Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Early Access. Landlord Depending on the progress of the construction of the Tenant Improvements, Tenant shall allow be given access to the Leased Premises up to two (2) weeks prior to the Term Commencement Date in order for Tenant to install Tenant’s furniture, trade fixtures, equipment, telephone networks and computer networks, and to perform general set-up for Tenant’s business operations. From the date Tenant is given early access to the Leased Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of as set forth above through the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Term Commencement Date. The purpose of Tenant’s early access is only for , Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions covenants in the Lease, except that Tenant’s obligation to pay Rent shall commence in accordance with the Basic Lease Information sheet of this the Lease; provided, however, (i) Tenant shall not enter the Leased Premises unless they are accompanied by a person designated by Landlord, if required by Landlord, and Tenant shall provide to Landlord at least 24 hours prior written notice prior to such entry, (ii) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (iii) Tenant (and Xxxxxx’s contractors, vendors, agents, and employees) shall not disrupt or delay the construction of the Tenant Improvements, and (iv) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall in no event give directions to (or otherwise interfere with) the Contractor or others performing the Tenant Improvements. HoweverTenant shall indemnify and hold the Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access of the Premises shall not advance the expiration date Tenant. EXHIBIT B-I TENANT’S PLANS EXHIBIT C CONFIRMATION OF TERM OF LEASE This Confirmation of this LeaseTerm of Lease is made by and between MACH II 180 LLC, a Delaware limited liability company, as Landlord, and MARQETA, INC. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Delaware corporation as Tenant, who agree as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.follows:
Appears in 2 contracts
Samples: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)
Early Access. Landlord shall Sublessor will allow Tenant early Sublessee access to the Premises approximately forty five Remainder Space (45except for Suite 150) days prior from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to LI Substantial CompletionSuite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that all Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord first day Sublessee accesses the first month’s Base Rent pursuant to Section 3.01 and Remainder Space. Utility costs for the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period Remainder Space during the Early Access Period will be deemed to begin on pro-rated between Sublessee and Sublessor based upon the date that Landlord delivers written notice approximate rentable area of the commencement Remainder Space each party has the right to use in relation to the total rentable area of the early access periodRemainder Space, subject as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the conditions for early access above. Tenant’s Remainder Space (but failure to meet any provide proof of the conditions for early access shall insurance will not extend or delay the Commencement Date. The purpose of Tenantaffect Sublessee’s early access is only for Tenant obligation to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premisespay utility costs). Notwithstanding anything to the contrary in this Leaseforegoing, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event that Sublessor has not tendered delivery of any interferencethe Remainder Space to Sublessee on or before November 1, Landlord shall have 2018 (the right to immediately terminate Tenant’s early access rights and time lost due to such interference “Outside Date”), which date shall be considered extended on a Tenant Delay. Any materials day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of Tenant insurance) or its contractorsForce Majeure events, agents or vendors stored in then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Premises during such early access period Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Date. Tenant shall access the Premises during the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.
Appears in 2 contracts
Samples: Gossamer Bio, Inc., Gossamer Bio, Inc.
Early Access. Landlord Subject to the terms herein and Tenant’s compliance with all applicable Laws, Tenant shall allow Tenant early have reasonable access to the Premises approximately forty five (45“Early Access”) days prior to LI Substantial Completion, provided that all during completion of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid Leasehold Improvements to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all coordinate installation of Tenant’s vendors and/or contractors. cabling and wiring and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice Early Access does not unreasonably interfere with, or unreasonably delay completion of the commencement Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of Tenant’s business at the PremisesLease shall be in full force and effect during Early Access. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in order conjunction with the Leasehold Improvements so as not to ensure 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 in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s early occupancy entry does not interfere with the or delay any work of Landlord or its contractors and in the event of any interferenceto be performed by Landlord. Any delay resulting from Early Access, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost including without limitation due to such interference a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall be considered deemed a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.
Appears in 2 contracts
Samples: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.)
Early Access. Landlord shall Sublandlord agrees to cooperate with Subtenant to allow Tenant early Subtenant access to the Initial Premises approximately forty five from the day following the Consent Date to the Delivery Date and deliver exclusive possession of the Initial Premises, including the Data Room (45) days prior to LI Substantial Completionbut excluding the Lab Space), on the Delivery Date, for design and construction purposes and for the purposes of the installation of furniture, fixtures and equipment and preparing the Initial Premises for occupancy (the “Early Access Activities”), provided that all Subtenant has first given Sublandlord at least one (1) business day’s prior notice of any such access (for access prior to the Delivery Date only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access (a) shall be solely for the Early Access Activities and not for the purposes of occupancy or possession of the following Initial Premises, or of conducting business therein, and (b) shall be subject to and upon all the terms and conditions of this Sublease (including without limitation Section 11 hereof), except that Subtenant shall have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid no obligation to Landlord the first month’s pay Base Rent pursuant or Additional Rent for the period prior to Section 3.01 and the Security Deposit pursuant to Section 3.02Initial Premises Commencement Date; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenantprovided, however, that if Subtenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice pursuit of the commencement Early Access Activities causes an increase of more than ten percent (10%) in the early access periodcost of utilities (including without limitation water, subject electricity, heat or air conditioning) allocable to the conditions Initial Premises on a square-foot basis (as compared to the average cost for early access abovesuch utilities over the prior three (3) months), Subtenant shall reimburse Sublandlord for such increase in the cost of utilities within thirty (30) days following Sublandlord’s presentation of an invoice therefor (including reasonable supporting documentation), which invoice shall be presented to Subtenant within fifteen (15) days following each month of such Early Access Activities. TenantThe Early Access Activities shall be performed between the hours of 6:00 a.m. and 5:00 p.m. on business days, and shall be coordinated with Sublandlord. Subtenant’s failure to meet any of the conditions for early access shall not extend affect or delay alter the Initial Premises Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to , the Expansion Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access , the Premises during Expiration Date, or the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Term.
Appears in 2 contracts
Samples: Sublease (Sutro Biopharma, Inc.), Sublease (Five Prime Therapeutics, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall allow provide Tenant with early access to the Premises approximately forty five on the latest to occur of (45i) 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 LI Substantial Completion, provided that all Landlord’s then-estimated date of delivery of the following have occurred: Premises (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord in any case, the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all “Access Date”). Such period of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay commence on the Access Date and continue through the date immediately preceding the Commencement Date. The purpose of Date (the “Early Access Period”), and Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to during the Premises Early Access Period shall be subject to all of the provisions terms and conditions of this Lease, except 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). HoweverNotwithstanding 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 may enter the Premises (but not any other portion of the Building or 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 shall not advance to Tenant in the expiration date of 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 notify Landlord promptly upon commencing commercial operation (x) provide certificates of Tenant’s business at 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. Notwithstanding anything to the contrary in this Lease, If Landlord and Tenant shall reasonably cooperate in order to ensure determines that Tenant’s early occupancy does not interfere access is interfering in any material way with Landlord’s ability to deliver possession of the work of Landlord or its contractors and Premises in the event of any interferencecondition required under this Lease and/or to complete the Work, then Landlord shall have the right to immediately terminate limit or otherwise restrict Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for Early Access Period without 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04liability.
Appears in 2 contracts
Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Early Access. Landlord shall allow 5.3.1 If Tenant early elects to use Landlord’s Contractor to construct the Tenant Improvements, Tenant and its authorized agents, employees and contractors shall, at all reasonable times during the thirty (30) day period prior to the Turnover Date for each floor as set forth in Article 5.1.2, have the right, at Tenant’s and Tenant’s agents’, employees’ and contractors’ own risk, expense and responsibility, to have access to such floor or space solely for the Premises approximately forty five (45) days prior purpose of preparing such floor for Tenant’s Open for Business Date, subject to LI Substantial Completionall applicable laws, ordinances, regulations, covenants and restrictions from any governmental authorities, and provided that all of in so doing Tenant shall not unreasonably interfere with or delay the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Base Building Work or Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required Improvements to be carried performed by Tenant hereunder and similar insurance coverage for Landlord’s Contractor within such phase or floor or within any and all of Tenant’s vendors and/or contractorsother floors within the Building. In connection with Tenant’s early access period will be deemed rights, Landlord covenants and agrees to begin on provide Tenant and its authorized agents, employees and contractors with access (i) within the date that Landlord delivers written notice Building through such Building Commons Areas, including, without limitation, hallways, loading docks and elevators within the Building as are reasonably necessary to gain access to and from any floor delivered to Tenant pursuant to this Article 5 and (ii) to and from the Building over and across the Project Common Areas to any and all public rights of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only way sufficient for Tenant to install racking and other improvements and construct the Demised Premises, such access rights being granted for no other purpose. Tenant’s early access the purposes of allowing Tenant to the Premises shall be subject to all (A) complete construction of the provisions of this Lease. HoweverTenant Improvements, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything if applicable, (B) prepare to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or begin its contractors and beneficial interest in the event of any interferenceDemised Premises, Landlord shall have the right i.e., to immediately terminate Tenant’s early access rights open for business, and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a (C) obtain necessary temporary or permanent Certificate certificates of Occupancy permitting occupancy. Subject to the waivers of subrogation set forth in Article 17, if, upon Tenant’s use of the Premises any such Building Common Areas or Project Common Areas, such Building Common Areas or Project Common Areas are damaged in any way by Tenant or its authorized agents, employees or contractors, Tenant shall be responsible for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04and diligently repair any such damage as soon as practical.
Appears in 2 contracts
Samples: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)
Early Access. In addition, Landlord hereby agrees that, notwithstanding the provisions of Section 1.2.2 of the Lease, regardless of whether the Tenant Improvements are substantially complete or a certificate of occupancy (or its equivalent) shall have been issued by the appropriate governmental authorities for the Premises at such time, Landlord shall allow permit Tenant early and its agents to enter the Premises commencing on June 11, 2020, or such later date prior to the Commencement Date in Tenant's sole discretion (such entry, the "Early Access"), for the sole purpose of installing, at Tenant's sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and to store other personal assets of Tenant. In particular, Early Access shall include, and Tenant shall be given access to, Storage Rxxx 000, Xxxxxx 000 and Server Room 413 within the Premises. Landlord shall also give Tenant access to the Premises approximately forty five (45) days prior mail room within the Building upon the Early Access. The Early Access shall not change the Commencement Date and shall not be deemed early occupancy during the Beneficial Occupancy Period under Section 1.2.2 of the lease and Tenant’s rights to LI Substantial Completionthe Beneficial Occupancy Period under Section 1.2.2 of the Lease, if any, shall continue to apply in addition to the Early Access provided that under this Section 2 . Upon the Early Access, all of the following have occurred: (i) this terms and conditions of the Lease is fully executed and delivered by Landlord and shall apply except that Tenant; (ii) Tenant has paid 's obligation to pay monthly Base Rent, Expenses, Taxes or other fees or expenses to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried other than amounts for above standard services requested by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice under Section 5.2 of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access Lease) shall not extend or delay apply until the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to shall coordinate the Premises Early Access with Landlord's building manager and, except as expressly set forth in this Amendment, such entry shall be subject to made in compliance with all terms and conditions of the provisions of this LeaseLease and the Rules and Regulations attached thereto. However, early Landlord shall deliver to Tenant the necessary Building (including mailroom box) and Premises entry keys or similar access devices or codes to enable the Early Access and access and use of the Premises shall not advance the expiration date of this LeaseBuilding mailroom. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything The foregoing license to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure enter the Premises prior to the Commencement DateDate is conditioned upon Tenant's contractors and their subcontractors and employees working in harmony and not interfering with the work being performed in the Building and in the Premises. Tenant shall access be liable for any damages caused by Tenant's activities at the Premises during Premises. Such license is further conditioned upon the period 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 early access at Tenant’s sole riskworkers' 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. Landlord shall not be liable in any way for any destructioninjury, theftloss or damage which may occur by reason of the Early Access, vandalism the same being solely at Tenant's risk. All costs and expenses in connection with 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 period of early access. Tenant may not operate arising out of the Premises until Landlord or performance of any work by Tenant pursuant to the Early Access shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as applicablethey become due. Tenant shall, has obtained a temporary at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Except to the extent arising from the gross negligence or permanent Certificate willful misconduct of Occupancy permitting Tenant’s use 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 the Premises or in connection with any and all work during such Early Access (including, but not limited to, claims for the Permitted Uses. The early access period shall end upon the occurrence breach of the Commencement Date defined in Section 1.04.warranty, personal injury or property
Appears in 1 contract
Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Provided Tenant has paid to Landlord the first month’s Base Rent pursuant to provided in Section 3.01 2(b), the Tenant Reimbursement Amount provided in Section 2(c) and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord any certificates evidencing all of insurance required by this Lease, Landlord grants to be carried by Tenant hereunder and similar insurance coverage for any and all contractors of Tenant a conditional license to enter the Premises on October 15, 2019 (the “Early Access Date”) to perform Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises Work (as defined herein) which shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date performed in accordance with Sections 10 and 11 of this Lease. Tenant shall notify give to Landlord promptly upon commencing commercial operation not less than five (5) days’ prior written notice of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (i) a description and schedule for Tenant’s Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts pertaining to the performance of Tenant’s business Work for which such early access is being requested; (iv) copies of all plans and specifications pertaining to Tenant’s Work for which such access is being requested; (v) copies of all licenses and permits required in connection with the performance of any of Tenant’s Work for which such access is being requested; (vi) certificates of insurance (in amounts and with insured parties satisfactory to Landlord). All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld. Such early access shall be subject to scheduling by Landlord. Tenant and Tenant’s contractors shall work in harmony and not interfere with Landlord and Landlord’s contractors in performing any tenant improvement work which Landlord is performing in the Premises or in other premises within the Building, the Property or in the Common Areas, or with the general operation of the Property. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon twenty-four (24) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises. Notwithstanding anything Premises by Tenant or its contractors shall be deemed to be under all of the contrary in terms, covenants, conditions and provisions of this Lease, Landlord excluding only the covenant to pay Rent and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with specifically including the work provisions of Landlord or its contractors Sections 12 and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk13 thereof. Landlord shall not be liable for any destructioninjury, theft, vandalism loss or damage which may occur to any of Tenant’s Work or to property of Tenant placed in the Premises 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 period of early access. Tenant may not operate out portion of the Premises until prior to the Commencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises, to any tenant improvement work in the Premises, or the Property which is caused by Tenant or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04contractors.
Appears in 1 contract
Samples: Lease Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Early Access. Landlord shall allow Tenant early access Subject to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. HoweverSection 3.3, early access of Tenant shall have the right to enter the Premises from and after the Effective Date solely for purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and special equipments (but not to operate Tenant’s business), and such early entry for such purposes shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial constitute occupancy for operation of Tenant’s business at and shall not trigger the PremisesLease Commencement Date. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of agrees (a) any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period entry by Tenant shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. risk, (b) Tenant shall access not unreasonably interfere with Landlord or other tenants in the Premises Building or the Building Park, (c) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early access at entry except for the payment of Base Rent and Tenant’s sole risk. Landlord shall not be liable for any destructionPro Rata Share of Operating Expenses, theft, vandalism or any other damage (d) prior to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored entry upon the Premises by Tenant and subject to Section 13.4, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (e) Tenant and its agents and contractors agree to comply with all Laws (as defined below) required to perform its work during the early entry on the Premises, and (f) Tenant agrees to indemnify, protect, defend (with counsel selected by Landlord) and save the Indemnitees (as defined below) and the Premises harmless from and against any period and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of early access. Tenant may not operate action and claims (including, without limitation, attorneys’ fees and legal costs) (collectively, “Claims”) arising out of the Premises until Landlord early entry, use, construction, or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use occupancy of the Premises for by Tenant or its agents, employees or contractors, except to the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04extent such Claims arise out Landlord’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Lease Agreement (Smart Move, Inc.)
Early Access. So long as Landlord shall allow has received from Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Monthly Base Rent due pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered 5.1 of this Lease, certificates satisfactory to Landlord certificates evidencing all the insurance required to be carried by Tenant hereunder under this Lease, and, as applicable, the Security Deposit, and similar insurance coverage for any so long as the Tenant and all its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall use reasonable efforts to give Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early designated contractors access to the Premises prior to the estimated Commencement Date (the “Early Access Period”) for purposes of constructing Tenant’s Initial Alterations in accordance with Exhibit H and for installing Tenant’s furniture, fixtures, and equipment (collectively, “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 of the provisions terms and conditions of this Lease. However, early access of the Premises except that Tenant shall not advance be obligated to pay Rent during the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to Early Access Period until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any request for such early access and any grant of early access shall access the Premises be subject to Landlord’s prior written approval. Tenant shall cooperate with Landlord during the period of any such early access at Tenantso as not to interfere with Landlord in the completion of any Landlord’s sole riskwork in the Premises pursuant to the Work Letter attached hereto as Exhibit C (the “Landlord’s Work”). Should Landlord shall not be liable for any destructiondetermine such early access interferes with Landlord’s Work, theft, vandalism or any other damage Landlord may deny Tenant access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate Landlord’s Work is substantially completed. Tenant shall promptly surrender any keys of Occupancy permitting Tenant’s use other means of access to the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04and otherwise comply with such denial.
Appears in 1 contract
Samples: Work Letter Agreement (Gigamon LLC)
Early Access. Landlord shall allow permit Tenant early access and its agents to enter (a) the Office Premises approximately four (4) weeks prior to the Early Occupancy Date and (b) the Laboratory Premises approximately forty five four (454) days weeks prior to LI Substantial Completionthe Commencement Date (each such period, provided that all the “Early Access Period”), for the sole purpose of installing, at Tenant’s sole cost and expense (except as expressly set forth in the Work Letter Agreement), its furniture, fixtures, equipment and cabling in such portion of the following have occurred: (i) this Lease is fully executed Premises and delivered as otherwise reasonably necessary to perform any facility validations required by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage Governmental Authorities for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access periodPermitted Use, subject to the conditions for early access above. but in no event shall Tenant’s failure to meet any of complete such installations or validations during the conditions for early access shall not Early Access Period extend or delay the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times reasonably satisfactory to Landlord’s representative. The purpose of foregoing licenses to enter the Office Premises prior to the Early Occupancy Date and the Laboratory Premises prior to the Commencement Date are, however, conditioned upon Tenant’s early access is only agents, contractors and their subcontractors and employees reasonably cooperating and not unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably 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 Tenant to install racking and other improvements and for no other purpose. any damages caused by Tenant’s early access activities at the Premises except to the Premises extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. 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 subject deemed to be under all of the provisions of this LeaseLease except as expressly set forth in this Section 41.3. HoweverDuring each Early Access Period, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at pay Basic Rent, Operating Expenses, Real Property Taxes or costs for electricity, gas or HVAC (provided that Tenant’s sole riskusage thereof during such Early Access Period is not excessive). Landlord shall not be liable in any way for any destructioninjury, theftloss or damage which may occur to any such work being performed by Tenant, vandalism the same being solely at Tenant’s risk, except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. 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 performed by or (excepting the Tenant Improvements or any other damage to any personal property placed, kept or stored work performed by or Landlord) on behalf of Tenant or permitted Tenant’s contractors during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage), except to be placedthe extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, kept in Landlord’s sole and absolute discretion, to settle, compromise, or stored 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 period of early accessentry. Tenant may not operate out shall coordinate such entry with Landlord’s building manager, and such entry shall, except as expressly set forth in this Section 41.3, be made in compliance with all terms and conditions of this Lease and the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Rules and Regulations attached hereto.
Appears in 1 contract
Early Access. Landlord shall allow Tenant early access to Commencing on the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) date this Lease is has been fully executed and delivered by the parties hereto until the date immediately prior to the Commencement Date (the “Early Access Period”), and so long as (i) Landlord and Tenant; (ii) Tenant has paid to Landlord received the first month’s (1st) monthly installment of Base Rent pursuant to Section 3.01 1.2 above, and the Security Deposit (to be maintained pursuant to Section 3.02; the terms of Article 7 below), and (iiiii) Tenant Landlord has delivered to Landlord received insurance certificates evidencing all that Tenant is carrying the insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject pursuant to the conditions for early access above. Tenantterms of [FINAL EXECUTION COPY] -5- 0000 XXXXXXX XXXXXX SMRH:4888-9988-7969.11 Xxxx’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Fashion Lounge, LLC 062923 54RL-374105 DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 Article 9 below, Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the purpose of obtaining measurements and for the purpose of ordering necessary furniture, fixtures and equipment for Tenant’s Permitted UsesUse; provided, however, that during such Early Access Period, all of the terms and conditions of this Lease shall apply, including, without limitation, Tenant’s obligation to pay to Landlord all sums and charges required to be paid by Tenant under this Lease. The early access period Further, no work shall end upon be performed during the Early Access Period by Tenant or its contractors within the Premises without first obtaining Landlord's prior written approval including approval of plans for any cabling, wiring or other work which may affect systems or structure or be visible from outside the Premises and shall be performed in strict accordance with the terms of Article 11 of this Lease, and all contractors shall comply with the Building's construction rules and regulations. Subject to the foregoing, during such Early Access Period, Tenant shall not be obligated to pay Base Rent or Operating Expenses, Shared Expenses or Taxes for the Premises so accessed by Tenant until the occurrence of the Commencement Date defined in Section 1.04Date.
Appears in 1 contract
Samples: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)
Early Access. Landlord Subject to the terms herein and Tenant’s compliance with all applicable Laws, without additional charge to Tenant, Tenant shall allow Tenant early have reasonable access to the Leased Premises approximately forty five (45“Early Access”) days during completion of Landlord’s Work to coordinate installation of Tenant’s cabling and wiring and during the 30 day period immediately prior to LI Substantial CompletionCompletion to install its furniture, fixtures, and equipment; provided that in any such case Tenant’s Early Access does not interfere with, or delay completion of Landlord’s Work, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant’s Early Access is subject to Landlord’s construction schedule and all Early Access shall be as directed by Landlord or Landlord’s contractors. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the following have occurred: (i) this Lease is fully executed shall be in full force and delivered by Landlord effect during Early Access. Tenant shall ensure that its phone/data, security, and Tenant; (ii) Tenant has paid other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with Landlord’s Work so as not to Landlord the first monthdelay completion of Landlord’s Base Rent pursuant to Section 3.01 Work and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Leaseinspections therefor. Tenant and its contractors shall notify coordinate all activities with Landlord promptly upon commencing commercial operation of Tenantin advance and in writing, and shall comply with Landlord’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord instructions and Tenant shall reasonably cooperate in order to ensure directions so that Tenant’s early occupancy entry does not interfere with the or delay any work of Landlord or its contractors and in the event of any interferenceto be performed by Landlord. Any delay resulting from Early Access, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost including without limitation due to such interference a Tenant vendor’s work delaying Landlord’s ability to obtain its permits, shall be considered deemed a Tenant Delay. Any materials of Tenant or its contractors[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, agents or vendors stored MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. EXHIBIT F TEMPORARY LAN SPECIFICATIONS • Temporary Viela LAN Configuration • Landlord to establish a temporary Wireless and Wired LAN in the Premises during such early identified Viela Space in OMW (Area A1 & A2 North). • The LAN will be connected to the overall Landlord network until Tenant can establish its own network. • The LAN is to be established using Cisco 5520 Wireless LAN Controller (WLC) and Cisco 3802i Wireless Access Points (AP) supported by Cisco switches in Closet 1228. • Landlord to enable wired LAN ports at desks and conference rooms • Wireless Services • Users still on Landlord end user clients to access period shall be at Tenant’s sole risk Landlord Corporate SSID for internet and Landlord network access • Users on Tenant end user clients to access Landlord Guest SSID for internet access (Landlord network access will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable available for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or users on behalf of Tenant or permitted end user clients) • Video Conferencing Services • Conference rooms to be placedoutfitted with wired LAN ports and configured for Video Conferencing capabilities • Printing Services • Printing services to be made available by facilities through vendor relationship • Print capabilities to be established for Tenant users • Viela users with: • Tenant end user client to print via Direct Print to identified / configured printer(s) • Landlord end user clients to print via “Guest Print”, kept or stored by Tenant during any period of early available through Landlord Guest SSID (internet access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.)
Appears in 1 contract
Early Access. Neither Tenant nor any person claiming by, through or under Tenant (collectively, the “Tenant Parties”) may enter the Premises for any purpose prior to the Commencement Date; provided, however, upon written request by Tenant (which may be made by email), Landlord shall, subject to the terms and conditions set forth in this Section 9, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Premises prior to the Expected Commencement Date. Any such access shall, prior to the date which is twenty-one (21) days preceding the Expected Commencement Date, be solely for the purpose of allowing Tenant to install its voice and data equipment and cabling in accordance at the appropriate times necessary to conform with the “critical path” of the Tenant Improvements, and on or after the date which is twenty-one (21) days preceding the Expected Commencement Date, for the additional purpose of installing in the Premises Tenant’s furniture, fixtures, and equipment as may be necessary to make the Premises ready for Tenant’s use and occupancy (as applicable, “Tenant’s Pre-Occupancy Work”). Tenant shall allow Tenant deliver to Landlord Tenant’s written request for early access to the Premises approximately forty five not less than one (451) days business day prior to LI Substantial Completion, provided that all the date on which Tenant desires such access and such notice shall be accompanied by each of the following have occurreditems: (i) this Lease is fully executed the names and delivered by Landlord addresses of all Tenant Parties who will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work; and Tenant; (ii) Tenant has paid to certificates of insurance evidencing such coverages reasonably required by Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried maintained by Tenant hereunder contractors and similar insurance coverage for any occupants in the Building. Any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises and the performance of the Tenant’s Pre-Occupancy Work shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this LeaseLandlord’s reasonable scheduling requirements. Tenant shall notify cause all Tenant Parties to observe all construction rules and regulations promulgated by Landlord promptly from time to time in connection with the performance of work in the Building. If at any time any Tenant Party shall fail to observe such rules and regulations, then Landlord may revoke such license with respect to the offending Tenant Party immediately upon commencing commercial operation of notice to Tenant. Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference Pre-Occupancy Work shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access performed at Tenant’s sole risk, cost and expense and no delay in the delivery of the Premises to Tenant caused by Tenant’s entry to the Premises or Tenant’s Pre-Occupancy Work shall delay the Commencement Date. Landlord shall not be liable for any destructioninjury, theft, vandalism loss or damage which may occur to Tenant’s Pre-Occupancy Work (including without limitation any other property of Tenant placed in the Premises) and Tenant shall indemnify and hold harmless Landlord for any damage to Tenant’s Pre-Occupancy Work, the Premises or to any personal property placed, kept portion of the Tenant Improvements arising from Tenant’s Pre-Occupancy Work or stored otherwise caused by or on behalf of any Tenant or permitted to be placed, kept or stored Party. Upon written request by Tenant during prior to the installation of Tenant’s Pre-Occupancy Work, Landlord agrees to provide a written list of any period improvements constituting part of early access. Tenant’s Pre-Occupancy Work that Landlord will require Tenant may not operate out to remove from the Premises at the end of the Premises until Landlord or TenantLease Term. At the end of the Lease Term, as applicable, has obtained a temporary or permanent Certificate Tenant shall not be required to remove any improvements constituting part of Occupancy permitting Tenant’s use of Pre-Occupancy Work which are not identified on such list (such items being the Premises “Non-Removal Tenant’s Pre-Occupancy Work”). SCHEDULE C-1 PROJECT SCHEDULE SCHEDULE C-2 FINAL SPACE PLAN InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 SIZE ROOM # ROOM NAME DOOR NO. WIDTH HEIGHT THICK MATL SELF CLOSURE LOCKING GLASS TYPE FRAME MATL FUNCTION NOTES 400 Waiting 400a 6’-0’’ 8“0” — GLASS Y Y Y — FRAMELESS SWIPECARD BUILDING STANDARD HERCULTE 402 Interview Room 402a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 403 Interview Room 403a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 405 Visitor Servery/Coats 405a 6’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE 406 Executive Conference 406a 6’-0” 8“0” — GLASS N N Y — Drywall return BUTT GLASS/FLAT TRACK BARN DOOR HARDWARE/SS 407 VP Office 407a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 408 MGR Office 408a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 409 MGR Office 409a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 410 Team RM/Phone Enclave 410a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 411 Open Office 411a 3’-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM CARD ACCESS SWIPE CARD ACCESS 412 VP Office 412a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 413 VP Office 413a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 414 VP Office 414a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 415 VP Office 415a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 417 MGR Office 417a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 418 MGR Office 418a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 419 MGR Office 419a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 421 MGR Office 421a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 422 MGR Office 422a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 423 MGR Office 423a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 424 VP Office 424a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 425 Director Office 425a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 426 Conference 426a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 428 Copy/Mail 428a 3’-6” 8“0” — — — — — — — FRAMED OPENING 429 Mgr Office 429a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 430 Mgr Office 430a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 434 Dining 434a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 436 Vending 436a 3’-0” 8“0” — — N N N — — FRAMED OPENING 436b 3’-0” 8“0” — — N N N — — FRAMED OPENING 438 Kitchen Storage 438a 3’-0” 8“0” 1-3/4” MAPLE — Y — — HM STOREROOM 440 Health Services 440a 3’-0” 8“0” 1-3/4” MAPLE N Y N — HM PRIVACY PRIVACY LOCK 442 Hardware Storage 442a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM STOREROOM 443 LAN Room 443a 3’-0” 8“0” 1-3/4” MAPLE N Y Y PASSAGE LITE HM CARD ACCESS SWIPECARD 445 Director Office 445a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 446 Phone Enclave 446a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 447 Director Office 447a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 448 Open Office 448a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 448b 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 449 HR Storage 449a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PRIVACY PRIVACY LOCK NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 450 Director Office 450a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 452 Team Rm/Phone Enclave 452a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 454 Open Office 454a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 455 Director Office 455a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 456 Director Office 456a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 457 Director Office 457a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 459 Mgr Office 459a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 460 Mgr Office 460a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 461 Mgr Office 461a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 462 Passage 462a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 463 Phone Enclave 463a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE 465 Mgr Office 465a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 466 Mgr Office 466a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 467 Mgr Office 467a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 468 Director Office 468a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 469 Director Office 469a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 470 Director Office 470a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 471 Conference 471a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 474 Mgr Office 474a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 475 Mgr Office 475a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 477 Passage 477a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 478 Mgr Office 478a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 479 Mgr Office 479a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 480 Mgr Office 480a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 481 Conference 481a 3’-0” 8“0” 1-3/4” MAPLE N N Y — HM PASSAGE SIDELITE 482 Director Office 482a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 483 VP Office 483a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 484 VP Office 484a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 485 Passage 485a 3‘-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 486 Executive Lounge 486a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Plumbing Fixture Schedule Client: Connecture Atlanta Project No: 13004-01 Date: September 20, 2013 Revised: ROOM # ROOM NAME ITEM MFG. PRODUCT DESC FINISH 404 Visitor Servery sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K15850-4M Coralis Faucet w/Lever Handles polished chrome disposal by LL Engineer 435 Kitchen sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K-15888-K Coralis Faucet w/Leverl Handles disposal by LL Engineer 439 Health Services toilet Kohler K-3949 Highline Comfort Height, 1.28 GPF, left hand lever White sink Kohler X0000-0-0 Xxxxxxxxx dropinsink w/concentricecircles, cast iron, 8” centers White faucet Kohler X-00000-0 Xxxxxx widespread faucet w/lever handles White PROVIDE ALL RELATED KOHLER ACCESSOSSORIES Hot water at all sink locations SCHEDULE C-3 SAMPLE LEVEL OF DETAIL FOR DESIGN DEVELOPMENT DRAWINGS AND SPECIFICATIONS Reference is made to the following plans prepared by InteriorLOGIC for Connecture in the Permitted UsesBrookfield Xxxxx Xxxxxxxxx Xxxxxx Xxxxxxxx XXXX, Xxxxxxx Xx. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.00000, dated April 27, 2012: Improvements Index
Appears in 1 contract
Early Access. For the purpose of Tenant completing Tenant’s Work, as set forth in Exhibit B, and subject to the terms and conditions of this Section 4.5, Landlord shall allow agrees to grant Tenant early (or Tenant’s designated contractor or service person) access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all the Delivery of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early Premises as long as such access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall does not extend interfere with or delay the performance of Landlord’s work required to satisfy the requirements for the Delivery of the Premises (the “Early Access Period”). Any delays in the completion of the Landlord’s work required for the satisfaction of the Delivery of the Premises conditions set forth in Section 3.3 above attributable to Tenant’s activities in the Premises during the Early Access Period shall accelerate the Delivery of the Premises and the Commencement Date by one day for each day of such Tenant delays. Unless Landlord otherwise agrees thereto in writing, Tenant shall have no right to occupy all or any part of the Premises prior to Delivery of the Premises. Such Early Access Period shall not advance the Commencement Date or the Expiration Date, but such access shall be subject to all provisions of this Lease, excluding payment of monthly Base Rent, Tenant’s Share of Operating Expenses and Tenant’s payment of any applicable utility charges for such Early Access Period preceding the Delivery of the Premises. From the Delivery of the Premises until the Commencement Date (the “Early Occupancy Period”), Tenant shall have unrestricted access to the Premises in order to perform Tenant’s Work. Tenant shall have no right to occupy all or any part of the Premises during the Early Occupancy Period other than to perform the Tenant’s Work. Such Early Occupancy Period shall not advance the Commencement Date or the Expiration Date; but such access shall be subject to all provisions of this Lease, excluding payment of monthly Base Rent, Tenant’s Share of Operating Expenses (but subject to Tenant’s payment of any applicable utility charges for such Early Occupancy Period preceding the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose). Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access and occupancy of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything also be subject to the contrary in this Lease, Landlord following terms and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access 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 period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.conditions:
Appears in 1 contract
Samples: Alphatec Holdings, Inc.
Early Access. Neither Tenant nor any person claiming by, through or under Tenant (collectively, the “Tenant Parties”) may enter the Premises for any purpose prior to the Commencement Date; provided, however, upon written request by Tenant (which may be made by email), Landlord shall, subject to the terms and conditions set forth in this Section 9, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Premises prior to the Expected Commencement Date. Any such access shall, prior to the date which is twenty-one (21) days preceding the Expected Commencement Date, be solely for the purpose of allowing Tenant to install its voice and data equipment and cabling in accordance at the appropriate times necessary to conform with the “critical path” of the Tenant Improvements, and on or after the date which is twenty-one (21) days preceding the Expected Commencement Date, for the additional purpose of installing in the Premises Tenant’s furniture, fixtures, and equipment as may be necessary to make the Premises ready for Tenant’s use and occupancy (as applicable, “Tenant’s Pre-Occupancy Work”). Tenant shall allow Tenant deliver to Landlord Tenant’s written request for early access to the Premises approximately forty five not less than one (451) days business day prior to LI Substantial Completion, provided that all the date on which Tenant desires such access and such notice shall be accompanied by each of the following have occurreditems: (i) this Lease is fully executed the names and delivered by Landlord addresses of all Tenant Parties who will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work; and Tenant; (ii) Tenant has paid to certificates of insurance evidencing such coverages reasonably required by Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried maintained by Tenant hereunder contractors and similar insurance coverage for any occupants in the Building. Any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises and the performance of the Tenant’s Pre-Occupancy Work shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this LeaseLandlord’s reasonable scheduling requirements. Tenant shall notify cause all Tenant Parties to observe all construction rules and regulations promulgated by Landlord promptly from time to time in connection with the performance of work in the Building. If at any time any Tenant Party shall fail to observe such rules and regulations, then Landlord may revoke such license with respect to the offending Tenant Party immediately upon commencing commercial operation of notice to Tenant. Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference Pre-Occupancy Work shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access performed at Tenant’s sole risk, cost and expense and no delay in the delivery of the Premises to Tenant caused by Tenant’s entry to the Premises or Tenant’s Pre-Occupancy Work shall delay the Commencement Date. Landlord shall not be liable for any destructioninjury, theft, vandalism loss or damage which may occur to Tenant’s Pre-Occupancy Work (including without limitation any other property of Tenant placed in the Premises) and Tenant shall indemnify and hold harmless Landlord for any damage to Tenant’s Pre-Occupancy Work, the Premises or to any personal property placed, kept portion of the Tenant Improvements arising from Tenant’s Pre-Occupancy Work or stored otherwise caused by or on behalf of any Tenant or permitted to be placed, kept or stored Party. Upon written request by Tenant during prior to the installation of Tenant’s Pre-Occupancy Work, Landlord agrees to provide a written list of any period improvements constituting part of early access. Tenant’s Pre-Occupancy Work that Landlord will require Tenant may not operate out to remove from the Premises at the end of the Premises until Landlord or TenantLease Term. At the end of the Lease Term, as applicable, has obtained a temporary or permanent Certificate Tenant shall not be required to remove any improvements constituting part of Occupancy permitting Tenant’s use of Pre-Occupancy Work which are not identified on such list (such items being the Premises “Non-Removal Tenant’s Pre-Occupancy Work”). SCHEDULE C-1 PROJECT SCHEDULE C-8 SCHEDULE C-2 FINAL SPACE PLAN C-10 C-11 InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 SIZE ROOM # ROOM NAME DOOR NO. WIDTH HEIGHT THICK MATL SELF CLOSURE LOCKING GLASS TYPE FRAME MATL FUNCTION NOTES 400 Waiting 400a 6’-0’’ 8“0” — GLASS Y Y Y — FRAMELESS SWIPECARD BUILDING STANDARD HERCULTE 402 Interview Room 402a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 403 Interview Room 403a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 405 Visitor Servery/Coats 405a 6’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE 406 Executive Conference 406a 6’-0” 8“0” — GLASS N N Y — Drywall return BUTT GLASS/FLAT TRACK BARN DOOR HARDWARE/SS 407 VP Office 407a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 408 MGR Office 408a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 409 MGR Office 409a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 410 Team RM/Phone Enclave 410a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 411 Open Office 411a 3’-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM CARD ACCESS SWIPE CARD ACCESS 412 VP Office 412a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 413 VP Office 413a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 414 VP Office 414a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 415 VP Office 415a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 417 MGR Office 417a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 418 MGR Office 418a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 419 MGR Office 419a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 421 MGR Office 421a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 422 MGR Office 422a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 423 MGR Office 423a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 424 VP Office 424a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 425 Director Office 425a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 426 Conference 426a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 428 Copy/Mail 428a 3’-6” 8“0” — — — — — — — FRAMED OPENING 428b 3’-6” 8“0” — — — — — — — FRAMED OPENING 429 Mgr Office 429a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 430 Mgr Office 430a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 434 Dining 434a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 435 Kitchen 435a 6’-0” 8’-0” — — — — — — — FRAMED OPENING 436 Vending 436a 3’-0” 8“0” — — N N N — — FRAMED OPENING 436b 3’-0” 8“0” — — N N N — — FRAMED OPENING 438 Kitchen Storage 438a 3’-0” 8“0” 1-3/4” MAPLE — Y — — HM STOREROOM 439 Health Services 439a 3’-0” 8“0” — — — — — — — FRAMED OPENING 440 Health Services 440a 3’-0” 8“0” 1-3/4” MAPLE N Y N — HM PRIVACY PRIVACY LOCK 442 Hardware Storage 442a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM STOREROOM 443 LAN Room 443a 3’-0” 8“0” 1-3/4” MAPLE N Y Y PASSAGE LITE HM CARD ACCESS SWIPECARD 445 Director Office 445a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 446 Phone Enclave 446a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 447 Director Office 447a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 448 Open Office 448a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 448b 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 449 HR Storage 449a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PRIVACY PRIVACY LOCK NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 450 Director Office 450a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 452 Team Rm/Phone Enclave 452a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 454 Open Office 454a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 455 Director Office 455a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 456 Director Office 456a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 457 Director Office 457a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 459 Mgr Office 459a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 460 Mgr Office 460a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 461 Mgr Office 461a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 462 Passage 462a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 463 Phone Enclave 463a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE 464 Copy/Mail 464a — — — — — — — — FRAMED OPENING 465 Mgr Office 465a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 466 Mgr Office 466a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 467 Mgr Office 467a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 468 Director Office 468a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 469 Director Office 469a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 470 Director Office 470a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 471 Conference 471a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 474 Mgr Office 474a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 475 Mgr Office 475a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 477 Passage 477a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 478 Mgr Office 478a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 479 Mgr Office 479a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 480 Mgr Office 480a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 481 Conference 481a 3’-0” 8“0” 1-3/4” MAPLE N N Y — HM PASSAGE SIDELITE 482 Director Office 482a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 483 VP Office 483a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 484 VP Office 484a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 485 Passage 485a 3‘-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 486 Executive Lounge 486a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Plumbing Fixture Schedule Client: Connecture Atlanta Project No: 13004-01 Date: September 20, 2013 Revised: ROOM # ROOM NAME ITEM MFG. PRODUCT DESC FINISH 404 Visitor Servery sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K15850-4M Coralis Faucet w/Lever Handles polished chrome disposal by LL Engineer 435 Kitchen sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K-15888-K Coralis Faucet w/Leverl Handles disposal by LL Engineer 439 Health Services toilet Kohler K-3949 Highline Comfort Height, 1.28 GPF, left hand lever White sink Kohler X0000-0-0 Xxxxxxxxx dropinsink w/concentricecircles, cast iron, 8” centers White faucet Kohler X-00000-0 Xxxxxx widespread faucet w/lever handles White PROVIDE ALL RELATED KOHLER ACCESSOSSORIES Hot water at all sink locations SCHEDULE C-3 SAMPLE LEVEL OF DETAIL FOR DESIGN DEVELOPMENT DRAWINGS AND SPECIFICATIONS Reference is made to the following plans prepared by InteriorLOGIC for Connecture in the Permitted UsesBrookfield Xxxxx Xxxxxxxxx Xxxxxx Xxxxxxxx XXXX, Xxxxxxx Xx. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.00000, dated April 27, 2012: Improvements Index
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Samples: Disturbance and Attornment Agreement
Early Access. Landlord shall allow permit Tenant early access and its agents to enter the Premises approximately forty five six (456) days weeks prior to LI Substantial Completionthe Commencement Date (“Early Access Period”) for the sole purpose of examining the Tenant Improvements (to the extent permitted under the Work Letter Agreement or otherwise agreed to by Landlord), provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of installing, at Tenant’s vendors and/or contractors. sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and as otherwise reasonably necessary to perform any facility validations required by Governmental Authorities for Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access periodPermitted Use, subject to the conditions for early access above. but in no event shall Tenant’s failure to meet any of complete such installations or validations during the conditions for early access shall not Early Access Period extend or delay the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times reasonably satisfactory to Landlord’s representative. The purpose of foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s early access is only agents, contractors and their subcontractors and employees reasonably cooperating and not unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably 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 Tenant to install racking and other improvements and for no other purpose. any damages caused by Tenant’s early access activities at the Premises except to the Premises extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. 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 subject deemed to be under all of the provisions of this LeaseLease except as expressly set forth in this Section 41.2. HoweverDuring the Early Access Period, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at pay Basic Rent, Operating Expenses, Real Property Taxes or costs for electricity, gas or HVAC (provided that Tenant’s sole riskusage thereof during such Early Access Period is not excessive). Landlord shall not be liable in any way for any destructioninjury, theftloss or damage which may occur to any such work being performed by Tenant, vandalism the same being solely at Tenant’s risk, except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. 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 performed by or (excepting the Tenant Improvements or any other damage to any personal property placed, kept or stored work performed by or Landlord) on behalf of Tenant or permitted Tenant’s contractors during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage), except to be placedthe extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, kept in Landlord’s sole and absolute discretion, to settle, compromise, or stored 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 period of early accessentry. Tenant may not operate out shall coordinate such entry with Landlord’s building manager, and such entry shall, except as expressly set forth in this Section 41.2, be made in compliance with all terms and conditions of this Lease and the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04Rules and Regulations attached hereto.
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