Common use of ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM Clause in Contracts

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord, at Landlord’s discretion, may permit Tenant and Tenant’s agents to enter the Premises prior to the date specified as the Commencement Date of the Lease in order that Tenant may make the Premises ready for Tenant’s use and occupancy. If Landlord permits such entry prior to the Commencement Date, such permission will constitute a license only and not a lease and such license will be conditioned upon: (a) Tenant working in harmony and not interfering with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers in doing the Work, or the Work in the Building or with other tenants and occupants of the Building; (b) Tenant obtaining in advance Landlord’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, (ii) general contractor’s affidavit for proposed work and waiver of lien from general contractor, all subcontractors and suppliers of material; (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may require. Landlord will have the right to withdraw such license for any reason upon notice to Tenant. Tenant agrees that Landlord will not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s property placed or installations made in the Premises prior to the Commencement Date, the same being at Tenant’s sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Property. Tenant further agrees that any entry and occupation permitted under this paragraph will be governed by Paragraph 10 of the Lease and all other terms of the Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Liquid Holdings Group LLC), Office Lease Agreement (Liquid Holdings Group LLC)

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ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord, at Landlord’s discretion, may Landlord will permit Tenant and Tenant’s agents Xxxxxx's agents, suppliers, contractors and workmen to enter the Demised Premises prior to the date specified as the Commencement Date commencement of the Lease in order that Term to enable Tenant to do such things as may be required by Tenant to make the Demised Premises ready for Tenant’s use 's occupancy, provided that Tenant and occupancy. If Landlord permits such entry prior to the Commencement Date, such permission will constitute a license only and not a lease and such license will be conditioned upon: (a) Tenant working in harmony and not interfering with Landlord and Landlord’s its agents, contractors, workmen, mechanics workmen and suppliers and their activities in doing the Work, Demised Premises and Development will not interfere with or delay the completion of the Work in the Building or Additional Work to be done by Landlord and will not interfere with other tenants and activities of Landlord or occupants of the Building; (b) Tenant obtaining in advance Development, and only upon prior notice to Landlord’s approval . Such notice must specifcy the name of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, (ii) general contractor’s affidavit for proposed work and waiver of lien from general licensed contractor, all subcontractors contact information, insurance compliance and suppliers of material; (c) Tenant furnishing Landlord with such proof certificates of insurance as per the Lease Agreement, and other security as days and times of access desired. The Landlord may require. Landlord will shall have the right to withdraw such license for any reason upon right, on notice to Tenant, to cause Tenant or any such agent, contractor, xxxxxxx or supplier to leave the Demised Premises and the Development if Landlord determines that any such interference or delay has been or may be caused. Tenant agrees that any such entry into the Demised Premises shall be at Tenant's own risk and Landlord will shall not be liable in any way for any injury, loss or damage damage, which may occur to any of Tenant’s 's property placed or Xxxxxx's installations made in the Demised Premises prior to the Commencement Date, the same being at Tenant’s sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord Landlord, its partners and their respective agents from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Demised Premises or Development. In addition, prior to the Property. initial entry to the Development or the Demised Premises by Tenant further agrees that any and by each contractor or subcontractor for Tenant, Tenant shall furnish Landlord with policies of insurance covering Landlord as an insured party with such coverages and such amounts as Landlord may then require in order to insure Landlord against liability for injury or death or damage to property of Landlord or its tenants by reason of such entry and occupation permitted under this paragraph will be governed by Paragraph 10 of any activity or work carried on, in or about the Lease and all other terms of Development or the LeaseDemised Premises.

Appears in 1 contract

Samples: Lease (Tek Digitel Corp)

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord, at Landlord’s 's discretion, may permit Tenant and Tenant’s 's agents to enter the Premises prior to the date specified as the Commencement Date of the Lease upon reasonable notice during business hours in order that Tenant may make the Premises ready for Tenant’s 's use and occupancy. If Landlord permits such entry prior to the Commencement Date, Any such permission will shall constitute a license only and not a lease and such license will shall be conditioned upon: (a) Tenant working in harmony and not interfering with Landlord and Landlord’s 's agents, contractors, workmen, mechanics and suppliers in doing the Landlord's Work or Additional Work, if any, or the Work other work in the Building or with other tenants and occupants of the Building; (b) Tenant b)Tenant obtaining in advance Landlord’s 's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security reasonably satisfactory to Landlord for the completion thereof, and (ii) general contractor’s 's affidavit for the proposed work work; and waiver of lien from general contractor, all subcontractors and suppliers of material; (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may requirereasonably require against liabilities which may arise out of such entry. Landlord will shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to TenantTenant for reasonable cause. Tenant agrees that Landlord will shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s 's property placed or installations made in the Premises prior to the Commencement Datecommencement of the Term of the Lease, the same being at Tenant’s 's sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the PropertyBuilding. Tenant further agrees that any entry entry, work and occupation permitted under this paragraph will Section shall be governed by Paragraph 10 Section 5 of the Lease and all other terms of the Lease.

Appears in 1 contract

Samples: Office Lease (Interactive Group Inc)

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord, at Landlord’s discretion, may permit Tenant and Tenant’s agents to enter the Premises prior to the date specified as the Commencement Date of the Lease in order that Tenant may make the Premises ready for Tenant’s use and occupancy. If Landlord permits such entry prior to the Commencement Date, such permission will constitute a license only and not a lease and such license will be conditioned upon: (a) Tenant working in harmony and not interfering with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers in doing the Landlord’s Work, or the Landlord’s Work in the Building or with other tenants and occupants of the Building; (b) Tenant obtaining in advance Landlord’s approval of the contractors proposed to be used by Tenant Tenant, which approval shall not be unreasonably withheld, delayed or conditioned, and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, (ii) general contractor’s affidavit for proposed work and waiver of lien from general contractor, all subcontractors and suppliers of material; (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may reasonably require. Landlord will have the right to withdraw such license for any reason cause upon reasonable notice to Tenant. Tenant agrees that Landlord will not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s property placed or installations made in the Premises prior to the Commencement Date, the same being at Tenant’s sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Property. Tenant further agrees that any entry and occupation permitted under this paragraph will be governed by Paragraph 10 11 of the Lease and all other terms of the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Alfacell Corp)

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord, at Landlord’s Xxxxxxxx's discretion, may permit Tenant and Tenant’s Xxxxxx's agents to enter the Premises prior to the date specified as the Commencement Date of the Lease upon reasonable notice during business hours in order that Tenant may make the Premises ready for Tenant’s 's use and occupancy. If Landlord permits such entry prior to the Commencement Date, Any such permission will shall constitute a license only and not a lease and such license will shall be conditioned upon: (a) Tenant working in harmony and not interfering with Landlord and Landlord’s 's agents, contractors, workmen, mechanics and suppliers in doing the Landlord's Work or Additional Work, if any, or the Work other work in the Building or with other tenants and occupants of the Building; (b) Tenant obtaining in advance Landlord’s 's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security reasonably satisfactory to Landlord for the completion thereof, and (ii) general contractor’s 's affidavit for the proposed work work; and waiver of lien from general contractor, all subcontractors and suppliers of material; (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may requirereasonably require against liabilities which may arise out of such entry. Landlord will shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to TenantTenant for reasonable cause. Tenant agrees that Landlord will landlord shall not be liable in any way for any injury, loss los or damage which may occur to any of Tenant’s 's property placed or installations made in the Premises prior to the Commencement Datecommencement of the Term of the Lease, the same being at Tenant’s 's sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the PropertyBuilding. Tenant Xxxxxx further agrees that any entry entry, work and occupation permitted under this paragraph will Section shall be governed by Paragraph 10 Section 5 of the Lease and all other terms of the Lease.

Appears in 1 contract

Samples: Ebenx Inc

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. LandlordLand-lord, at Landlord’s 's reasonable discretion, may permit Tenant and Tenant’s 's agents to enter the Premises prior to the date specified as the Commencement Date of the Lease in order that Tenant may make the Premises ready for Tenant’s 's use and occupancy. If Landlord permits such entry prior to the Commencement Date, such permission will constitute a license only and not a lease and such license will be conditioned upon: (a) Tenant working in harmony and not interfering interfer-ing with Landlord Land-lord and Landlord’s 's agents, contractors, workmen, mechanics and suppliers in doing the Work, or the Work in the Building or with other tenants and occupants of the BuildingBuild-ing; (b) Tenant obtaining in advance Landlord’s 's approval of the contractors proposed pro-posed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, (ii) general contractor’s con-tractor's affidavit for proposed work and waiver of lien from general contractorcontrac-tor, all subcontractors and suppliers of material; (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may require. Landlord will have the right to withdraw such license for any reasonable reason upon 24 hours' notice to Tenant. Tenant agrees that Landlord will not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s 's property placed or installations made in the Premises prior to the Commencement Date, the same being at Tenant’s 's sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractorscontrac-tors, suppliers or workmen in or about the Premises or the PropertyProject. Tenant further agrees that any entry and occupation permitted under this paragraph will be governed by Paragraph 10 11 of the Lease and all other terms of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Discovery Laboratories Inc /De/)

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord shall permit Tenant and its employees, agents, contractors, and suppliers to enter the Leased Premises prior to the Commencement Date (and such entry, alone, shall not constitute Tenant’s taking possession of the Leased Premises for the purpose of Section 6.3) to prepare the Leased Premises for Tenant’s occupancy, which preparation may include, inter alia, the installation of medical equipment by contractors, provided that, the Building Work has progressed to a point where any such entry and work by Tenant will not interfere with the continued performance of the Building Work by the Contractor. Tenant and each other Person which enters the Leased Premises before the Commencement Date shall conduct itself so as to not unreasonably interfere with Landlord, any contractor, or any other occupant of the Building. Any such prior entry is subject to all of the provisions of this Lease (other than the obligation to pay Rent) and at LandlordTenant’s discretionsole risk, may permit cost, and expense. Tenant acknowledges and agrees that Tenant and Tenant’s agents employees, agents, contractors, and suppliers are required to enter the Premises prior comply with Landlord's reasonable requirements with regard to access to the date specified as the Commencement Date of the Lease in order that Tenant may make the Leased Premises ready for Tenant’s use and occupancy. If Landlord permits such entry prior to the Commencement Date, such permission will constitute a license only and not a lease and such license will be conditioned upon: (a) Tenant working in harmony and not interfering with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers in doing the Work, or the Work in the Building or with other tenants and occupants of the Building; (b) Tenant obtaining in advance Landlord’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, (ii) general contractor’s affidavit for proposed work and waiver of lien from general contractor, all subcontractors and suppliers of material; (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may require. Landlord will have the right to withdraw such license for any reason upon notice to Tenant. Tenant agrees that Landlord will shall not be liable in any way for any personal injury, loss death, or property damage which may occur (including damage to any personal property which Tenant may bring into, or any work which Tenant may perform in, the Leased Premises) which any Tenant Related Party may suffer or incur as a result of Tenant’s property placed any such prior entry, unless resulting from Landlord's gross negligence or installations made willful misconduct. Tenant agrees to defend, indemnify and hold harmless Landlord and any Landlord Related Party from any damages, claims or causes of action, together with any expenses incurred in connection therewith, arising out of any such entry into the Leased Premises by Tenant or any Tenant Related Party prior to the Commencement Date, the same being at Tenant’s sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Property. Tenant further agrees that any entry and occupation permitted under this paragraph will be governed by Paragraph 10 of the Lease and all other terms of the Lease.

Appears in 1 contract

Samples: Hospital Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

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ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord, at in Landlord’s discretion, may permit Tenant and Tenant’s agents to enter the Premises prior to the date specified as the Commencement Date of the Lease in order that Tenant may upon reasonable notice during business hours to make the Premises ready for Tenant’s use and occupancy. If Landlord permits such entry prior to the Commencement Date, Any such permission will shall constitute a license only and not a lease only, and such license will shall be conditioned upon: (a) Tenant working in harmony and not interfering with Landlord and Landlord’s agents, contractors, workmenworkers, mechanics and suppliers in doing the Landlord’s Work or Additional Work, or the Work if any or, with other work in the Building or with Project, other tenants and occupants of the BuildingProject, or the general operation of the Project; (b) Tenant obtaining in advance Landlord’s prior written approval of the contractors proposed to be used by contractors; and (c) Tenant and depositing with Landlord in advance of any work work, in form and substance reasonably satisfactory to Landlord, (i) security reasonably satisfactory to Landlord for the lien-free completion thereof, (ii) general contractor’s affidavit plans and specifications for proposed work such work, (iii) any necessary permits or licenses, and waiver of lien from general contractor, all subcontractors and suppliers of material; (civ) Tenant furnishing Landlord with such proof certificates of insurance (with coverages and other security amounts satisfactory to Landlord and naming Landlord and its management company and mortgagee as additional insured) and instruments of indemnification as Landlord may requirereasonably require against claims and liabilities which may arise out of such entry or work. Such pre-term access shall be subject to scheduling by Landlord. Landlord will shall have the right to withdraw such license for any reason upon twenty-four (24) hours’ written notice to TenantTenant for reasonable cause prior to the commencement of the Term of the Lease. Tenant agrees that Landlord will shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s property placed or installations made in the Premises prior to the Commencement Datecommencement of the Term of the Lease, the same being at Tenant’s sole risk risk; and Tenant agrees to protectindemnify, defend, indemnify defend and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Property. Tenant further agrees that any entry and occupation permitted under this paragraph will be governed by Paragraph 10 Building prior to the commencement of the Term of the Lease Any entry or work by or on behalf of Tenant under this Section shall be subject to all of the terms and all other terms conditions of the Lease, including without limitation Sections 5A and B thereof. If such entry or work causes extra costs to Landlord or extraordinary use of Project services, Tenant shall reimburse Landlord for such extra costs or extraordinary services within thirty (30) days after landlord’s statement.

Appears in 1 contract

Samples: Lease Agreement (Quest Resource Corp)

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord, Landlord at Landlord’s discretion, its discretion may permit Tenant and Tenant’s its agents to enter the Leased Premises prior to the date specified as the Commencement Date of to prepare the Lease in order that Tenant may make the Leased Premises ready for Tenant’s use and occupancy. If Landlord permits such entry prior to the Commencement Date, Any such permission will to enter the Leased Premises shall constitute a license only and shall not a lease and such license will constitute entry pursuant to the Lease. Any entry shall be conditioned uponsubject to the satisfaction of the following ongoing conditions by Tenant: (ai) Tenant working in harmony and not interfering with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers in doing the Work, or the Work in the Building or and with other tenants and occupants of the Building; (bii) Tenant obtaining in advance Landlord’s approval of the contractors proposed to be used by Tenant and depositing with Landlord Tenant; (iii) providing, in advance of any work (i) work, security satisfactory to Landlord for the completion thereof; (iv) providing, (ii) general upon completion of work and/or payment for work, the contractor’s affidavit for the proposed work and waiver the waivers of lien from general contractor, the contractor and all subcontractors and suppliers of material; and (cv) Tenant furnishing Landlord with such proof of insurance and other security or bond as Landlord may requirerequire against liabilities that may arise out of such entry. Landlord will shall have the right to withdraw such license for any reason upon twenty-four (24) hours written notice to Tenant. Tenant agrees that Landlord will shall not be liable in any way for any injury, loss or damage which that may occur to any of Tenant’s property placed or installations made in the Leased Premises prior to the Commencement Date, unless caused entirely by the same being at Tenantgross negligence or willful misconduct of Landlord or Landlord’s sole risk and representatives. Tenant agrees to shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Leased Premises or the PropertyBuilding, unless caused by the gross negligence or willful misconduct of Landlord or Landlord’s representatives. Tenant further agrees that any Any entry and occupation permitted under this paragraph will Paragraph shall be governed by Paragraph 10 of the Lease and all other terms of the Leaseforegoing license to enter.

Appears in 1 contract

Samples: Lease Agreement (inContact, Inc.)

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. LandlordLandlord may, at Landlord’s 's discretion, may and subject to governmental regulations, permit Tenant tenant and Tenant’s 's agents to enter the Premises prior to the date specified as the Commencement Date of the Lease in order that Tenant may make the Premises ready for Tenant’s 's use and occupancyoccupancy (but not to conduct business). Landlord shall use Landlord's best efforts to allow Tenant to begin moving into the Premises prior to the Commencement Date. If Landlord permits such entry prior to the Commencement Date, such permission will shall constitute a license only and not a lease and such license will shall be conditioned upon: upon (a) Tenant working in harmony and not interfering with Landlord and Landlord’s 's agents, contractors, workmen, mechanics and suppliers in doing the WorkTenant Finish, or the Work Landlord's work in the Building or with other tenants and occupants of the Building; , and (b) Tenant obtaining in advance Landlord’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, (ii) general contractor’s affidavit for proposed work and waiver of lien from general contractor, all subcontractors and suppliers of material; (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may requirerequire against liabilities which may arise out of such entry. Landlord will shall have the right to withdraw such license for any reason good cause upon twenty-four (24) hours written notice to Tenant. Tenant agrees that Landlord will shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s 's property placed on or installations made in the Premises prior to the Commencement Datecommencement of the Term of the Lease, the same being at Tenant’s 's sole risk and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers supplies or workmen in or about the Premises or the Property. Tenant further agrees that any entry and occupation permitted under this paragraph will be governed by Paragraph 10 of the Lease and all other terms of the LeaseBuilding.

Appears in 1 contract

Samples: Lease Agreement (Front Range Capital Trust I)

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