no representation or warranty about safety of the Premises during the Early Access Period until the Lease Commencement Date so long Period, as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access construction and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay other activities may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsongoing.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Early Access. So long as Landlord has received from Tenant Prior to the first month's Base Rent due pursuant to Article 3 belowSubstantial Completion of the Initial ------------ Improvements (or the Expansion Improvements, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Leaseif applicable), and so long as provided that the Tenant and its contractors and employees do Township or other governmental authority having jurisdiction does not materially interfere with prohibit the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvementssame, Landlord shall give Tenant's designated contractors reasonable provide Tenant with early access to the Premises approximately Initial Improvements (or the Expansion Improvements, if applicable), including, without limitation, access to and the use of loading docks, elevators, construction hoists, electrical service and the like, for the purposes of allowing separate contractors engaged by Tenant to install or construct therein (to the extent then completed) such items for which Landlord and Contractor are not responsible hereunder (together, "Tenant Work"); provided, however, that no Tenant Work may be performed without the prior written consent of Landlord, which consent may be conditioned on the submission of plans, specifications, acceptable arrangements for security and other safety precautions, and other details regarding the proposed Tenant Work, and other reasonable arrangements in connection with scheduling, but shall not be otherwise unreasonably withheld or delayed. Further, any and all Tenant Work shall be prosecuted and shall in all instances be subject to the conditions and covenants pertaining to New Work (as such term is defined in Section 17.1 hereof) which are set forth in Section 17.1 hereof. The terms, provisions and conditions of Section 2.5(b)(i) hereof and all other terms, provisions and conditions of this Lease pertaining to Tenant Extensions shall apply in connection with Tenant's exercise of its rights of early access under this Section 2.10 and any Tenant Work. In the event Tenant's prosecution of any Tenant Work unreasonably interferes with any work being performed by or on behalf of Landlord, Landlord (or Contractor, in the instance of the Initial Improvements) shall give written notice to Tenant of such interference as provided in Section 2.5(c) hereof. The rights of Tenant to early access pursuant to this Section 2.10 are hereinafter referred to as "Early Access." Landlord may, at any time, suspend Tenant's rights to Early Access hereunder, in the event that Landlord or Contractor reasonably determines that such Early Access or any Tenant Work is unreasonably interfering with the construction of Landlord's Improvements, is creating security or safety risks or is otherwise not in substantial conformance with the conditions on which the Early Access was granted in the first instance. As part of Tenant Work, Landlord acknowledges and agrees that Tenant, by separate contractors, shall be installing cables, wiring, and certain other equipment and facilities for Tenant's voice data fiber optics, security systems and other systems which are required to be, or are most efficiently, installed during the pendancy of construction of the Initial Improvements (or Expansion Improvements). Landlord shall coordinate with Tenant such installations by Tenant of the foregoing systems pursuant to a schedule that Contractor (or Landlord, in the instance of the Expansion Improvements) shall timely provide to Tenant. Such schedule will permit Tenant to reasonably complete such installations in as an efficient, timely manner in respect to the ongoing construction of the Landlord's Improvements as is reasonably possible without unreasonable interference to the Contractor (or Landlord, as aforesaid) or unreasonable interference from the Contractor (or Landlord, as aforesaid). In addition, as part of Tenant Work, Landlord acknowledges and agrees that Tenant, by separate contractors, shall be installing furniture, assembling work station partitions and performing associated work station partition electrical work, which Tenant shall be permitted to undertake, without interference from the Contractor (or Landlord, as aforesaid), not less than thirty (30) days prior to the Lease Commencement Delivery Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"or Expansion Delivery Date). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access Anything in this Section 2.10 to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, howevercontrary notwithstanding, Tenant shall not be obligated commence the conduct of any business from the Initial Improvements prior to pay Base Rent the Delivery Date, or Tenant's Share of Direct Expenses for from the Premises during the Early Access Period Expansion Improvements until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Expansion Delivery Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Real Estate Investment Trust Inc)

Early Access. So long as Subject to the terms and conditions of this Lease including, without limitation, Section 13, and provided Landlord has received from Tenant the first month's pre-paid Base Rent due pursuant to Article 3 required by Section 4.01 below, the Security DepositLetter of Credit and evidence of Tenant’s procurement of all insurance coverage required hereunder, certificates satisfactory Tenant, at Tenant’s sole risk, shall be permitted to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to enter the Premises approximately thirty from and after the date that is fourteen (3014) days prior to the Lease date that Landlord anticipates to be the Commencement Date (Date, solely for the "Early Access Period") only for purposes purpose of installing Tenant's furniture, fixturesfixtures and equipment. Further, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant provided it does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion Landlord’s performance of the Tenant Improvements, Tenant, at Tenant’s sole risk, shall be permitted to enter the Premises from and after the date that is one (1) day following mutual execution of the Lease, for the purpose of installing telecommunications wiring for Tenant’s operations. Should Landlord determine may withdraw such permission for Tenant to enter the Premises, if Landlord determines that such entry is causing a dangerous situation for Landlord, Tenant, Tenant’s vendors and contractors or other tenants in the Building or is delaying or interfering with the progress of any work within the Building. Tenant will have no obligation to pay Rent during such early access materially interferes with period, except for the cost of services requested by Tenant Improvements(e.g., at Landlord's optionafter hours HVAC service, after hours security, etc.), unless Tenant commences business operations in the Premises during such delay may early access period. If Tenant so commences business operations in the Premises, then the Commencement Date shall be deemed a "to have occurred on the date that Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until commences such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsbusiness operations.

Appears in 1 contract

Samples: Office Lease Agreement (Thimble Point Acquisition Corp.)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to shall be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable given access to the Premises approximately thirty (30) days prior to installation of the Lease Commencement Date (the "ceiling grid in order to allow Tenant to install telephone and other communications and media lines and systems, computer cabling, and related similar matters. The date of Early Access Period") only for purposes to the Premises and the time by which installation of installing Tenant's furnitureTenaxx'x Xork must be completed will be coordinated with the General Contractor. Tenant and General Contractor shall work together to ensure that Tenaxx'x Xork is completed in an efficient and timely manner and will not unreasonably impede, fixturesinterfere with or delay the progress of construction of the Tenant Improvements. Tenant shall perform such installation in accordance with all guidelines promulgated by General Contractor and shall execute and require its contractors and subcontractors to execute such releases, cabling indemnifications and telecom equipment ("Tenant's Work")other documents that General Contractor requires of its own subcontractors. Tenant's Work Any and all costs of installation of such items shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access Tenant shall also be given Early Access to the Premises during the Early Access Period shall be subject to all terms for purposes of storing its furniture and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion personal property in portions of the Premises until in which Tenant Improvements are substantially complete. General Contractor shall designate the Lease Commencement Date. Tenant agrees areas in which such storage can occur to provide Landlord with prior notice of any ensure that such intended early access and to cooperate with Landlord during the Early Access Period so as storage will not to materially interfere with Landlord in the completion construction of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvementshereby releases Landlord, at Landlord's optionGeneral Contractor and all of their agents, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter)employees, and/or Landlord may revoke licensees, invitees and subcontractors from all liability for loss or damage to Tenant's access personal property stored on the Premises prior to the Premises until such access may be given without materially interfering with Landlord in the completion Commencement Date. Tenaxx xxxees to maintain insurance on all said property and hereby assumes full risk of the Tenant Improvementsloss or damage to said personal property and herexx xxrees to defend, indemnify and hold Landlord, General Contractor, their agents, employees, licensees, invitees and subcontractors harmless from any claims, loss or liability related to said stored personal property.

Appears in 1 contract

Samples: Office Lease (Interlinq Software Corp)

Early Access. So long as Landlord has received from Subject to the terms herein and Tenant's compliance with all applicable Laws, Tenant shall have reasonable access to the first month's Base Rent due pursuant New Premises (“Early Access”) during completion of the Leasehold Improvements to Article 3 belowcoordinate installation of Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its furniture, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Leasefixtures, and equipment; provided in any such case Tenant’ s Early Access does not interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so long as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and employees do in writing, and shall comply with Landlord's instructions and directions so that Tenant’ s early entry does not materially interfere with the completion of or delay any work to be completed performed by Landlord under this LeaseLandlord. Any delay resulting from Early Access, including the without limitation due to a Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at vendor’ s work delaying Landlord's optionability to obtain its permits, such delay may shall be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Lease (Paratek Pharmaceuticals, Inc.)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory Following twenty-four (24) hours’ notice to Landlord evidencing the insurance required to and upon receipt of written approval by Landlord (which shall not be carried by Tenant under this Leaseunreasonably withheld or delayed), and so long as the Landlord shall permit Tenant and its contractors and employees do not materially interfere with the completion of any work agents to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to enter the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes the sole purpose of installing installing, at Tenant's ’s sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and telecom equipment upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four ("24) hours written notice to Tenant's Work". Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.2. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent or electricity costs (provided Tenant’s electricity usage during such Early Access Period is not excessive). Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant's Work , the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be performed borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at Tenant's its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant's access Except to the Premises extent arising from the gross negligence or willful misconduct of Landlord, Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the Early Access Period right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be subject to made in compliance with all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for Lease and the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access Rules and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsRegulations attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Anaptysbio, Inc)

Early Access. So long as Landlord has received from Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors have reasonable access to the Demised Premises approximately thirty (30“Early Access”) days prior to during the period from the date hereof until the Commencement Date of the Lease Commencement Date to install (the "Early Access Period"i) only for purposes of installing Tenant's telecommunications equipment, including without limitation, cabinets, electronic equipment, cabling, wiring, computers and telephone systems and (ii) improvements, furniture, fixtures, cabling equipment and telecom equipment other personal property; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or unreasonably delay completion of Landlord’s work ("Tenant's Work")as set forth in Section 33 of the Lease) in the Demised Premises, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access Early Access to the Demised ​ ​ ​ Premises during the Early Access Period shall be subject to all of the terms and conditions obligations of this the Lease; provided, howeverincluding the insurance and indemnity provisions, except that Tenant shall not be obligated required to pay Base Fixed Annual Rent, Fixed Monthly Rent or Additional Rent during Early Access. Tenant and its contractors shall coordinate all activities with Landlord in advance and shall comply with Landlord’s instructions and directions so that Tenant's Share of Direct Expenses for the Premises during the ’s Early Access Period until the Lease Commencement Date so long as Tenant does not operate its interfere with or delay any work to be performed by Landlord. It is understood and agreed, that Tenant shall have no right to commence business operations (it being agreed the above-described activities by Tenant do not constitute a commencement of business operations or occupancy of the Demised Premises) in or from within any portion of the Demised Premises until prior to the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Lease Agreement (Cogent Communications Holdings, Inc.)

Early Access. So long as Landlord has received from Tenant Provided the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this LeaseLESSEE is not in any material default hereunder after any notice and grace periods, and so long as the Tenant and its contractors and employees do LESSEE does not materially interfere with the completion rights of any work to be completed by Landlord under this Lease, including other tenants or the LESSOR’S Work or the Tenant Improvements, Landlord shall give Tenant's designated contractors the LESSEE will be allowed, upon reasonable notice to LESSOR, reasonable access to the Expansion Premises approximately thirty seven (307) days prior to the Lease Expansion Commencement Date to permit LESSEE to prepare the Expansion Premises for its use and occupancy (but not to conduct business therein), including without limitation installing wiring and cabling, furniture and equipment. During such access, LESSEE shall be bound by all of the "Early Access Period") only obligations of the LESSEE under the Lease Agreement, as amended, including any and all insurance requirements, but, provided that said access is solely for purposes the purpose of preparing the Expansion Premises for LESSEE’S use and occupancy, including without limitation installing Tenant's furniturewiring and cabling, fixturesfurniture and equipment, cabling excluding the payment of base rent and telecom equipment ("Tenant's LESSEE’S proportionate share of real estate taxes and operating costs during the above-mentioned early access period. Notwithstanding the above, except for LESSOR’S Work"), LESSEE accepts the Expansion Premises and the entire Leased Premises in its current “AS IS” condition and acknowledges that the Initial Premises are currently occupied by the LESSEE and that the Initial Premises, as delivered and currently constituted, is suitable for the LESSEE’S intended use. Tenant's Work shall LESSEE acknowledges that all work, if any, contemplated in the Lease Agreement including but not limited to the Exhibit B thereto, to be performed by Tenant at Tenant's sole cost and expense. Tenant's access the LESSOR has been completed to the Premises during full satisfaction of the Early Access Period LESSEE. The Parties acknowledge that the Initial Lease Agreement, First Amendment and this Second Amendment represent the entire agreement between the Parties and that no other modification, written or otherwise, exists between the Parties. The normal rule of construction that any ambiguities be resolved against the drafting party shall be subject not apply to all the interpretation of the Initial Lease Agreement, First Amendment or this Second Amendment or any exhibits or amendments thereto. All other terms and conditions provisions under the Lease Agreement shall remain unchanged, are in full force and effect, and are hereby ratified and affirmed. LESSOR and LESSEE hereby acknowledge and confirm that, to the best of their respective knowledge, neither the LESSOR nor the LESSEE is in default of any other term or condition of the Lease Agreement. In the event of a conflict between this Second Amendment and the Lease Agreement the terms of this Lease; provided, however, Tenant Second Amendment shall govern. All capitalized terms used but not be obligated defined herein shall have the same definitions ascribed to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until such terms in the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsAgreement.

Appears in 1 contract

Samples: Commercial Lease (Synta Pharmaceuticals Corp)

Early Access. So long as Landlord has received from Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors have reasonable access to the Premises approximately thirty (30“Early Access”) days during completion of the Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring and during the 2-week period immediately prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's Substantial Completion to install its furniture, fixtures, cabling and telecom equipment ("equipment; provided in any such case Tenant's Work")’s Early Access does not unreasonably interfere with, or unreasonably delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant's Work Tenant shall be performed by Tenant at Tenant's sole cost fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and expense. Tenant's access to alteration provisions of the Premises during the Early Access Period Lease shall be subject to all terms in full force and conditions of this Lease; provided, however, effect during Early Access. Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period Leasehold Improvements so as not to materially interfere delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in the completion of the advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvementsvendor’s work delaying Landlord’s ability to obtain its permits, at Landlord's option, such delay may shall be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.. ​ ​

Appears in 1 contract

Samples: Passage BIO, Inc.

Early Access. So long as Landlord has received from Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall have reasonable access to the first month's Base Rent due pursuant Substitution Premises (“Early Access”) during: (i) completion of the Substitution Premises Leasehold Improvements to Article 3 belowcoordinate installation of Tenant’s cabling and wiring; and (ii) the 2-week period prior to Substantial Completion to coordinate installation of Tenant’s Equipment; provided in any such case Tenant’s Early Access does not interfere with, or delay completion of the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this LeaseSubstitution Premises Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Substitution Premises Leasehold Improvements so long as not to delay completion of the Substitution Premises Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and employees do in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s early entry does not materially interfere with the completion of or delay any work to be completed performed by Landlord under this LeaseLandlord. Any delay resulting from Early Access, including the without limitation due to a Tenant Improvementsvendor’s work delaying Landlord’s ability to obtain its permits, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Lease (Marinus Pharmaceuticals Inc)

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Early Access. So long as Landlord has received from Tenant Provided the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do same does not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access as reasonably determined by Sublandlord, Subtenant may, up to the Premises approximately thirty twenty-eight (3028) days prior to the Lease Commencement Date (Date, enter the "Early Access Period") only Sublet Portion for purposes the sole and exclusive purpose of installing Tenant's its furniture, fixturesequipment and other personal property. Notwithstanding the foregoing, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period i) such entry shall be subject to all the terms and conditions of this Lease; providedSublease, however, Tenant provided that Subtenant shall not be obligated required to pay Base Rent Rent, Expenses or Tenant's Share of Direct Expenses the Subtenant TI Cost Reimbursement for any entry or possession during such period before the Commencement Date, except for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does cost of services requested by Subtenant (e.g. after hours HVAC service); (ii) Subtenant shall not operate conduct its business from within the Sublet Portion during the period of such entry, (iii) such entry shall be subject to such rules and regulations as Master Landlord and Sublandlord may reasonably promulgate and Subtenant shall ensure that any portion of the Premises until the Lease Commencement Date. Tenant agrees architect, engineer, designer, contractor and xxxxxxx employed by Subtenant observes such rules, and prior to provide Landlord with prior notice commencement of any work in the Sublet Portion, makes appropriate arrangements with Sublandlord, particularly with respect to: material and equipment storage; time and place of deliveries; hours of work and coordination of work; power, heating and washroom facilities; scheduling; security; and clean-up; and (iv) any such intended early access entry shall be at Subtenant’s risk and Sublandlord shall have no liability for any loss, damage or injury to cooperate with Landlord Subtenant’s personal property, equipment, employees or agents which may be on or about the Sublet Portion during the Early Access Period so as not period of such entry and, except for any injury to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access Subtenant’s employees or agents to the Premises until such access may be given without materially interfering extent caused the negligence or willful misconduct of Sublandlord, Subtenant hereby releases Sublandlord from any claim with Landlord in the completion of the Tenant Improvementsrespect thereto from whatever cause.

Appears in 1 contract

Samples: Sublease (Zuora Inc)

Early Access. So long From and after completion of Landlord’s Work as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Leasespecifically described on Exhibit D attached hereto, and so long as continuing up and until the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only ”), Landlord shall permit Tenant to enter into the Premises for purposes the sole purpose of installing completing Landlord- approved work to fixture the Premises for Tenant's furniture’s business operations, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work which shall be performed by Tenant at Tenant's ’s sole cost and expenseexpense and shall be subject to all applicable ordinances and building codes or other laws governing Tenant’s right to occupy or perform in the Premises prior to the Commencement Date. Tenant's Such entry into the Premises shall also be subject to the requirements that (1) prior to Tenant or any of the Tenant Parties obtaining access or entry to the Premises, Tenant must first satisfy the Access Conditions (as hereinafter defined), and (2) Tenant and any and all Tenant Parties shall not disturb the tenancies of any tenants near the Premises or unreasonably interfere with the business operations of such tenants. Tenant agrees that any such entry onto the Premises during the Early Access Period shall be subject deemed to be under all terms of the terms, covenants, conditions and conditions provisions of this Lease; provided, however, the Lease (except as to the covenant to pay Rent). Tenant further agrees that Landlord shall not be obligated liable in any way for any injury or death to pay Base Rent any person or persons, loss or damage to any of Tenant's Share of Direct Expenses for ’s property on the Premises during or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant’s sole risk and expense. Any such access or performance in the Premises prior to the Commencement Date shall also be subject to (A) Tenant first providing to Landlord the Certificates of Insurance required under this Lease and (B) Tenant’s payment to Landlord of any amounts (e.g., the Security Deposit required under this Lease) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) and (B) are collectively referred to herein as the “Access Conditions”). Tenant shall place all utilities into their name prior to the commencement of the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsPeriod.

Appears in 1 contract

Samples: NANOPHASE TECHNOLOGIES Corp

Early Access. So long as Following not less than twenty-four (24) hours notice to Landlord has received from and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the first monthPremises no less than seven (7) days prior to the Delivery Date for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, data and telecommunications wiring and equipment in the Premises. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Delivery Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant's Base Rent due pursuant to Article 3 belowactivities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried maintenance by Tenant under this Lease, and so long as the Tenant and its contractors and employees do subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease (other than the obligation to pay Basic Rent). Landlord shall not materially interfere be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the completion performance of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work during such early entry shall be performed borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at Tenant's its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant's access Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the Premises extent arising out of or in connection with any and all work performed by, for or on behalf of Tenant during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the Early Access Period right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord's building manager, and such entry shall be subject to made in compliance with all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for Lease and the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access Rules and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsRegulations attached hereto.

Appears in 1 contract

Samples: Office Building Lease (Signal Genetics, Inc.)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant shall be permitted to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to enter the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's cabling, security system, furniture, fixturesfixtures and equipment; provided, cabling and telecom equipment ("however, that Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to entry into the Premises during the Early Access Period shall be subject to and conditioned upon Tenant's coordination of such entry with Landlord and Landlord's general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures and equipment shall be subject to all of the terms and conditions of this Lease; provided, however, . Tenant shall will not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises rent during the Early Access Period until Period. In no event shall Tenant or Tenant's employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the Lease Commencement Date so long as nature of such interference, Landlord shall have the right to terminate Tenant's early access. Other than with respect to the gross negligence of Landlord or Landlord's agents, Tenant does not operate its business hereby releases and discharges Landlord and Landlord's employees, agents, consultants, contractors and manager from within and against any portion and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice during any period of any such intended early access access, as construction and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay other activities may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsongoing.

Appears in 1 contract

Samples: Zogenix Inc

Early Access. So long as Landlord has received from Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors have reasonable access to the Premises approximately thirty (“Early Access”) during completion of the Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring and during the 30) days -day period immediately prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's Substantial Completion to install its furniture, fixtures, cabling and telecom equipment ("equipment; provided in any such case Tenant's Work")’s Early Access does not unreasonably interfere with, or unreasonably delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant's Work Tenant shall be performed by Tenant at Tenant's sole cost fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and expense. Tenant's access to alteration provisions of the Premises during the Early Access Period Lease shall be subject to all terms in full force and conditions of this Lease; provided, however, effect during Early Access. Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period Leasehold Improvements so as not to materially interfere delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in the completion of the advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvementsvendor’s work delaying Landlord’s ability to obtain its permits, at Landlord's option, such delay may shall be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Lease (Pennsylvania Real Estate Investment Trust)

Early Access. So long as Prior to the date the Landlord has received from Tenant Work is Substantially Complete, Tenant’s access to the first month's Base Rent due pursuant to Article 3 belowPremises, for the Security Depositsole purpose of performing improvements or installing furniture, certificates satisfactory to Landlord evidencing the insurance required to equipment or other personal property, shall be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere permitted only with the completion prior written consent of any work to be completed by Landlord under Landlord. Except as set forth in this Leasesection, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable early access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all the terms and conditions of this Lease; provided, however. If such early access to the Premises is permitted by Landlord, Tenant shall not be obligated required to pay Base Rent or and Tenant's ’s Pro Rata Share of Direct Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Project services requested by Tenant. In connection with the foregoing, Landlord agrees that Tenant may enter the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion prior to Substantial Completion of the Premises until Landlord Work for the sole purpose of inspecting Landlord’s Work and installation of furniture, fixtures, equipment and all related network and telecommunications cabling (the “Early Entry”) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and further provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease Commencement Date(other than the payment of Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant agrees to shall provide Landlord with prior notice certificates of any such intended early access and insurance or other evidence acceptable to cooperate Landlord evidencing Tenant’s compliance with Landlord during its insurance obligations. In the event that Tenant’s Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially Entry interferes with the Tenant ImprovementsLandlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, at Landlord's optionLandlord may terminate Tenant’s right to Early Entry, and any delay in the Landlord Work attributable to such delay may Early Entry will be deemed a "Tenant Delay" (Delay as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsthis Lease.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Early Access. So long as Landlord has received from Tenant Notwithstanding the first month's Base Rent due pursuant to Article 3 belowforegoing, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere Sublandlord shall provide Subtenant with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable early access to the Premises approximately thirty (30) days prior to from and after the Lease Landlord Consent Date though the Commencement Date (the "Early Access Period") only ”). During the Early Access Period, Subtenant may use the Premises for purposes of establishing telecommunications connectivity, installing Tenant's furniture, fixturesfixtures and equipment, cabling and telecom equipment otherwise preparing the Premises for Subtenant’s use and occupancy. During the Early Access Period, Subtenant shall not unreasonably interfere with any work being performed within the Building by Sublandlord pursuant to the terms of this Sublease. All provisions of this Sublease shall apply during the Early Access Period, except that Tenant shall have no obligation to pay Base Rent or Direct Expense Share ("Tenant's Work")defined below) until the Commencement Date. Tenant's Work During the Early Access Period, Subtenant shall pay the costs for utilities to the Premises, which shall be performed paid by Tenant at Tenant's sole cost and expenseSubtenant directly to the respective utility providers. Tenant's access Notwithstanding anything to the contrary herein, if Subtenant commences business operations in the Premises during the Early Access Period (as opposed to using the Early Access Period to prepare the Premises for Subtenant’s use and occupancy), the Commencement Date shall be subject to occur and all of the terms and conditions of this Lease; provided, however, Tenant Sublease shall not be obligated apply including the obligation to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsall Rent.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Early Access. So long as Landlord has received from Tenant shall have the first month's Base Rent due pursuant right to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to enter the Premises approximately thirty (30) 15 days prior to the Lease Commencement Date (for the "Early Access Period") only for purposes purpose of installing Tenant's furniture’s computer and telephone cabling, fixtures, cabling furniture, and telecom equipment provided that ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall a) such entry will not be obligated to pay Base Rent delay or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in hamper the completion of the Tenant Improvements. Should , (b) Tenant and its vendors and contractors have obtained all governmentally required permits separate from any permits obtained by Landlord determine such early access materially interferes with the Tenant Improvementsas to work to be performed by Landlord, at Landlord's optionif any, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or c) Landlord may revoke or restrict Tenant's ’s or its contractors’ early access to the Premises until if such access may be given without materially interfering with Landlord in the interferes with, hampers, or prevents completion of the Tenant ImprovementsImprovements at the earliest possible date, (d) Tenant’s access to the Premises shall be subject to all of the terms and provisions of the Lease, except as to the payment of Rent, (e) any entry by Tenant in the Premises prior to the Commencement Date shall be at Tenant’s sole risk and subject to Tenant coordination with Landlord’s project or property manager, and (f) all work by Tenant’s contractors is subject to the administrative supervision of Landlord and its contractor. Landlord assumes no responsibility or liability for injury to persons or damage to property caused by the Tenant’s exercise of the rights and privileges granted in this paragraph, and Tenant shall indemnify, defends, and hold Landlord harmless from and against any loss, cost, damage, liability, or expense suffered or incurred by Landlord as a result thereof. Tenant shall adopt a schedule for its work in conformance with Landlord’s schedule for the Tenant Improvements and shall conduct its work in such a manner as to maintain harmonious labor relations. All delays to the Tenant Improvements caused by Tenant’s early access shall be deemed a Tenant Delay under this Lease.

Appears in 1 contract

Samples: Office Lease (Direct Insite Corp)

Early Access. So long From and after March 8, 2019, or such later time as Landlord determines that the Landlord Work has received from sufficiently progressed to the point where permitting Tenant to enter the first month's Base Rent due pursuant to Article 3 below, Premises will not adversely affect the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the timely completion of any work the remaining elements of the Landlord Work, in accordance with and subject to be completed by Landlord under this Lease, including the Tenant Improvementsterms and conditions of Section 5.1 of the Work Letter, Landlord shall give Tenant's designated contractors reasonable access permit Tenant to enter the Premises approximately thirty (30) days prior to for the Lease Commencement Date (the "Early Access Period") only for purposes limited purpose of installing Tenant's furnituretelecommunication, fixtureselectronic, phone and data cabling and telecom related equipment installed by or for the exclusive benefit of Tenant and located in the Premises or in the walls or above the finished ceiling of the Premises ("Tenant's Cabling Work"). Tenant's Work Any such early entry shall be performed by Tenant at Tenant's sole cost 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, notwithstanding that the Commencement Date may not yet have occurred, Tenant shall be bound by and shall comply with all provisions of this Lease, including, without limitation, the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises; provided, however, Tenant will not be obligated to pay Base Rent, Tenant's access Pro Rata Share of the Tax Excess, or Tenant's Pro Rata Share of the Expense Excess prior to the Commencement Date. Without limitation, all of such work performed by Tenant in the Premises during the Early Access Period shall be subject 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 interfere with the timely performance and completion of the Landlord Work. Such early access shall be on all the terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Lease Agreement (Trillium Therapeutics Inc.)

Early Access. So long as Landlord shall allow Tenant early access to the Premises approximately but no less than three (3) months prior to the Target Delivery Date subject to Force Majeure and Tenant Delays (“Early Access”), provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has received from Tenant deposited with Landlord both Installments of the first month's Base Rent due Security Deposit pursuant to Article 3 below, the Security Deposit, certificates satisfactory Section 1.07; and (iii) Tenant has delivered to Landlord certificates evidencing the all insurance required to be carried by Tenant under hereunder. Tenant shall also provide evidence to Landlord of similar insurance coverage for any and all of Tenant’s vendors and/or contractors. The purpose of Tenant’s Early Access is solely for the installation of Tenant’s equipment, including but not limited to, installation of racking, IT cabling and equipment, diesel generator, radio frequency network, wired guidance system, security system, wide area network connection and similar equipment; provided, however, the listing of such equipment in this Section shall not be deemed or construed as Landlord’s approval of the same, and such approval shall be subject to the provisions and conditions set forth elsewhere in this Lease, and so long as . During the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately last thirty (30) days prior of the Early Access period, Tenant may begin storing product in the Building, provided that such storage does not interfere with the timely Substantial Completion and is in compliance with any requirements of any governmental agency with jurisdiction over the Premises; provided, further, nothing contained herein shall be deemed or construed as allowing Tenant to use and occupy the Premises for the conduct of its business during the Early Access. Tenant’s Early Access to the Premises shall be subject to all of the provisions of this Lease Commencement Date (except for the "payment of monthly Rent. However, Early Access Period"of the Premises shall not advance the expiration date of this Lease. Landlord and Tenant shall use commercially reasonable efforts to coordinate with each other during the Early Access to minimize interference with the other’s activities. Notwithstanding anything to the contrary in this Lease, Tenant shall ensure that Tenant’s Early Access does not unreasonably interfere with the work of Landlord or its contractors and in the event of any interference which threatens to delay Substantial Completion of the Landlord Improvements to the Premises, Landlord shall notify Tenant of such interfering activities, and if such interference is not ceased within twenty-four (24) only for purposes hours of installing Tenant's furnituresuch notice, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work such interference shall be performed by deemed a “Tenant Delay.” Any materials of Tenant or Tenant’s agents, employees, contractors, licensees or invitees (collectively, “Tenant Parties” and individually, a “Tenant Party”) stored in the Premises during such Early Access period shall be at Tenant's ’s sole cost risk and expense. Tenant's access Landlord will have no obligation to secure the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, period. Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for access the Premises during the period of Early Access Period until at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any Early Access period. The Early Access period shall end upon the Lease occurrence of the Commencement Date so long as Date, at which time Tenant does shall have possession of the Premises for the Permitted Use subject to, and in accordance with, the provisions of this Lease, twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year during the Term of this Lease. Tenant may not operate its business from within any portion out of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice has obtained any applicable business licenses and a temporary or permanent certificate of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion occupancy permitting Tenant’s use of the Tenant Improvements. Should Premises for the Permitted Use; Landlord determine such early access materially interferes with the Tenant Improvementsshall, at no cost or expense to Landlord's option, use commercially reasonable efforts to assist Tenant in connection with Tenant’s efforts to obtain such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion certificate of the Tenant Improvementsoccupancy.

Appears in 1 contract

Samples: Lease Agreement (Lifetime Brands, Inc)

Early Access. So long as Landlord has received from Tenant Subject to Tenant’s delivery of an executed original of this Lease, the first month's prepaid Base Rent due pursuant to Article 3 belowand the Letter of Credit as required elsewhere in this Lease, the Security Deposit, certificates satisfactory to Landlord evidencing and the insurance certificates evidencing Tenant’s insurance policies required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable provide Tenant with early access to the Premises approximately thirty on the latest to occur of (30i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Lease Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the "Early Access Period") only for purposes of installing ”), and Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's ’s access to the Premises during the Early Access Period shall be subject to all of the terms and conditions of this Lease; provided, howeverexcept for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant shall may enter the Premises (but not be obligated to pay Base Rent any other portion of the Building or Tenant's Share of Direct Expenses the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Xxxxxx’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within without any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsliability.

Appears in 1 contract

Samples: Office Lease Agreement (Spruce Biosciences, Inc.)

Early Access. So long as Tenant shall have the right from time to time to come onto the Premises and Tenant’s Roof Deck Area for inspections and measurements and for up to 30 days immediately prior to the date of Substantial Completion of Landlord’s Premises Work to access the Premises and Tenant’s Roof Deck Area, upon prior notice to Landlord has received from Tenant at times reasonably designated by Landlord, for purposes of taking measurements, conducting due diligence and inspections thereof, installing wiring and cabling, installing workstations, building-out the first month's Base Rent due pursuant to Article 3 belowIT room, and accessing the IT closets in the Premises at the same time that Landlord performs Landlord’s Premises Work (collectively, the Security Deposit, certificates satisfactory “Early Access Work”). Landlord and Tenant shall use reasonable efforts to Landlord evidencing cooperate with each other so as to permit Tenant’s access and Landlord’s performance of work in the insurance required to be carried by Tenant under this Lease, Premises and so long as Tenant’s Roof Deck Area at the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give same time. If Tenant's designated contractors reasonable ’s access to the Premises approximately thirty or Tenant’s Roof Deck Area interferes with the performance by Landlord of Landlord’s Premises Work, Landlord shall, notwithstanding the foregoing, have the right to notify Tenant of such interference (30which notification may be oral) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work")Tenant shall immediately discontinue such interference. Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's Such access to the Premises during or Tenant’s Roof Deck Area by Tenant prior to the Early Access Period Commencement Date shall not be deemed to be use and occupancy by Tenant of the Premises nor Tenant having taken possession of the Premises for purposes of determining the Commencement Date but shall otherwise be subject to all of the terms and conditions of this the Lease; provided, however. Notwithstanding anything to the contrary contained herein, Tenant shall not be obligated entitled to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access a claimed Tenant Delay as and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as extent provided in the Tenant a Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Agreement (2U, Inc.)

Early Access. So long as At such point as, in Landlord’s reasonable judgment, Landlord’s Work and Txxxxx’s Work have proceeded to such point where Tenant may install its cabling, furniture, fixtures and equipment in the Premises without interfering with the performance of Landlord’s Work or Tenant’s Work (and provided Landlord has shall have received from Tenant the first month's Base Rent due a copy of each of Tenant’s insurance policies or certificates of insurance therefor pursuant to Article 3 belowSubsection 4.4 hereof), the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by shall so notify Tenant under this Lease, and so long as the from and after such date of notification Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable have access to the Premises approximately thirty (30) days prior to for the Lease Commencement Date (the "Early Access Period") only for purposes of installing the same in preparation for Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to ’s occupancy of the Premises during the Early Access Period shall be subject to all terms and conditions of this LeasePremises; provided, however, that Landlord shall use reasonable efforts to provide Tenant and its contractors with such access at least sixty (60) days’ prior to the date on which Landlord reasonably expects to achieve Substantial Completion of Lxxxxxxx’s Work and Txxxxx’s Work. In connection with such access, Txxxxx agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of Landlord’s Work or Tenant’s Work, and (ii) to comply and cause its contractors to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Lxxxxxxx and work being performed by Txxxxx, each with the other and with any other activity or work in the Building including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of this Lease as if the term had commenced, except that (i) there shall be no obligation on the part of Tenant solely because of such access to pay any Annual Fixed Rent or Additional Rent for Taxes or Operating Costs for any period prior to the Rent Commencement Date, and (ii) Tenant shall not be obligated deemed thereby to pay Base Rent have taken or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion accepted possession of the Premises until the Lease Commencement Dateor any portion thereof. If Tenant agrees fails or refuses to provide Landlord comply or cause its contractors to comply with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the obligations described or referred to above, then Landlord shall give written notice thereof to Tenant, and Tenant Improvements. Should Landlord determine shall use diligent efforts to comply and cause its contractors to comply, and if such early access materially interferes with the Tenant Improvementsnon-compliance is not cured within two (2) Business Days after Landlord’s written notice to Tenant, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's ’s rights of access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant ImprovementsCommencement Date.

Appears in 1 contract

Samples: Ultragenyx Pharmaceutical Inc.

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, Seller and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord Purchaser shall give Tenant's designated contractors reasonable cooperate in providing early access to the Premises approximately thirty for the period from and after the date of full execution of this Agreement (30the “Signing Date”) days and prior to the Lease Commencement Date (Effective Date, to permit Purchaser to familiarize itself with, and prepare for full occupancy of, those portions of the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling Premises vacated by Seller and telecom equipment ("Tenant's Work")accepted by Purchaser in accordance with a phased occupancy plan approved by Seller and Purchaser and attached hereto as Schedule 1.5. Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to Purchaser’s activities on the Premises during the Early Access Period such early access period shall be subject to all terms and conditions in full compliance with applicable provisions of this the Lease. Purchaser shall have no obligation for rent, property taxes or other Premises operating expenses; provided, however, Tenant Purchaser shall be responsible for (i) all of its costs of clean rooms cleaning, and (ii) costs for the treatment and removal of its biohazard, hazardous materials and waste products and environmental materials, the handling, treatment, disposal and/or storage of which is regulated under applicable law, all such activities to be in accordance with such laws during such early occupancy. Seller shall have no obligation to provide services to Purchaser as to such materials. Purchaser’s activities on the Premises prior to the Effective Date shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for interfere with Seller’s activities on the Premises during such period. Seller shall maintain and Purchaser shall obtain appropriate liability and casualty insurance policies during the Early Access Period until period of such early occupancy, which each of such insurance policies shall name the Lease Commencement Date so long other party as Tenant does not operate an additional insured thereunder to the extent of their respective interests. Purchaser shall also maintain workers compensation insurance in statutorily required amounts with respect to its business from within employees occupying any portion of the Premises prior to the Effective Date. Each party shall receive appropriate certificates of such insurance prior to the commencement of Purchaser’s early occupancy. From and after the Signing Date until the Effective Date, Purchaser shall have the right to contact and initiate meetings with Landlord directly regarding the Lease Commencement Date. Tenant agrees to provide Landlord with prior and the Premises; provided, however, Seller shall be provided contemporary notice of any such intended early access contact and Seller shall have the right to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord participate in the completion of the Tenant Improvements. Should Landlord determine all such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementscontacts and meetings.

Appears in 1 contract

Samples: Lease Assignment and Asset Purchase Agreement (Tanox Inc)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to shall be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable given access to the Additional Leased Premises approximately thirty (30) days prior to the Lease estimated Additional Leased Premises Term Commencement Date (the "Early Access Period") only in order for purposes of installing Tenant to install Tenant's ’s furniture, trade fixtures, cabling and telecom equipment ("Tenant's Work")equipment. Tenant's Work shall be performed by From the date Tenant at Tenant's sole cost and expense. Tenant's is given early access to the Additional Leased Premises during as set forth above through the Early Access Period actual Additional Leased Premises Term Commencement Date, Tenant shall be subject to all terms and conditions of this the covenants in the Lease, except that Tenant’s obligation to pay Base Rent for the Additional Leased Premises shall commence in accordance with Paragraph 5 of the Second Amendment; provided, however, (i) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (ii) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall not be obligated to pay Base Rent disrupt or Tenant's Share of Direct Expenses for delay the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion performance of the Premises until Additional Tenant Improvements, and (iii) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall in no event give directions to (or otherwise interfere with) any parties performing the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Additional Tenant Improvements. Should Tenant shall indemnify and hold the Landlord determine such free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke of Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.. EXHIBIT F-1

Appears in 1 contract

Samples: Office Building Lease (Zeltiq Aesthetics Inc)

Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 belowFollowing full execution of this Sublease, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere Sublandlord shall provide Subtenant with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable early access to the Subleased Premises approximately thirty (30) days prior to the Lease Commencement Date commencing on October 16, 2017 (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"Date”). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period Such early occupancy shall be subject to all of the terms and conditions of this LeaseSublease, except for Subtenant’s obligation to pay Sublease Base Rent, which obligation shall commence upon the Sublease Commencement Date. Such period of early occupancy, if any, shall commence on the Access Date and continue through the date immediately preceding the Sublease Commencement Date (the “Early Occupancy Period”). During the Early Occupancy Period, Subtenant may enter the Subleased Premises for the purpose of general business setup, including installation of fixtures, furniture, equipment, telephones, data lines and other telecommunications equipment, and for 10 – 15 of Tenant’s general, finance and administration employees to use the Subleased premises during the Early Occupancy Period for office purposes; provided, however, Tenant that (a) Subtenant shall be solely responsible for all fixtures, furniture, equipment, telephones and other items installed by Subtenant and for any loss or damage thereto from any cause whatsoever and (b) Subtenant shall not be obligated begin any construction or demolition in the Subleased Premises without the prior written approval of Sublandlord and Master Landlord. Subject to pay Base Rent or Tenant's Share Section 10.2 below, the provisions of Direct Expenses for Sections 9 and 23 of the Master Lease shall apply in full during the Early Occupancy Period, and Subtenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Subtenant and its agents and contractors, reasonably satisfactory to Sublandlord, prior to and as a condition of such early entry, and (y) comply with all Laws applicable to Subtenant’s activities in the Subleased Premises during the Early Access Period until Occupancy Period. Subtenant acknowledges and agrees that Sublandlord may be completing the Lease Commencement Date so long as Tenant does not operate process of moving its business from within any portion personnel and personal property out of the Subleased Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Occupancy Period. Sublandlord and Subtenant shall cooperate with one another to coordinate use of the Subleased Premises during the Early Occupancy Period so as not to materially interfere with Landlord in the facilitate efficient completion of the Tenant Improvements. Should Landlord determine such early access materially interferes Subtenant’s move-out with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's Subtenant’s access to the Subleased Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvementsas provided above.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Early Access. So long as Landlord has received from Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors have reasonable access to the Premises approximately thirty or any portion thereof (30“Early Access”): (i) during completion of the Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring; and (ii) no less than fourteen (14) days prior to Substantial Completion to coordinate installation of Tenant’s furniture, fixtures and equipment to the extent such installation is allowed by the City of Austin prior to issuance of a certificate of occupancy; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost in full force and expenseeffect during Early Access. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their applicable permits and perform their work in conjunction with the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period Leasehold Improvements so as not to materially interfere delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in the completion of the advance and in writing, and shall comply with Landlord’s reasonable instructions and directions so that Tenant’s early entry does not unreasonably interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvementsvendor’s work delaying Landlord’s ability to obtain its permits, at Landlord's option, such delay may shall be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.

Appears in 1 contract

Samples: Lease (Sailpoint Technologies Holdings, Inc.)

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