Early Access. Landlord shall allow Tenant early access to the Premises approximately but no less than three (3) months prior to the Target Delivery Date subject to Force Majeure and Tenant Delays (“Early Access”), provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has deposited with Landlord both Installments of the Security Deposit pursuant to Section 1.07; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder. Tenant shall also provide evidence to Landlord of similar insurance coverage for any and all of Tenant’s vendors and/or contractors. The purpose of Tenant’s Early Access is solely for the installation of Tenant’s equipment, including but not limited to, installation of racking, IT cabling and equipment, diesel generator, radio frequency network, wired guidance system, security system, wide area network connection and similar equipment; provided, however, the listing of such equipment in this Section shall not be deemed or construed as Landlord’s approval of the same, and such approval shall be subject to the provisions and conditions set forth elsewhere in this Lease. During the last thirty (30) days of the Early Access period, Tenant may begin storing product in the Building, provided that such storage does not interfere with the timely Substantial Completion and is in compliance with any requirements of any governmental agency with jurisdiction over the Premises; provided, further, nothing contained herein shall be deemed or construed as allowing Tenant to use and occupy the Premises for the conduct of its business during the Early Access. Tenant’s Early Access to the Premises shall be subject to all of the provisions of this Lease except for the payment of monthly Rent. However, Early Access of the Premises shall not advance the expiration date of this Lease. Landlord and Tenant shall use commercially reasonable efforts to coordinate with each other during the Early Access to minimize interference with the other’s activities. Notwithstanding anything to the contrary in this Lease, Tenant shall ensure that Tenant’s Early Access does not unreasonably interfere with the work of Landlord or its contractors and in the event of any interference which threatens to delay Substantial Completion of the Landlord Improvements to the Premises, Landlord shall notify Tenant of such interfering activities, and if such interfe...
Early Access. Additionally, Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) the Consent Date, (ii) the date upon which Subtenant delivers to Landlord (A) the pre-paid Base Rent required pursuant to Section 3.1(a) below, (B) the Letter of Credit and (C) evidence of Subtenant’s procurement of all insurance coverage required hereunder and (iii) the date that is ten (10) days prior to the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, 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 made in compliance with all terms and conditions of this Sublease, the Master Lease (to the extent incorporated herein) and the rules and regulations attached to the Master Lease.
Early Access. Sublandlord agrees to cooperate with Subtenant to allow Subtenant access to the Initial Premises from the day following the Consent Date to the Delivery Date and deliver exclusive possession of the Initial Premises, including the Data Room (but excluding the Lab Space), on the Delivery Date, for design and construction purposes and for the purposes of the installation of furniture, fixtures and equipment and preparing the Initial Premises for occupancy (the “Early Access Activities”), provided that Subtenant has first given Sublandlord at least one (1) business day’s prior notice of any such access (for access prior to the Delivery Date only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access (a) shall be solely for the Early Access Activities and not for the purposes of occupancy or possession of the Initial Premises, or of conducting business therein, and (b) shall be subject to and upon all the terms and conditions of this Sublease (including without limitation Section 11 hereof), except that Subtenant shall have no obligation to pay Base Rent or Additional Rent for the period prior to the Initial Premises Commencement Date; provided, however, that if Subtenant’s pursuit of the Early Access Activities causes an increase of more than ten percent (10%) in the cost of utilities (including without limitation water, electricity, heat or air conditioning) allocable to the Initial Premises on a square-foot basis (as compared to the average cost for such utilities over the prior three (3) months), Subtenant shall reimburse Sublandlord for such increase in the cost of utilities within thirty (30) days following Sublandlord’s presentation of an invoice therefor (including reasonable supporting documentation), which invoice shall be presented to Subtenant within fifteen (15) days following each month of such Early Access Activities. The Early Access Activities shall be performed between the hours of 6:00 a.m. and 5:00 p.m. on business days, and shall be coordinated with Sublandlord. Subtenant’s early access shall not affect or alter the Initial Premises Commencement Date, the Expansion Premises Commencement Date, the Expiration Date, or the Term.
Early Access. Red Hat may make certain pre-release versions (e.g. beta versions) of Red Hat Products available to all participants under this Program to allow Partner to prepare to integrate and support such versions if and when they become generally available to Red Hat’s customers. Additionally, Red Hat may, at its sole discretion, work with one or more partners regarding certain Red Hat Products and/or technology components on possible technology directions, areas of integration and/or potential product features. Such collaboration may result in on-line seminars, public promotions, references, launch activities and/or other marketing activities as listed in the Program Guide.
Early Access. Notwithstanding 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 occupancy; provided, however, that (i) Tenant shall not unreasonably interfere with or disrupt any work being performed by Landlord 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 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 shall be at Tenant’s sole risk.
Early Access. Subject to the terms of this Paragraph 2.B and provided that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below), Landlord shall grant Tenant access to the Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Such access prior to the Commencement Date shall be subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide...
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Early Access. Subject to Tenant’s adherence to any scheduling protocols required by Landlord, Tenant shall have the right to enter the Premises following the later to occur of (a) June 1, 2015 and (b) Landlord’s (i) execution and delivery of this Lease, (ii) receipt of the installment of Base Rent for Lease Month 7 of the Term and the first monthly installment of Additional Rent for Expenses and Taxes, (iii) receipt of the Security Deposit, the Landlord’s receipt of which is hereby acknowledged, and (iv) receipt of the insurance required in connection therewith pursuant to Article 14 of this Lease) to install Tenant’s furniture and equipment and perform the Tenant’s Work. During the period commencing on the date that Tenant enters onto the Premises in accordance with the prior sentence until the Commencement Date (the “Early Access Period”), Tenant shall comply with all terms and provisions of this Lease (including, without limitation, Article 13 and Article 14 of this Lease), except those provisions requiring the payment of Base Rent or Additional Rent for the Premises (except as otherwise set forth hereinabove), and except that Tenant shall be responsible for the payment of all utilities consumed by Tenant in and for the Premises during such Early Access Period. Tenant expressly agrees that neither it nor any of its agents, contractors, workmen, mechanics, suppliers or invitees shall enter the Premises unless and until each of them shall furnish such assurances to Landlord, including, but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Early Access. 9.1 The Lessee must deliver the following items to the Lessor:
Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises during the four (4) week period prior to the Commencement Date and from and after the Consent Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, 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 carry insurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord and will not interfere with Sublandlord’s employees, contractors and vendors located in the Subleased Premises during such early access period, and such entry shall be made in compliance with all terms and conditions of this Sublease, the Master Lease and the rules and regulations attached to the Master Lease (as the same may be amended) or promulgated by Sublandlord as described herein.
