Common use of Early Access Period Clause in Contracts

Early Access Period. except that Sublessee shall not be obligated to pay during the Early Access Period (i) Basic Rent, (ii) Real Estate Taxes, (iii) insurance maintained by Landlord pursuant to the Master Lease, (iv) utilities or (v) the cost of maintaining the landscape areas within the Building Common Area. Without limiting the generality of the foregoing, Sublessee shall be responsible for repairing, at its cost, any damage to the Building or the Building Common Area arising out of or resulting from Sublessee's performance of any Alterations (as defined in the Master Lease) and/or installation of equipment, furniture or other personal property during the Early Access Period. Sublessee's early access shall also be conditioned upon Sublessee's not being in default hereunder and the Parties having received the prior written consent of Landlord to this Sublease. Any Alterations performed by Sublessee during the Early Access Period shall be performed in accordance with the terms of this Sublease (including, without limitation, the need to obtain the prior written consent of Sublessor and Landlord thereto). Sublessee agrees to deliver its plans and specifications for any Alterations to be performed by or on behalf of Sublessee during the Early Access Period simultaneously to Landlord and to Sublessor. Sublessor's consent to such Alterations shall not be unreasonably withheld and shall be given or denied within three (3) business days after Sublessor's receipt of Landlord's written consent to such Alterations. Without limiting the generality of the foregoing, the Parties agree that it shall be reasonable for Sublessor to withhold its consent to any Alterations (i) which have not been approved by Landlord, or (ii) which have been approved by Landlord, but which Landlord has notified Sublessor (and/or Sublessee), at the time of Landlord's approval of such Alterations, will be required to be removed from the Sublet Space upon the expiration or earlier termination of the Master Lease.

Early Access Period. except Commencing on the date by which all of the following conditions (collectively, the “Access Conditions”) have been satisfied and continuing to the Commencement Date (the “Early Access Period”), Sublessee shall have the right to access the Premises for the purpose of preparing the Premises for Sublessee’s use and occupancy thereof, including the installation of the approved “Tenant Improvements” (defined below), and Sublessee’s furniture, fixtures and equipment therein. As referenced herein, the “Access Conditions” shall mean and include: (i) this Sublease has been fully executed and delivered by the parties hereto; (ii) Sublessor has received Master Lessor’s written consent to this Sublease; (iii) Sublessor has received the first (1st) monthly installments of Monthly Base Rent payable under Paragraph 4.3 of this Sublease; (iv) Sublessee has delivered to Sublessor the Letter of Credit to be provided by Sublessee upon the execution and delivery of this Sublease (pursuant to Paragraph 5); and (v) Sublessor has received insurance certificates evidencing that Sublessee is carrying the insurance required to be carried by Sublessee pursuant to Paragraph 21 of this Sublease. During such Early Access Period, all of the applicable terms and conditions of this Sublease shall apply to Sublessee’s use and occupancy of the Premises and all work conducted therein, provided that, Sublessee shall not be obligated to pay during Monthly Base Rent or Tenant’s Share of Operating Expenses until the Early Access Period (i) Basic Rent, (ii) Real Estate Taxes, (iii) insurance maintained by Landlord pursuant to the Master Lease, (iv) utilities or (v) the cost of maintaining the landscape areas within the Building Common Area. Without limiting the generality of the foregoing, Commencement Date occurs; it being understood that Sublessee shall be responsible for repairing, at its costobligated to pay all other Additional Rent applicable to the Premises during such Early Occupancy Period. Further, any damage work to the Building or the Building Common Area arising out of or resulting from Sublessee's performance of any Alterations (as defined in the Master Lease) and/or installation of equipment, furniture or other personal property during the Early Access Period. Sublessee's early access shall also be conditioned upon Sublessee's not being in default hereunder and the Parties having received the prior written consent of Landlord to this Sublease. Any Alterations performed by Sublessee during or its contractors within the Early Access Period Premises shall be performed in strict accordance with the terms of Paragraph 14 of this Sublease (including, without limitation, the need to obtain the prior written consent of Sublessor and Landlord thereto). Sublessee agrees to deliver its plans and specifications for any Alterations to be performed by or on behalf of Sublessee during the Early Access Period simultaneously to Landlord and to Sublessor. Sublessor's consent to such Alterations shall not be unreasonably withheld and shall be given or denied within three (3) business days after Sublessor's receipt of Landlord's written consent to such Alterations. Without limiting the generality of the foregoing, the Parties agree that it shall be reasonable for Sublessor to withhold its consent to any Alterations (i) which have not been approved by Landlord, or (ii) which have been approved by Landlord, but which Landlord has notified Sublessor (and/or Sublessee), at the time of Landlord's approval of such Alterations, will be required to be removed from the Sublet Space upon the expiration or earlier termination of the Master LeaseSublease.

Early Access Period. except Commencing on the Effective Date hereof but subject to the satisfaction of the conditions precedent set forth in this Section 3 (the “Early Access Period”), Tenant shall have the right to access the Expansion Premises for the purpose of the installation of furniture, fixtures and equipment including laboratory set up therein; provided, however, that Sublessee during such Early Access Period, all of the terms and conditions of this Lease shall apply; provided further, however, that during such Early Access Period, Tenant shall not be obligated to pay during Base Rent or Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs or Utility Expenses for the Early Access Period (i) Basic RentPremises so accessed by Tenant until the occurrence of the Expansion Premises Commencement Date. Such early access shall be at Tenant’s sole risk and conditioned upon full execution of this Amendment and delivery to Landlord of payment of Base Rent and Tenant’s Share of Additional Rent for the first month of the Expansion Premises term, (ii) Real Estate Taxesthe Security Deposit, (iii) and insurance maintained by Landlord certificates evidencing that Tenant has obtained the insurance required pursuant to the Master Lease, (iv) utilities or (v) the cost of maintaining the landscape areas within the Building Common Area. Without limiting the generality of the foregoing, Sublessee Tenant shall be responsible for repairing, at not conduct its cost, any damage to the Building or the Building Common Area arising out of or resulting from Sublessee's performance of any Alterations (as defined business in the Master Lease) and/or installation of equipment, furniture or other personal property Expansion Premises at any time during the such Early Access Period. Sublessee's early access shall also be conditioned upon Sublessee's not being in default hereunder and the Parties having received the prior written consent of Landlord In addition to this Sublease. Any Alterations performed by Sublessee during the Early Access Period shall be performed in accordance with the terms of this Sublease (including, without limitation, the need to obtain the prior written consent of Sublessor and Landlord thereto). Sublessee agrees to deliver its plans and specifications for any Alterations to be performed by or on behalf of Sublessee during the Early Access Period simultaneously to Landlord and to Sublessor. Sublessor's consent to such Alterations shall not be unreasonably withheld and shall be given or denied within three (3) business days after Sublessor's receipt of Landlord's written consent to such Alterations. Without limiting the generality of the foregoing, Landlord shall have the Parties agree that it right to impose such reasonable additional conditions on Tenant’s early entry as Landlord shall be reasonable for Sublessor to withhold its consent to any Alterations (i) which have not been approved by Landlord, or (ii) which have been approved by Landlord, but which Landlord has notified Sublessor (and/or Sublessee), at the time of Landlord's approval of such Alterations, will be required to be removed from the Sublet Space upon the expiration or earlier termination of the Master Leasedeem appropriate.

Early Access Period. except Commencing on the date hereof but subject to the satisfaction of the conditions precedent set forth in this Section 3 (the “Early Access Period”), Tenant shall have the right to access the Expansion Premises for the purpose of the installation of furniture, fixtures and equipment including laboratory set up therein; provided, however, that Sublessee during such Early Access Period, all of the terms and conditions of this Lease shall apply; provided further, however, that during such Early Access Period, Tenant shall not be obligated to pay during Base Rent or Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs or Utility Expenses for the Early Access Period (i) Basic RentPremises so accessed by Tenant until the occurrence of the Expansion Premises Commencement Date. Such early access shall be at Tenant’s sole risk and conditioned upon full execution of this First Amendment and delivery to Landlord of payment of Base Rent and Tenant’s Share of Additional Rent for the first month of the Expansion Premises, (ii) Real Estate Taxesthe Security Deposit, (iii) and insurance maintained by Landlord certificates evidencing that Tenant has obtained the insurance required pursuant to the Master Lease, (iv) utilities or (v) the cost of maintaining the landscape areas within the Building Common Area. Without limiting the generality of the foregoing, Sublessee Tenant shall be responsible for repairing, at not conduct its cost, any damage to the Building or the Building Common Area arising out of or resulting from Sublessee's performance of any Alterations (as defined business in the Master Lease) and/or installation of equipment, furniture or other personal property Expansion Premises at any time during the such Early Access Period. Sublessee's early access shall also be conditioned upon Sublessee's not being in default hereunder and the Parties having received the prior written consent of Landlord In addition to this Sublease. Any Alterations performed by Sublessee during the Early Access Period shall be performed in accordance with the terms of this Sublease (including, without limitation, the need to obtain the prior written consent of Sublessor and Landlord thereto). Sublessee agrees to deliver its plans and specifications for any Alterations to be performed by or on behalf of Sublessee during the Early Access Period simultaneously to Landlord and to Sublessor. Sublessor's consent to such Alterations shall not be unreasonably withheld and shall be given or denied within three (3) business days after Sublessor's receipt of Landlord's written consent to such Alterations. Without limiting the generality of the foregoing, Landlord shall have the Parties agree that it right to impose such reasonable additional conditions on Tenant’s early entry as Landlord shall be reasonable for Sublessor to withhold its consent to any Alterations (i) which have not been approved by Landlord, or (ii) which have been approved by Landlord, but which Landlord has notified Sublessor (and/or Sublessee), at the time of Landlord's approval of such Alterations, will be required to be removed from the Sublet Space upon the expiration or earlier termination of the Master Leasedeem appropriate.

Early Access Period. Notwithstanding the fact that the Lease Term has not commenced, Landlord agrees to use its commercially reasonable efforts to permit Tenant to enter the Premises in order to commence the installation of its equipment and personal property approximately fifteen (15) days prior to the Lease Commencement Date and on that date (the "Estimated Early Access Date") (such early access period being hereinafter referred to as the "Early Access Period"). Such entry shall be subject to all of the conditions set forth in this paragraph below. Such early entry is conditioned upon Tenant and its contractors, employees, agents and invitees working in harmony and not interfering with Landlord and its contractors and Landlord may immediately terminate such early entry in the event of any such interference. Tenant agrees that any such early entry is subject to all of the terms and conditions of this Lease, except that Sublessee for those relating to the payment of rent and other recurring monetary obligations which have a specific commencement time, which provisions will become applicable in accordance with the terms of this Lease; provided, however, if Tenant occupies and commences operation of its business from within any portion of the Premises prior to the Lease Commencement Date, then Tenant shall not be obligated to pay during to Landlord the Early Access Period (i) Basic Rentactual electricity, (ii) Real Estate Taxesgas, (iii) insurance maintained water, waste disposal and janitorial costs incurred by Landlord pursuant with respect to the Master Lease, (iv) utilities or (v) Premises prior to the cost of maintaining the landscape areas within the Building Common AreaLease Commencement Date. Without limiting the generality of the foregoing, Sublessee such early occupancy shall be responsible for repairing, at its cost, any damage conditioned upon Tenant first delivering to Landlord proof of Tenant's insurance as required hereunder and Tenant shall be specifically bound by the Building or the Building Common Area arising out terms of or resulting from Sublessee's performance Articles 5 (Use of any Alterations Premises) and 10 (as defined in the Master LeaseInsurance) and/or installation of equipment, furniture or other personal property this Lease during the such Early Access Period. Sublessee's early access shall also be conditioned upon Sublessee's not being in default hereunder and the Parties having received the prior written consent of Landlord to this Sublease. Any Alterations performed by Sublessee during the Early Access Period shall be performed in accordance with the terms of this Sublease (including, without limitation, the need to obtain the prior written consent of Sublessor and Landlord thereto). Sublessee agrees to deliver its plans and specifications for any Alterations to be performed by or on behalf of Sublessee during the Early Access Period simultaneously to Landlord and to Sublessor. Sublessor's consent to such Alterations shall not be unreasonably withheld and shall be given or denied within three (3) business days after Sublessor's receipt of Landlord's written consent to such Alterations. Without limiting the generality of the foregoing, the Parties agree that it shall be reasonable for Sublessor to withhold its consent to any Alterations (i) which have not been approved by Landlord, or (ii) which have been approved by Landlord, but which Landlord has notified Sublessor (and/or Sublessee), at the time of Landlord's approval of such Alterations, will be required to be removed from the Sublet Space upon the expiration or earlier termination of the Master Lease.