Common use of Access; Acceptance of Work Clause in Contracts

Access; Acceptance of Work. Landlord shall afford Tenant and its employees and agents (each herein referred to as a "Tenant Party'') access to the First Added Premises at reasonable times prior to the occupancy of the First Added Premises only in the presence of a representative of the Landlord, and at Tenant's sole risk and expense, for the purposes of inspecting and verifying Landlord's performance of the FAP Tenant Work. Tenant shall advise Landlord promptly of any objection to the construction of the FAP Tenant Work. Landlord shall provide Tenant and its agents with access to the First Added Premises at least fifteen (15) days prior to the First Added Premises Commencement Date for the purpose of installing furniture and equipment (the "Tenant Installations"). Tenant shall not interrupt the completion of the Tenant Work during completion of Tenant Installations. Tenant shall indemnify and hold Landlord and its partners, agents, servants, employees and general contractor (each herein referred to as an "FAP Tenant Work Indemnified Party") harmless from any and all claims, losses, damages, fines and penalties incurred by an FAP Tenant Work Indemnified Party including, but not limited to, reasonable attorneys' fees that in any way result from a Tenant Party's negligent and/or willfully wrongful activities within the First Added Premises during completion of the FAP Tenant Work or Tenant Installations. Within fifteen (15) days after the FAP Tenant Work is completed., Landlord and Tenant shall prepare a mutually agreed upon list ("Punch List") of items of the FAP Tenant Work that needs to be corrected or repaired. Landlord agrees to cause the items set forth in the Punch List to be corrected or repaired within thirty (30) days after the date the Punch List is prepared. As used in this Paragraph 4, "Punch List" items means minor details of construction or decoration that do not interfere with Tenant's use and enjoyment of the First Added Premises.

Appears in 1 contract

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

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Access; Acceptance of Work. Landlord shall afford Tenant and its employees and agents (each herein referred to as a "Tenant Party''") access to the First Fourth Added Premises at reasonable times prior to the occupancy of the First Fourth Added Premises only in the presence of a representative of the Landlord, and at Tenant's sole risk and expense, for the purposes of inspecting and verifying Landlord's performance of the FAP Tenant Work. Tenant shall advise Landlord promptly of any objection to the construction of the FAP Tenant Work. Landlord shall provide Tenant and its agents with access to the First Fourth Added Premises at least fifteen (15) days prior to the First Fourth Added Premises Commencement Date for the purpose of installing furniture and equipment (the "FAP Tenant Installations"). Tenant shall not interrupt the completion of the FAP Tenant Work during completion of FAP Tenant Installations. Tenant shall indemnify and hold Landlord and its partners, agents, servants, employees and general contractor (each herein referred to as an "FAP Tenant Work Indemnified Party") harmless from any and all claims, losses, damages, fines and penalties incurred by an FAP Tenant Work Indemnified Party including, but not limited to, reasonable attorneys' fees that in any way result from a Tenant Party's negligent and/or willfully wrongful activities within the First Fourth Added Premises during completion of the FAP PAP Tenant Work or FAP Tenant Installations. Within fifteen (15) days after the FAP Tenant Work is completed., Landlord and Tenant shall prepare a mutually agreed upon list ("FAP Punch List") of items of the FAP Tenant Work that needs to be corrected or repaired. Landlord agrees to cause the items set forth in the FAP Punch List to be corrected or repaired within thirty (30) days after the date the FAP Punch List is prepared. As used in this Paragraph 4, "FAP Punch List" items means minor details of construction or decoration that do not interfere with Tenant's use and enjoyment of the First Fourth Added Premises.

Appears in 1 contract

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

Access; Acceptance of Work. Landlord shall afford Tenant and its employees and agents (each herein referred to as a "Tenant Party''") access to the First Added New Premises at reasonable times prior to the occupancy commencement of the First Added Premises Term only in the presence of a representative of the Landlord, and at Tenant's sole risk and expense, for the purposes of inspecting and verifying Landlord's performance of the FAP Tenant Work. Landlord agrees to provide a representative to accompany a representative of Tenant to inspect the New Premises during Landlord's normal business hours upon not less than four (4) hours' prior verbal notice. Tenant shall advise Landlord promptly of any objection to the construction performance of such work. In the FAP event a Tenant Work. Landlord shall provide Tenant and its agents with access to Party accesses the First Added New Premises at least fifteen (15) days prior to the First Added Premises Commencement Date for the purpose of installing furniture and equipment date (the "Tenant InstallationsInstallation Date"). , the New Premises are made available to Tenant shall not interrupt pursuant to the completion provisions of the Tenant Work during completion of Tenant Installations. Paragraph l(b) hereof, Tenant shall indemnify and hold Landlord and its partners, agents, servants, employees and general contractor (each herein referred to as an "FAP Tenant Work Indemnified Party") harmless from any and all claims, losses, damages, fines and penalties incurred by an FAP Tenant Work Indemnified Party including, but not limited to, reasonable attorneys' fees that in any way result from a Tenant Party's negligent and/or willfully wrongful activities within the First Added New Premises during completion without the supervision of a representative of the FAP Landlord. In addition, Tenant Work or agrees to pay to Landlord the sum of One Thousand Dollars ($1,000) each time a Tenant Installations. Within fifteen (15) days after Party visits the FAP New Premises prior to the Tenant Work is completed., Installation Date without the supervision of a representative of Landlord and Tenant which payment shall prepare a mutually agreed upon list ("Punch List") of items of the FAP Tenant Work that needs not be deemed to be corrected a fine or repaired. penalty but shall be deemed the payment of liquidated damages to the Landlord agrees to cause the items set forth in the Punch List to be corrected or repaired within thirty (30) days after the date the Punch List is prepared. As used in this Paragraph 4, "Punch List" items means minor details of construction or decoration that do not interfere with for Tenant's use and enjoyment failure to comply with the provisions of this paragraph 2(f), it being further agreed that the First Added PremisesLandlord's actual damages would be difficult to ascertain.

Appears in 1 contract

Samples: Lease Agreement (Jato Communications Corp)

Access; Acceptance of Work. Landlord shall afford Tenant and its employees and agents (each herein referred to as a "Tenant Party'') Parties access to the First Added Premises Contiguous Additional Space at reasonable times prior to the occupancy of the First Added Premises Contiguous Additional Space only in the presence of a representative of the Landlord, and at Tenant's sole risk and expense, for the purposes of inspecting and verifying Landlord's performance of the FAP CAS Tenant Work. Tenant shall advise Landlord promptly of any objection to the construction of the FAP CAS Tenant Work. Landlord shall provide Tenant and its agents with access to the First Added Premises Contiguous Additional Space at least fifteen five (155) days prior to the First Added Premises CAS Commencement Date for the purpose of installing furniture and equipment (the "CAS Tenant Installations"). Tenant shall not interrupt the completion of the CAS Tenant Work during completion of CAS Tenant Installations. Tenant shall indemnify and hold Landlord and its partnersmembers, agents, servants, employees and general contractor (each herein referred to as an "FAP CAS Tenant Work Indemnified Party") harmless from any and all claims, losses, damages, fines and penalties incurred by an FAP a CAS Tenant Work Indemnified Party including, but not limited to, reasonable attorneys' fees that in any way result from a Tenant Party's negligent and/or willfully wrongful activities within the First Added Premises Contiguous Additional Space during completion of the FAP CAS Tenant Work or CAS Tenant Installations. Within fifteen (15) days after the FAP CAS Tenant Work is completed., Landlord and Tenant shall prepare a mutually agreed upon list ("CAS Punch List") of items of the FAP CAS Tenant Work that needs to be corrected or repaired. Landlord agrees to cause the items set forth in the CAS Punch List to be corrected or repaired within thirty (30) days after the date the CAS Punch List is prepared. As used in this Paragraph 4subsection 62.01(b)(iv), "CAS Punch List" items means minor details of construction or decoration that do not interfere with Tenant's use and enjoyment of the First Added PremisesContiguous Additional Space. Landlord and Tenant acknowledge that Tenant will continue to occupy the Leased Premises during construction of the CAS Tenant Work and Tenant confirms its understanding that completion of the CAS Tenant Work may result in noise, vibration, dirt, dust and other circumstances necessarily arising from such construction. Landlord shall have no liability (and Tenant shall not be entitled to claim damages or any actual or constructive eviction, or right of offset or reduction in its rent or other monetary obligations) as a consequence of any disruption or interference with Tenant’s use of the Leased Premises or conduct of its business throughout the completion of such construction.

Appears in 1 contract

Samples: Office Lease (Rancher Energy Corp.)

Access; Acceptance of Work. Landlord shall afford Tenant and its employees and agents (each herein referred to as a "Tenant Party''") access to the First Second Added Premises at reasonable times prior to the occupancy of the First Second Added Premises only in the presence of a representative of the Landlord, and at Tenant's sole risk and expense, for the purposes of inspecting and verifying Landlord's performance of the FAP SAP Tenant Work. Tenant shall advise Landlord promptly of any objection to the construction of the FAP SAP Tenant Work. Landlord shall provide Tenant and its agents with access to the First Second Added Premises at least fifteen (15) days prior to the First Second Added Premises Commencement Date for the purpose of installing furniture and equipment (the "Tenant Installations"). Tenant shall not interrupt the completion of the Tenant Work during completion of Tenant Installations. Tenant Tenant' shall indemnify and hold Landlord and its partners, agents, servants, employees and general contractor (each herein referred to as an "FAP SAP Tenant Work Indemnified Party") harmless from any and all claims, losses, damages, fines and penalties incurred by an FAP SAP Tenant Work Indemnified Party including, but not limited to, reasonable attorneys' fees that in any way result from a Tenant Party's negligent and/or willfully wrongful activities within the First Second Added Premises during completion of the FAP SAP Tenant Work or Tenant Installations. Within fifteen (15) days after the FAP SAP Tenant Work is completed., Landlord and Tenant shall prepare a mutually agreed upon list ("Punch List") of items of the FAP SAP Tenant Work that needs to be corrected or repaired. Landlord agrees to cause the items set forth in the Punch List to be corrected or repaired within thirty (30) days after the date the Punch List is prepared. As used in this Paragraph 4, "Punch List" items means minor details of construction or decoration that do not interfere with Tenant's use and enjoyment of the First Second Added Premises.

Appears in 1 contract

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

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Access; Acceptance of Work. Landlord shall afford Tenant and its employees employees, agents and agents (each herein referred to as a "Tenant Party'') contractors access to the First Added Premises Premises, at reasonable times prior to the occupancy of the First Added Premises only in the presence of a representative of the Landlord, Commencement Date and at Tenant's sole risk and expense, in accordance with Exhibit "F" ("Early Access by Tenant"), for the purposes of (i) inspecting and verifying Landlord's performance the completion and integrity of the FAP Base Building Improvements and the Tenant Work. Tenant Improvements, and shall advise Landlord promptly within five (5) business days of any objection to the construction performance of the FAP Tenant Work. Landlord shall provide Tenant such work; and its agents with access to the First Added Premises at least fifteen (15ii) beginning thirty (30) days prior to the First Added Premises Commencement Date as then reasonably estimated by Landlord, for the purpose installation of installing Tenant's furniture and equipment (the "Tenant Installations")wiring. Tenant Access for such purposes shall not interrupt be deemed to constitute possession or occupancy. Landlord shall promptly undertake and diligently prosecute, at Landlord's sole cost and expense, the completion correction of the Tenant Work during completion any defective work of Tenant Installations. Tenant shall indemnify and hold Landlord and its partners, agents, servants, employees and general contractor (each herein referred to which it is notified as an "FAP Tenant Work Indemnified Party") harmless from any and all claims, losses, damages, fines and penalties incurred by an FAP Tenant Work Indemnified Party including, but not limited to, reasonable attorneys' fees that in any way result from a Tenant Party's negligent and/or willfully wrongful activities within the First Added Premises during completion of the FAP Tenant Work or Tenant Installationsaforesaid. Within fifteen thirty (1530) days after the FAP Base Building Improvements and the Tenant Work is completed.Improvements are Substantially Complete, Landlord and Tenant shall prepare give Landlord a mutually agreed upon written list (the "Final Punch List") of items all contended defects and details of the FAP Tenant Work that needs construction, mechanical adjustment or decoration remaining to be corrected or repairedperformed, if any, in Landlord's construction work. Landlord agrees to cause shall correct all items on the items set forth in the Final Punch List to be corrected that constitute valid defects or repaired applicable details within thirty (30) days after Landlord's receipt of the Final Punch List, unless the nature of the defect or variance is such that a longer period of time is required to repair or correct the same, in which case Landlord shall exercise due diligence in correcting such defect or variance at the earliest possible date and with a minimum of interference with the operation of Tenant. Any disagreement that may arise between Landlord and Tenant with respect to whether an item on the Final Punch List is preparedconstitutes a valid defect shall be reasonably determined by Landlord's Architect. As used The foregoing process for the correction of any defective work shall not apply, however, to latent defects in this Paragraph 4such work which could not reasonably have been discovered theretofore, "Punch List" items means minor details of construction or decoration that do not interfere with Tenant's use and enjoyment of the First Added Premises.provided Tenant notifies Landlord thereof within twelve (12) months after occupancy

Appears in 1 contract

Samples: Sublease Agreement (Aclaris Therapeutics, Inc.)

Access; Acceptance of Work. Landlord shall afford Tenant and its employees employees, agents and agents (each herein referred to as a "Tenant Party'') contractors access to the First Added Premises Premises, at reasonable times prior to the occupancy of the First Added Premises only in the presence of a representative of the Landlord, Commencement Date and at Tenant's ’s sole risk and expense, in accordance with Exhibit “F” (“Early Access by Tenant”), for the purposes of (i) inspecting and verifying Landlord's performance the completion and integrity of the FAP Base Building Improvements and the Tenant Work. Tenant Improvements, and shall advise Landlord promptly within five (5) business days of any objection to the construction performance of the FAP Tenant Work. Landlord shall provide Tenant such work; and its agents with access to the First Added Premises at least fifteen (15ii) beginning thirty (30) days prior to the First Added Premises Commencement Date as then reasonably estimated by Landlord, for the purpose installation of installing Tenant’s furniture and equipment (the "Tenant Installations")wiring. Tenant Access for such purposes shall not interrupt be deemed to constitute possession or occupancy. Landlord shall promptly undertake and diligently prosecute, at Landlord’s sole cost and expense, the completion correction of the Tenant Work during completion any defective work of Tenant Installations. Tenant shall indemnify and hold Landlord and its partners, agents, servants, employees and general contractor (each herein referred to which it is notified as an "FAP Tenant Work Indemnified Party") harmless from any and all claims, losses, damages, fines and penalties incurred by an FAP Tenant Work Indemnified Party including, but not limited to, reasonable attorneys' fees that in any way result from a Tenant Party's negligent and/or willfully wrongful activities within the First Added Premises during completion of the FAP Tenant Work or Tenant Installationsaforesaid. Within fifteen thirty (1530) days after the FAP Base Building Improvements and the Tenant Work is completed.Improvements are Substantially Complete, Landlord and Tenant shall prepare give Landlord a mutually agreed upon written list ("the “Final Punch List") of items all contended defects and details of the FAP Tenant Work that needs construction, mechanical adjustment or decoration remaining to be corrected or repairedperformed, if any, in Landlord’s construction work. Landlord agrees to cause shall correct all items on the items set forth in the Final Punch List to be corrected that constitute valid defects or repaired applicable details within thirty (30) days after Landlord’s receipt of the Final Punch List, unless the nature of the defect or variance is such that a longer period of time is required to repair or correct the same, in which case Landlord shall exercise due diligence in correcting such defect or variance at the earliest possible date and with a minimum of interference with the operation of Tenant. Any disagreement that may arise between Landlord and Tenant with respect to whether an item on the Final Punch List is preparedconstitutes a valid defect shall be reasonably determined by Landlord’s Architect. As used The foregoing process for the correction of any defective work shall not apply, however, to latent defects in this Paragraph 4such work which could not reasonably have been discovered theretofore, "Punch List" items means minor details of construction or decoration that do not interfere with Tenant's use and enjoyment of the First Added Premises.provided Tenant notifies Landlord thereof within twelve (12) months after occupancy

Appears in 1 contract

Samples: Lease Agreement (Auxilium Pharmaceuticals Inc)

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