Common use of Early Access Clause in Contracts

Early Access. If, at Tenant’s request, Landlord permits Tenant to take occupancy of the Premises prior to the Commencement Date, then the Commencement Date shall be the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraph.

Early Access. IfNotwithstanding the foregoing, provided Subtenant has delivered to Sublandlord the Security Deposit and prepaid rent as required herein, commencing on (the “Early Access Date”) the later of (i) the Effective Date and (ii) the date Prime Landlord delivers its written consent to this Sublease, Subtenant shall have the right, at TenantSubtenant’s requestown risk and expense, Landlord permits Tenant to take occupancy of access the Subleased Premises prior to install furniture, fixtures, cable/wiring and equipment and to otherwise prepare the Commencement DateSubleased Premises for occupancy, then the Commencement Date shall be the date of such early occupancy by Tenantbut not to conduct business; provided, however, that in all events, Subtenant’s access to and use of the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period Subleased Premises prior to the Commencement DateDate shall nevertheless be subject to all of the terms and conditions of this Sublease (except the payment of Rent), enter including (1) Subtenant shall have obtained and provided to Sublandlord evidence of the Premises for the purpose of installing telephonesinsurance required under this Sublease, electronic communication and its contractors and vendors shall have obtained such liability, workmen’s compensation and other insurance as is reasonably acceptable to Sublandlord and Prime Landlord and as may be required by any governmental entities; (2) any alterations or related equipment, fixtures, furniture and equipment, provided that Tenant modifications shall be solely responsible for any performed in accordance with Article 8 of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that Prime Lease; (3) during such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3access, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph Subtenant shall not constitute “materially interfere with Sublandlord’s occupancy of the Premises” ; and (4) notwithstanding anything herein to the contrary, from and after the Early Access Date, Subtenant shall be responsible for purposes janitorial and electricity costs for the Subleased Premises in accordance with the terms of the immediately preceding grammatical paragraphthis Sublease.

Early Access. IfNotwithstanding the provisions of Paragraph 8(a), Tenant shall be permitted to enter upon the Premises upon April 1, 2010 (the “Estimated Delivery Date”), at all reasonable times for the sole purposes of commencing construction of the Tenant Improvements, installing furniture, equipment and cabling and otherwise readying the Premises for Tenant’s requestoccupancy; provided, however, that (i) Tenant shall not unreasonably interfere with or disrupt any work being performed by Landlord permits in the Premises during such early occupancy, (ii) prior to any such entry, Tenant shall provide Landlord with proof of Tenant’s insurance as set forth in Paragraph 15 of this Lease, and (iii) Tenant acknowledges that Schwab shall continue to take have access to the server room portion of the Premises located on the first floor of the Building for the exclusive use of the IT Equipment (hereinafter defined) through April 30, 2010. Such entry upon the Premises shall be subject to all of the provisions of this Lease, except that Tenant shall not be required to pay Base Rent or Additional Rent during such early occupancy period. All materials, work, installations, equipment and decorations of any nature brought upon or installed by Tenant in the Premises prior to the Commencement Date, then the Commencement Date shall be the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Premises. at Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraphsole risk.

Early Access. If, at Tenant’s request, Landlord permits Tenant to take occupancy of the Premises prior to the Commencement Date, then the Commencement Date shall be the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Leaseherein, Tenant may, during the seven three (73) day week period prior to the Commencement DateSubstantial Completion of Tenant Improvements, enter the Substitute Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s 's contractors. Such early access to the Substitute Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s 's completion of the construction of the Tenant Improvements. Landlord and Tenant shall cooperate in the scheduling of Tenant's early access to the Substitute Premises and of Tenant's installation activities in an attempt to maximize the benefits to Tenant of this Paragraph 2.f. without interfering with Landlord’s Work. 's completion of the construction of the Tenant Improvements_ The provisions of Paragraph 9 of the Lease regarding alterations, and the provisions of Paragraphs 7.313 and 14 of the Lease regarding indemnity, 14 waiver and 15 below insurance, shall apply in full during the period of any such early entry, and Tenant shall (i1) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements legal requirements applicable to such early entry work in the Substitute Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraph.

Early Access. IfProvided that Master Lessor has consented in writing to this Sublease and Sublessor has vacated fully the Subleased Premises, at Tenant’s requestthe date of which vacation shall occur not later than March l, Landlord permits Tenant to take occupancy of 2002, Sublessee shall have the Premises right, prior to the Commencement Date, then to enter onto the Subleased Premises solely for the purposes of installing Sublessee’s furniture, trade fixtures and equipment therein and planning its occupancy of the Subleased Premises. Prior to March l, 2002, but subject to having obtained Master Lessor’s consent to this Sublease, Sublessee, upon forty-eight (48) hours’ prior notice to Sublessor, may request entry into the Premises for the foregoing purposes during non-business hours or such other periods as reasonably may be acceptable to Sublessor, and Sublessor’s consent to Sublessee’s request for such early entry shall not be unreasonably withheld. Such early access shall be on all of the terms and conditions of this Sublease, except that Sublessee shall not be required to pay Rent hereunder until the Commencement Date. Notwithstanding the foregoing, if Sublessee commences doing business in the Premises during the early access period, the Commencement Date shall be the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work on which Sublessee commenced doing business in the Subleased Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraph.

Early Access. IfNotwithstanding anything herein to the contrary, at Tenant’s request, Landlord permits Tenant Subtenant shall have the right to take occupancy of access the Sublease Premises fourteen (14) days prior to the Commencement Date (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have satisfied the Insurance Requirement, and (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Sublease Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipment, and if Subtenant shall commence the regular conduct of business operations in the Sublease Premises then the Commencement Date shall be the date deemed to have automatically occurred notwithstanding any other provision of such early occupancy by Tenant; provided, however, that the Expiration Date this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for interfere with any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation decommissioning activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Sublease Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraph.

Early Access. IfProvided that Master Lessor has consented in writing ------------ to this Sublease and Sublessor has vacated fully the Subleased Premises, at Tenant’s requestthe date of which vacation shall occur not later than March 1, Landlord permits Tenant to take occupancy of 2002, Sublessee shall have the Premises right, prior to the Commencement Date, then to enter onto the Subleased Premises solely for the purposes of installing Sublessee's furniture, trade fixtures and equipment therein and planning its occupancy of the Subleased Premises. Prior to March 1, 2002, but subject to having obtained Master Lessor's consent to this Sublease, Sublessee, upon forty-eight (48) hours' prior notice to Sublessor, may request entry into the Premises for the foregoing purposes during non-business hours or such other periods as reasonably may be acceptable to Sublessor, and Sublessor's consent to Sublessee's request for such early entry shall not be unreasonably withheld. Such early access shall be on all of the terms and conditions of this Sublease, except that Sublessee shall not be required to pay Rent hereunder until the Commencement Date. Notwithstanding the foregoing, if Sublessee commences doing business in the Premises during the early access period, the Commencement Date shall be the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work on which Sublessee commenced doing business in the Subleased Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraph.

Early Access. IfSubtenant and Subtenant's representatives shall have the right to enter the Subleased Premises during all Building Hours from and after the later to occur of (i) August 1, at Tenant’s request2014, (ii) the Consent Date and (iii) the date upon which Subtenant delivers to Landlord permits Tenant (A) the pre-paid Base Rent required pursuant to take occupancy Section 3.l (a) below, (B) the Security Deposit and (C) evidence of Subtenant's procurement of all insurance coverage required hereunder (the Premises prior date upon which Subtenant first has such access to the Commencement Subleased Premises being referred to herein as the "Early Access Date, then the Commencement Date shall be the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7") day period prior to the Commencement Date, enter the Premises for the purpose sole purposes of constructing Subtenant's improvements and installing telephones, electronic communication or related equipment, fixtures, furniture Subtenant's personal property and equipment, provided that Tenant furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. All of the rights and obligations of the parties under this Sublease (other than Subtenant's obligation to pay Base Rent, but expressly including without limitation Subtenant's obligation to pay excess utility charges, carry insurance, and indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord, and such entry shall be solely responsible for any made in compliance with all terms and conditions of such equipmentthis Sublease, fixtures, furniture or material the Master Lease and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access rules and regulations attached to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraphMaster Lease.

Early Access. IfFrom and after the Delivery Date, at Tenant’s requestSublessee shall have the right to occupy the Sublet Premises, Landlord permits Tenant and to take occupancy utilize the Appurtenant Rights, for performance of the Premises prior Tenant Improvements and for the Permitted Uses, provided that Sublessee has delivered (a) the first month’s Base Rent pursuant to Section 7.1 of this Sublease, (b) the Letter of Credit, as defined in Section 15 of this Sublease, and (c) insurance certificates confirming that Sublessee has obtained the insurance required to be carried of Sublessee pursuant to Section 14 of this Sublease. Such occupancy shall be subject to all of the terms and conditions of this Sublease and the Master Lease, except that Sublessee’s obligation to pay Base Rent or Direct Expenses shall not commence until the Commencement Date. Notwithstanding anything in this Section 3 which may be construed to the contrary, then if Sublessee fails to deliver any of the Commencement items required in (a), (b) and (c) hereof, the Delivery Date shall be deemed to be the date of the Delivery Date would have occurred pursuant to Section 3.1 above, but for Sublessee’s failure to timely deliver such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraphrequired items.

Early Access. IfNotwithstanding anything herein to the contrary, at TenantSubtenant shall have the right to access the Premises from and after February 15, 2019 (“Subtenant’s request, Landlord permits Tenant to take occupancy Early Access”); provided that each of the Premises prior following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are in full force and effect, (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Base Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then the Commencement Date shall be the date deemed to have automatically occurred notwithstanding any other provision of such early occupancy by Tenant; provided, however, that the Expiration Date this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not be affected by such early occupancy. Notwithstanding anything to the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for interfere with any of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation decommissioning activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Premises. Tenant’s early entry into the Premises solely for the purposes of this grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraph.