Common use of Early Occupancy Clause in Contracts

Early Occupancy. If Tenant enters or permits its Agents to enter the Premises prior to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto.

Early Occupancy. If Tenant enters or permits its Agents to enter the Premises prior Subject to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession availability of the Premises, Tenant shall have the right be permitted access to enter the Premises up to fourteen thirty (14) 30 days prior to the anticipated Term Commencement Date for the sole purpose of installing coordinating the installation of its furniture, trade fixtures, equipmentequipment and technology systems in the Premises, the period between the date Tenant commences to enter into the Premises for such purposes and similar itemsthe Term Commencement Date being hereinafter referred to as the “Early Occupancy Period.” Such occupancy of the Premises shall be subject to all the provisions of this Lease, and except that Tenant shall not be required to pay Monthly Base Rent or Operating Expenses for the Early Occupancy Period; provided, however, that Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation provided Landlord proof of these items. Tenant’s insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Term Commencement Date shall be liable at Tenant’s sole risk. Neither Landlord nor any party acting on Landlord’s behalf shall be responsible for any damages damage or delays caused by Tenant’s activities at loss or destruction of such items brought to or installed in the Premises, and Section 10.3 shall apply Premises prior to Tenant’s activitiesthe Term Commencement Date. Prior to entering the Premises Term Commencement Date, Landlord shall make available to Tenant shall obtain all insurance it is required reasonable access to obtain by any floor of the Lease Building that Tenant may reasonably require to core drill and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretopull cable.

Early Occupancy. If Tenant enters or permits its Agents Subject to enter the availability of the Premises prior to and the Commencement Date with issuance by the written permission City of Landlord, it shall do so upon all a temporary certificate of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided belowoccupancy, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or be permitted to move its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, machinery, goods and similar itemssupplies into the Premises prior to the Improvement Completion Date; the period between the date Tenant commences to occupy the Premises and the Improvement Completion Date being hereinafter referred to as the “Early Occupancy Period.” Tenant shall be permitted to commence to occupy the Premises as soon as Substantial Completion of the Improvements occurs and a temporary certificate of occupancy has been issued by the City.. Such occupancy of the Premises shall be subject to all the provisions of this Lease, and except that Tenant shall not be required to pay Monthly Base Rent for the Early Occupancy Period; provided, however, that Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation provided Landlord proof of these items. Tenant’s insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Improvement Completion Date shall be liable at Tenant’s sole risk. Neither Landlord nor any party acting on Landlord’s behalf shall be responsible for any damages damage or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply loss or destruction of such items brought to Tenant’s activities. Prior to entering or installed in the Premises Tenant shall obtain all insurance it is required prior to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate Improvement Completion Date unless such entry with damage, loss or destruction results from Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretogross negligence or intentional misconduct.

Early Occupancy. If Subject to Legal Requirements and to the provisions of the Work Letter regarding construction of the Tenant enters or permits its Agents Improvements, upon (i) execution of this Lease by Landlord and Tenant, (ii) payment by Tenant to Landlord of all amounts due in connection with Tenant’s execution of this Lease, and (iii) delivery by Tenant to Landlord of all certificates of insurance required pursuant to Paragraph 9 of this Lease (the date upon which all of the following have the commencement of “Early Occupancy”), Tenant may enter the Premises for the purpose of constructing the Tenant Improvements and installing Tenant’s fixtures, furniture and equipment within the Premises. Tenant’s right to Early Occupancy shall terminate on the day immediately prior to the Commencement Date Date. During Tenant’s Early Occupancy, (a) Landlord and Tenant shall have mutual access to the Premises, (b) Tenant shall not interfere with Landlord’s construction of the written permission Initial Improvements (as defined in Addendum 3 – Landlord Work Letter) or cause any labor dispute as a result of LandlordTenant’s occupancy of the Premises, it (a) Tenant shall do so upon all not be required to pay Base Rent or Operating Expenses, (b) Tenant shall be required to pay for removal of Tenant’s trash from the Premises and the utilities used by Tenant at the Premises, (c) except for the obligation to pay Base Rent and Operating Expenses, the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activitiesEarly Occupancy, and (d) Tenant shall indemnify and defend Landlord with respect to any loss or damage to the Premises, or any of them, and all liability, loss, or damage arising from any injury to the Building or Exterior Premises or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such installations, unless any such loss, damage, liability, death, or personal injury was caused by Landlord's negligence or willful misconduct, or that of its agents, employees or contractors. Prior to entering Any such occupancy or performance in the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance accordance with all terms and conditions the provisions of this Lease and the Rules and Regulations attached heretoWork Letter.

Early Occupancy. If Tenant enters or permits its Agents Subject to enter the availability of the Premises prior to and the Commencement Date with issuance by the written permission City of Landlord, it shall do so upon all a temporary certificate of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided belowoccupancy, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or be permitted to move its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, machinery, goods and similar itemssupplies into the Premises prior to the Term Commencement Date; the period between the date Tenant commences to occupy the Premises and the Term Commencement Date being hereinafter referred to as the "Early Occupancy Period." Tenant shall be permitted to commence to occupy the Premises as soon as Substantial Completion of the Improvements occurs and a temporary certificate of occupancy has been issued by the City.. Such occupancy of the Premises shall be subject to all the provisions of this Lease, and except that Tenant shall not be required to pay Monthly Base Rent for the Early Occupancy Period; provided, however, that Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation provided Landlord proof of these items. Tenant's insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Term Commencement Date shall be liable at Tenant's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damages damage or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply loss or destruction of such items brought to Tenant’s activities. Prior to entering or installed in the Premises Tenant shall obtain all insurance it is required prior to obtain by the Lease and shall provide certificates of said insurance to Term Commencement Date unless such damage, loss or destruction results from Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto's gross negligence or intentional misconduct.

Early Occupancy. If Tenant enters or permits its Agents to enter the Premises prior Subject to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession availability of the Premises, Tenant shall have the right be permitted to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing move its furniture, trade fixtures, equipment, machinery, goods and similar itemssupplies into the Premises ten (10) days prior to the Term Commencement Date, and the period between the date Tenant commences to occupy the Premises being hereinafter referred to as the "Early Occupancy Period". Such occupancy of the Premises shall be subject to all the provisions of this Lease, except that Tenant shall not be required to pay Monthly Base Rent for the Early Occupancy Period; provided, however, that Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation provided Landlord proof of these items. Tenant's insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Term Commencement Date shall be liable at Tenant's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damages damage or delays caused by Tenant’s activities at loss or destruction of such items brought to or installed in the Premises, and Section 10.3 shall apply Premises prior to Tenant’s activitiesthe Term Commencement Date. Prior to entering the Premises Term Commencement Date, Landlord will provide Tenant shall obtain all insurance it is required access to obtain any floor that Tenant may reasonably require in order to core drill and pull cable in accordance with plans approved by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto.

Early Occupancy. If Tenant enters or permits its Agents to enter Landlord obtains a fully-executed Termination Agreement, for purposes of performing the Premises prior to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for Work described in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the PremisesExhibit D hereto, Tenant shall have the right to enter and occupy the Premises up to fourteen beginning on the later of (14i) days prior to the anticipated Commencement Effective Date for or (ii) the sole purpose date of installing furniturethe Termination Agreement. By so using or occupying the Premises, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for deemed to have accepted the Premises (including any damages improvements, alterations, fixtures and equipment therein or delays caused thereto) AS-IS, WHERE-IS and WITH ALL FAULTS, in their condition as of the date of such use or occupancy; except that Landlord shall deliver the roof in watertight condition and the mechanical, electrical and plumbing systems and the roll up doors in good working condition. Tenant acknowledges and agrees that Landlord has limited knowledge of the condition or intended use of any of the existing improvements, alterations, fixtures or equipment that were installed and/or used by Xxxxxx and/or SangStat, that Tenant is accepting such existing improvements, alterations, fixtures and equipment in their condition as of the date of Tenant’s activities at first use or occupancy of all or any portion of the Premises, and Section 10.3 shall apply that Landlord’s obligation to Tenant’s activitiesdeliver the mechanical, electrical and plumbing systems in good working condition is expressly limited by and subject to the impact (if any) that the existence and condition of such existing improvements, alterations, fixtures and equipment may have on such systems. Prior to entering Occupancy of the Premises by Tenant shall obtain all insurance it is required prior to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry Rent Commencement Date shall be made in compliance with subject to all terms and conditions of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent, provided that Tenant shall pay any and all costs (including utility costs and costs of any additional insurance Landlord determines is necessary in connection with such early occupancy) directly related to such occupancy of the Rules and Regulations attached heretoPremises by Tenant. The obligations of Landlord under this Section 3(c) are expressly conditioned on the full execution of a Termination Agreement as provided in Section 3(a).

Early Occupancy. If Landlord shall allow Tenant enters or permits its Agents to enter the Premises prior when the construction of the Building has proceeded to a point where, consistent with good construction practices, Tenant can commence preparation of the Commencement Premises for Tenant's occupancy, on or about December 9, 2000 (the "EARLY OCCUPANCY DATE") for purposes of Tenant's installation of Tenant's furniture, cabling, fixtures and equipment. Tenant's entry into the Premises from and after the Early Occupancy Date shall be subject to Tenant's coordination of such entry with Landlord and Xxxxxxxx's general contractor(s) so as not to hinder or unreasonably interfere with the written permission completion of Landlord, it the Premises and the Tenant Improvements therein. Such early occupancy shall do so upon be subject to all of the terms and conditions of this Lease (including its obligations regarding indemnity and insurance)Lease, andincluding, except as provided belowwithout limitation, those provisions requiring that Tenant shall be responsible for all costs, expenses and obligations relating to the Premises (including, without limitation, Sections 18, 21 and 23) except that Tenant shall not be obligated to pay Base Monthly any Rent and all other charges provided for in this Lease during the period of such early occupancy. Provided In addition, Xxxxxxxx agrees that neither Xxxxxx, nor any contractor or subcontractor of Tenant does not interfere with shall be charged for the use of elevators, hoists (if any), water, electricity, HVAC, security or delay any other utilities or services prior to the completion by Commencement Date. Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter terminate Xxxxxx's Early Occupancy if in Landlord's reasonable discretion, the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose Early Occupancy will interfere with construction of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto.

Early Occupancy. If Tenant enters or permits its Agents Subject to enter the availability of the Premises prior to and the Commencement Date with issuance by the written permission City of Landlord, it shall do so upon all a temporary certificate of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided belowoccupancy, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or be permitted to move its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, machinery, goods and similar itemssupplies into the Premises prior to the Improvement Completion Date; the period between the date Tenant commences to occupy the Premises and the Improvement Completion Date being hereinafter referred to as the "Early Occupancy Period." Tenant shall be permitted to commence to occupy the Premises as soon as Substantial Completion of the Improvements occurs and a temporary certificate of occupancy has been issued by the City.. Such occupancy of the Premises shall be subject to all the provisions of this Lease, and except that Tenant shall not be required to pay Monthly Base Rent for the Early Occupancy Period; provided, however, that Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation provided Landlord proof of these items. Tenant's insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Improvement Completion Date shall be liable at Tenant's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damages damage or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply loss or destruction of such items brought to Tenant’s activities. Prior to entering or installed in the Premises Tenant shall obtain all insurance it is required prior to obtain by the Lease and shall provide certificates of said insurance to Improvement Completion Date unless such damage, loss or destruction results from Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto's gross negligence or intentional misconduct.