Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 2 contracts
Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide allow Tenant with early access to the Premises on approximately forty five (45) days prior to LI Substantial Completion, provided that all of the latest to occur of following have occurred: (i) the first (1st) Business Day following the date of mutual execution this Lease is fully executed and delivery of this Lease, delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first (1st) Business Day following month’s Base Rent pursuant to Section 3.01 and the date on which Landlord determines the Premises is free and clear of any existing tenancy, Security Deposit pursuant to Section 3.02; and (iii) fifteen (15) days prior Tenant has delivered to LandlordLandlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s then-estimated vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date of delivery that Landlord delivers written notice of the Premises (in commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any case, of the “Access Date”). Such period of conditions for early access shall commence on the Access Date and continue through the date immediately preceding not extend or delay the Commencement Date (the “Early Access Period”), and Date. The purpose of Tenant’s early access during is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Early Access Period Premises shall be subject to all of the terms and conditions provisions of this Lease. However, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement early access of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration not advance the expiration date of the Commencement Date to the date this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s initial conduct of business in at the Premises. During Notwithstanding anything to the Early Access Periodcontrary in this Lease, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress Landlord and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such reasonably cooperate in order to ensure that Tenant’s early access and installation shall be permitted only to the extent that such early access and installation activities will occupancy does not interfere with the access, use and occupancy work of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant its contractors and in the condition required under this Lease. The provisions event of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Periodany interference, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the Early Access Period without period of early access at Tenant’s sole risk. Landlord shall not be liable for any liabilitydestruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Permitted Uses. The early access period shall end upon the occurrence of the Commencement Date defined in Section 1.04.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent terms and the Letter of Credit as required elsewhere conditions set forth in this LeaseSection 2.5, and commencing promptly after Landlord commences construction of the insurance certificates evidencing Tenant’s insurance policies required under this LeaseTenant Improvements, Landlord Tenant shall provide Tenant with early have access to the Premises on solely for the latest to occur 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 (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1520) days prior to LandlordSubstantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s then-estimated date 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 delivery this Lease or which shall interfere with or delay the performance of the Premises 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 any case, the “Access Date”)Building. Such period of early access by Tenant shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be deemed to be subject to all of the terms and conditions applicable provisions of this Lease, except for Tenant’s that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent (which obligation shall commence upon or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises and (but not any other portion of the Building or the Project other than for ingress and egressb) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall not be solely responsible for all of the foregoing and for any loss deemed thereby to have taken or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and comply or cause its agents and contractors, reasonably satisfactory contractors to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable any of the obligations described or referred to such early access work in the Premises. If above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord reasonably determines that may revoke Tenant’s early right of access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in until the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityCommencement Date.
Appears in 2 contracts
Samples: Office Lease (Celator Pharmaceuticals Inc), Office Lease (Celator Pharmaceuticals Inc)
Early Access. (i) Subject to Tenantreceipt of Master Landlord’s delivery of an executed original of this LeaseConsent, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Subtenant shall provide Tenant with have early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery portion of the Subleased Premises consisting of approximately 9,789 rentable square feet as shown on Exhibit D hereto and identified therein as “Initial ConforMIS Space” (in any case, the “Early Access Area”) for the period commencing on June 15, 2012, or such earlier date as Sublandlord may determine in its sole discretion (the “Early Access Date”). Such period of early access shall commence on ) until the Access Date and continue through the date immediately preceding the Sublease Commencement Date (the “Early Access Period”), for the purposes of installing its telecommunications equipment, validating business equipment and Tenantoperating any such validated equipment in support of Subtenant’s access during standard business operations (the “Early Access Period Work”). All Early Access Work shall be subject performed in accordance with the terms of the Master Lease, including but not limited to all Section 6 thereof. In the event of a conflict between the terms and conditions of the Master Lease and the terms and conditions of this LeaseSection 2(d), the Master Lease shall control.
(ii) Subtenant’s early access rights granted herein shall be subject to all the terms and conditions of this Sublease, including without limitation all insurance and maintenance obligations, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of that no Base Rent provided in or Additional Rent under Section 4(d) herein will be charged to Subtenant during the Basic Lease Information)Early Access Period. Notwithstanding the foregoing, Subtenant will be responsible for paying the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During Estimated Electricity Usage Charge during the Early Access Period, Tenant may enter Period based only on the Premises (but not any other 1st floor portion of the Building or Early Access Area, as provided for in Section 5(a) below.
(iii) Prior to the Project other than for ingress Early Access Date, Sublandlord will, at its sole cost and egress) for expense, construct such demising partitions as may be necessary in Sublandlord’s sole discretion to separate the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all Early Access Area from the remainder of the foregoing Subleased Premises. Sublandlord shall remove such demising partitions at Sublandlord’s expense at the end of the Early Access Period and for repair any loss or damage thereto from any cause whatsoever. Such early access caused by the removal of the partitions and installation shall be permitted only restore to the extent its previous condition.
(iv) Subtenant agrees that such early access and installation activities (i) it will use commercially reasonable efforts to not interfere with Sublandlord’s use of or access to the access, use and occupancy remainder of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Subleased Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (xii) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant Subtenant and its agents contractors shall conduct the Early Access Work in a manner that shall minimize disruption and contractors, reasonably satisfactory inconvenience to Landlord, prior to other tenants and as a condition to such early accessoccupants of the Building, and (yiii) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that TenantSublandlord’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord representative shall have the right to limit inspect any work performed by Subtenant or otherwise restrict Tenant’s access its contractor during the normal hours of operation of the Building or such other hours as Sublandlord may reasonably request.
(v) Sublandlord makes no representation or warranty that the Early Access Period without Area will be adequate to satisfy Subtenant’s needs with respect to the Early Access Work. Subtenant has previously inspected the Early Access Area and has satisfied itself as to the adequacy of such space. Notwithstanding the foregoing, Sublandlord agrees to cooperate with Subtenant and allow Subtenant reasonable access to other portions of the Subleased Premises to the extent reasonably necessary to perform the Early Access Work, which access (i) shall be requested (in writing, if commercially practicable, otherwise orally) at least twenty-four (24) hours in advance and (ii) may require, at Sublandord’s sole discretion, continuous escort by authorized personnel of Sublandlord.
(vi) Subtenant agrees to comply with the following terms and conditions during the performance of the Early Access Work:
(A) Subtenant shall keep all public and common areas of the Building where such work is being performed neat and clean at all times and Subtenant shall remove or cause all debris to be removed from the Building at the end of each work day.
(B) Subtenant shall promptly repair, at its sole cost and expense, any liabilitydamage done to the Building or to the premises of any other tenant in the Building and to any existing heating, ventilating and air conditioning system (“HVAC”), electrical, plumbing, fire alarm, sprinkler and lighting systems serving the Building or other common areas appurtenant to the Building that are caused by or arise out of any work performed by Subtenant or its contractor pursuant to this Section.
(C) Any contractor performing such Early Access Work shall be subject to the prior written approval of Sublandlord, which approval shall not be unreasonably withheld, conditioned or delayed, and Master Landlord if required pursuant to the terms and conditions of the Master Lease.
(D) In performing such work, Subtenant and its contractor shall observe Master Landlord’s and Sublandlord’s commercially reasonable rules and regulations regarding the construction, installation, and removal of tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Subtenant, in writing, prior to enforcement.
(E) Subtenant shall be solely responsible at its sole cost and expense to correct and to repair any work or materials installed by Subtenant or Subtenant’s contractor, and Sublandlord shall have no liability to Subtenant whatsoever on account of any work performed or material provided by Subtenant or its contractor.
(F) All work done and materials furnished by Subtenant and/or its contractor shall be of such quality, shall be performed in such manner and in accordance and compliance with such Laws (as hereinafter defined) as required for work done and materials furnished by Sublandlord and/or its contractor pursuant to the Master Lease.
Appears in 2 contracts
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere (i) Notwithstanding anything contained in this Lease, and Lease to the insurance certificates evidencing Tenant’s insurance policies required under this Leasecontrary, Landlord shall provide allow Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (for the “Early Access Period”), and purpose of performing the Tenant Improvements. Tenant’s access during entry to the Early Access Period Premises for any purpose prior to the Commencement Date shall be subject to all of scheduled in advance with Landlord. Such access shall be governed by the terms and conditions of this Lease; however, in no event shall any Base Rent or Additional Rent be payable during such early access period. Any Tenant Improvements performed by Tenant during such early access period shall be completed in compliance with the provisions of this Lease. Tenant shall coordinate its work reasonably with Landlord to ensure that Tenant’s access does not interfere with Landlord’s Work.
(ii) Prior to any early occupancy by Tenant, Tenant shall have delivered to Landlord certificates of Insurance confirming that Tenant has in force the insurance required by this Lease. Prior to commencement of any Tenant Improvements by Tenant, Tenant shall have delivered to Landlord evidence of insurance as required by Section 5.1.1 and identifying Landlord, Manager, Bentall Xxxxxxx (U.S.) Limited Partnership, NewTower Trust Company, and each of their agents, affiliates, members, directors, officers and employees as additional named insureds. Tenant’s entry into the Premises prior to the Commencement Date shall be at Tenant’s risk and Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of the Tenant Improvements in the Premises or to properties placed therein, except for Tenant’s the gross negligence or willful misconduct of Landlord, and subject to all of the terms of this Lease (other than the obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in and Additional Rent).
(iii) Upon substantial completion of all of the Basic Lease Information). Notwithstanding the foregoingTenant Improvements, the conduct of business in Tenant shall be entitled to occupy the Premises shall cause an immediate acceleration of for business prior to the Commencement Date subject to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 terms of this Lease shall apply in full during (other than the Early Access Period, obligation to pay Base Rent and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityAdditional Rent).
Appears in 2 contracts
Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Early Access. Subject Subtenant and Subtenant’s representatives shall have the right to Tenant’s delivery enter each Phase of an executed original of this Lease, the prepaid Base Rent Subleased Premises from and after the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest later to occur of (i) October 1, 2015, in the first case of Phase 1, and January 1, 2017, in the case of Phase 2 (1st) Business Day following or such earlier date as Sublandlord may make either Phase of the date of mutual execution Subleased Premises available for entry by Subtenant), and delivery of this Lease, (ii) the first Consent Date, so long as and on the condition that prior to such entry Subtenant shall have delivered to Sublandlord (1stA) Business Day following the date on which Landlord determines pre-paid Monthly Rent required pursuant to Section 3.3 below, (B) the Premises is free and clear of any existing tenancySecurity required pursuant to Section 4 below, and (iiiC) fifteen evidence of Subtenant’s procurement of all insurance coverage required hereunder (15) days prior the date upon which Subtenant first has such access to Landlord’s then-estimated date of delivery each Phase of the Subleased Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (being referred to herein as the “Early Access PeriodDate”)) 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 with respect to each Phase of the Subleased Premises (other than Subtenant’s obligation to pay Monthly Rent with respect to such Phase, but expressly including, without limitation, Subtenant’s obligation to pay utility charges and Tenant’s access during Allocable Share of Reimbursable Operating Costs. Subtenant’s obligation to carry insurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Period Date for such Phase of the Subleased Premises. Subtenant shall reasonably coordinate such entry with Sublandlord, and such entry shall be subject to made in compliance with all of the terms and conditions of this LeaseSublease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject Master Lease and the rules and regulations attached to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Master Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 2 contracts
Samples: Sublease (Roku, Inc), Sublease (Roku, Inc)
Early Access. Subject 5.3.1 If Tenant elects to use Landlord’s Contractor to construct the Tenant Improvements, Tenant and its authorized agents, employees and contractors shall, at all reasonable times during the thirty (30) day period prior to the Turnover Date for each floor as set forth in Article 5.1.2, have the right, at Tenant’s delivery and Tenant’s agents’, employees’ and contractors’ own risk, expense and responsibility, to have access to such floor or space solely for the purpose of an executed original of this Leasepreparing such floor for Tenant’s Open for Business Date, the prepaid Base Rent subject to all applicable laws, ordinances, regulations, covenants and the Letter of Credit as required elsewhere in this Leaserestrictions from any governmental authorities, and provided that in so doing Tenant shall not unreasonably interfere with or delay the insurance certificates evidencing Base Building Work or Tenant Improvements to be performed by Landlord’s Contractor within such phase or floor or within any other floors within the Building. In connection with Tenant’s insurance policies required under this Leaseearly access rights, Landlord shall covenants and agrees to provide Tenant and its authorized agents, employees and contractors with early access to the Premises on the latest to occur of (i) within the first (1st) Business Day following Building through such Building Commons Areas, including, without limitation, hallways, loading docks and elevators within the date of mutual execution Building as are reasonably necessary to gain access to and delivery of from any floor delivered to Tenant pursuant to this Lease, Article 5 and (ii) to and from the first Building over and across the Project Common Areas to any and all public rights of way sufficient for Tenant to construct the Demised Premises, such access rights being granted for the purposes of allowing Tenant to (1stA) Business Day following complete construction of the date on which Landlord determines Tenant Improvements, if applicable, (B) prepare to begin its beneficial interest in the Premises is free and clear of any existing tenancyDemised Premises, i.e., to open for business, and (iiiC) fifteen (15) days obtain necessary temporary or permanent certificates of occupancy. Subject to the waivers of subrogation set forth in Article 17, if, upon Tenant’s use of any such Building Common Areas or Project Common Areas, such Building Common Areas or Project Common Areas are damaged in any way by Tenant or its authorized agents, employees or contractors, Tenant shall be responsible for and diligently repair any such damage as soon as practical.
5.3.2 If Tenant or its authorized agents, employees and contractors is granted access to any portion of the Building prior to Landlord’s then-estimated date of delivery of the Premises (Turnover Date in any caseaccordance with this Article 5.3, the “Access Date”). Such period of early access Tenant and its authorized agents, employees and contractors shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of each abide by the terms and conditions of this Lease, except for Tenant’s provided that upon any such access by the Tenant or its agents, employees or contractors, then (a) Tenant shall have no obligation to pay the Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant portion thereof until it becomes due in the condition required under this Lease. The provisions of Sections 8(aaccordance with Article 6 and (b) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory not be deemed to Landlord, prior to and have commenced as a condition to result of such early access, and (y) comply with all Laws applicable to such early access work in for purposes of calculating the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityTerm.
Appears in 2 contracts
Samples: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early Sublessor will allow Sublessee access to the Premises on Remainder Space (except for Suite 150) from and after the latest to occur of (i) Vivarium Commencement Date and continuing through the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancyExpansion Commencement Date, and (iii) fifteen (15) days prior will allow Sublessee access to Landlord’s then-estimated date of delivery of the Premises (in any caseSuite 150 from and after November 1, the “Access Date”). Such period of early access shall commence on the Access Date 2018 and continue continuing through the date immediately preceding the Expansion Commencement Date (the “Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, and Tenant’s access but will be responsible for the payment of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period shall will be subject to all pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the terms Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and conditions until it provides proof of this Lease, except for Tenantinsurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Informationutility costs). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration event that Sublessor has not tendered delivery of the Commencement Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) monthly Base Rent otherwise payable for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of first (1st) month after the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityExpansion Commencement Date.
Appears in 2 contracts
Samples: Sublease (Gossamer Bio, Inc.), Sublease (Gossamer Bio, Inc.)
Early Access. Subject to the terms herein and Tenant’s delivery of an executed original of this Leasecompliance with all applicable Laws, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with early have reasonable access to the Premises on the latest to occur of (i“Early Access”) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery during completion of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject Leasehold Improvements to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date coordinate installation of Tenant’s initial conduct of business cabling and wiring and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in the Premises. During the any such case Tenant’s Early Access Perioddoes not unreasonably interfere with, Tenant may enter the Premises (but not any other portion or unreasonably delay completion of the Building or Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Lease. Tenant shall be solely fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation Lease shall be permitted only to the extent in full force and effect during Early Access. Tenant shall ensure that such early access its phone/data, security, and installation activities will not interfere other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the access, use and occupancy Leasehold Improvements so as not to delay completion of the Building or the Project by Landlord or Leasehold Improvements and any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Leaseand all inspections therefor. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents contractors shall coordinate all activities with Landlord in advance and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early accessin writing, and (y) shall comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines Landlord’s instructions and directions so that Tenant’s early access is interfering in entry does not interfere with or delay any material way with work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Workobtain its permits, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitybe deemed a Tenant Delay.
Appears in 2 contracts
Samples: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original the provisions of this LeaseSection 2.7, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with early have access to the Premises on as of January 4, 2021, provided that the latest walls and floors are sufficiently accessible and open to occur allow the installation of fixtures and provided that Tenant’s access does not materially interfere with Landlord’s Work in the Building. Early access must be coordinated upon the mutual agreement of the parties. During such period, Tenant and Tenant’s contractors may install Tenant’s required fixtures, Tenant’s racking systems, conveyors and other material handling equipment, communications infrastructure, IT, telephone and security systems and any IT required cabling (i) collectively, “Fixturization”). During any Fixturization period, Tenant shall coordinate all Fixturization with Landlord so as not to interfere with, disrupt or delay in any way the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear completion of any existing tenancyof Landlord’s Work, and (iii) fifteen (15) days prior failure to Landlorddo so will constitute a Tenant Delay. Excluding the obligation to pay any form of Rent, Tenant’s then-estimated date of delivery early access to any portion of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall Fixturization will be subject to all of the terms and conditions of this Leasethe Lease (including all insurance requirements) and these construction provisions. Landlord will not be responsible for any damage caused by Tenant, except for Tenant’s obligation its agents, employees, contractors, subcontractors, independent contractors or suppliers during any period of Fixturization. Further, notwithstanding anything to pay Rent (which obligation the contrary in the foregoing, Tenant shall commence upon not conduct business operations in the Premises prior to the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of .
2.7.1 Tenant’s initial conduct of business in early access will be conditioned upon Tenant delivering to Landlord the Premises. During Security Deposit and all insurance certificates required to be delivered pursuant the Early Access PeriodLease, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all the walls and floors are sufficiently accessible and open to allow the installation of the foregoing and for any loss or damage thereto from any cause whatsoeverfixtures. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, Immediately prior to and as a condition to such early access, Fixturization or use, Tenant and Landlord shall jointly inspect the areas to be occupied or portion of the Work to be used to determine and record the status of completion and the condition of the Work. Landlord and Tenant acknowledge that (ya) comply with all Laws applicable to such early access work construction of the Work in certain areas of the Premises. If Landlord reasonably determines that Building required by Tenant for Fixturization may not be Substantially Complete upon Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Workthereto, then (b) Landlord shall have has the right to limit coordinate the completion of the Landlord’s Work with Fixturization as described elsewhere in this Work Letter, (c) without Landlord’s prior consent, Tenant will not schedule any Fixturization in areas which are not then scheduled to be completed by Landlord pursuant to the applicable construction schedule, and (d) unless otherwise mutually agreed, early access to or otherwise restrict use by Tenant of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements therefor as described in this Work Letter.
2.7.2 Tenant may perform construction or operations related to Tenant’s Fixturization with Tenant’s own forces or separate contractors under contracts containing terms and conditions substantially similar to this Work Letter as to safety, insurance and waiver of subrogation. Tenant shall provide or cause to be provided to Landlord a certificate of insurance for each separate contractor prior to such separate contractor’s commencement of work on the Property; Landlord reserves the right to (i) refuse entry onto the Property to a separate contractor for whom Landlord has no certificate of insurance and (ii) order any separate contractor that in the commercially reasonable opinion of Landlord exercised in good faith is using unsafe building practices and/or that fails to abide by federal, state, and local laws and regulations for jobsite safety or other applicable law to stop work, provided Landlord gives simultaneous notice thereof to Tenant and Tenant’s Representative. Tenant hereby acknowledges and agrees that during any period of early access during to the Early Access Period without Property by Tenant’s own forces or separate contractors which occurs prior to the Commencement Date of the Lease, (a) subject to the terms of this Work Letter, the storage and installation of fixtures and personal property (including equipment and inventory) in the Property shall be at Tenant’s sole risk, cost and expense, (b) Landlord shall not be liable for and Tenant hereby releases Landlord from any liabilityand all liability for theft thereof or damage thereto, unless caused by the negligence or willful misconduct of Landlord or any contractors or subcontractors of Landlord, and (c) Tenant will reimburse Landlord for any damages to Landlord’s Work (and the reasonable cost to repair same) caused by Tenant’s own forces or separate contractors within 30 days after receipt of an invoice therefor.
Appears in 1 contract
Samples: Lease Agreement (Leatt Corp)
Early Access. Subject Prior to the date the Landlord Work is Substantially Complete, Tenant’s delivery access to the Premises, for the sole purpose of an executed original performing improvements or installing furniture, equipment or other personal property, shall be permitted only with the prior written consent of this Lease, the prepaid Base Rent and the Letter of Credit Landlord. Except as required elsewhere set forth in this Leasesection, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on shall be subject to the latest to occur of (i) the first (1st) Business Day following the date of mutual execution terms and delivery conditions of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines . If such early access to the Premises is free permitted by Landlord, Tenant shall not be required to pay Base Rent and clear Tenant’s Pro Rata Share of Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any existing tenancyother Project services requested by Tenant. In connection with the foregoing, and (iii) fifteen (15) days Landlord agrees that Tenant may enter the Premises prior to Substantial Completion of the Landlord Work for the sole purpose of inspecting Landlord’s then-estimated date Work and installation of delivery of the Premises (in any casefurniture, the “Access Date”). Such period of early access shall commence on the Access Date fixtures, equipment and continue through the date immediately preceding the Commencement Date all related network and telecommunications cabling (the “Early Access PeriodEntry”)) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and Tenant’s access during the further provided that such Early Access Period Entry shall be subject to all of the terms and conditions of contained in this Lease, except for Tenant’s obligation to pay Rent Lease (which obligation shall commence upon other than the Commencement Date, subject to the abatement payment of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of and Tenant’s initial conduct Pro Rata Share of business Excess Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Prior to any such Early Access PeriodEntry, and Tenant shall (x) provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines event that Tenant’s early access is interfering in any material way Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s ability to deliver possession operations or the operations of the Premises other tenants in the condition required under this Lease and/or to complete the WorkBuilding, then Landlord shall have the may terminate Tenant’s right to limit or otherwise restrict Tenant’s access during Early Entry, and any delay in the Landlord Work attributable to such Early Access Period without any liabilityEntry will be deemed a Tenant Delay as provided in this Lease.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original the terms of this LeaseSection 2.3, and provided that this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, the prepaid Base Rent and the Letter of Credit L-C (as required elsewhere defined in this LeaseSection 21.1), and the insurance certificates evidencing Tenant’s insurance policies required under this Leasehereunder, Landlord shall provide grants Tenant with early access the right to the Premises on the latest to occur of enter (i) the first (1st) Business Day following the date Phase I Premises as of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines delivers the entirety of the Phase I Premises is free and clear of any existing tenancyto Tenant in the Delivery Condition (the “Phase I Premises Delivery Date”); provided that in no event shall the Phase I Premises Delivery Date be prior to the Target Phase I Premises Delivery Date, and (iiiii) fifteen (15) days prior to Landlord’s then-estimated date of delivery the Phase II Premises as of the date on which Landlord delivers no less than seven (7) full floors of the Phase II Premises to Tenant in the Delivery Condition (in any case, the “Access Phase II Premises Delivery Date”); provided that in no event shall the Phase II Premises Delivery Date be prior to the Target Phase II Premises Delivery Date and provided further that if Landlord delivers less than the entirety of the Phase II Premises on the Phase II Premises Delivery Date, Landlord shall deliver the remainder of the Phase II Premises promptly upon Landlord’s possession of same. Landlord shall not be permitted to deliver less than seven (7) full floors of the Phase II Premises on the Phase II Premises Delivery Date. Tenant’s early access pursuant to this Section 2.3 shall be at Tenant’s sole risk, solely for the purpose of performing the Improvements (as defined in Exhibit B attached hereto), installing telecommunications and data cabling, equipment, furnishings and other personalty and moving into the Phase I Premises and the Phase II Premises. Such period of early access shall commence on possession prior to the Access Date and continue through the date immediately preceding the Lease Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay for freight elevator usage, security, access to loading docks, utilities, HVAC (as such term is defined in Section 6.1.1 below), Base Rent or Tenant’s obligation Share of Direct Expenses with respect to the period of time prior to the applicable Lease Commencement Date during which Tenant occupies the Premises solely for such purposes (the “Construction Period”) and to the extent Landlord fails to deliver at least seven (7) floors of the Phase II Premises on the Phase II Premises Delivery Date, the Construction Period for the floors of the Phase II Premises delivered after the Phase II Premises Delivery Date shall be extended by the number of days in the period commencing on the Phase II Premises Delivery Date and ending on the actual date of delivery of such floors; provided, however, that during the Construction Period Tenant shall be obligated to pay Rent (which obligation shall commence a) the costs and expenses, calculated in accordance with the TCCs of Section 6.2, associated with any HVAC provided to Tenant after Building Hours (as defined below) at Tenant’s request and (b) Landlord’s reasonable costs and expenses to provide any additional Building security after Building Hours required due to any reasonable increased risk to property at the Building from Tenant’s construction activities as mutually agreed upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information)by Landlord and Tenant or as may otherwise be required by applicable Law. Notwithstanding the foregoing, if Tenant takes possession of the Phase I Premises prior to the Phase I Premises Lease Commencement Date and/or the Phase II Premises prior to the Phase II Premises Lease Commencement Date for the conduct of business in Tenant's business, Tenant’s possession thereof shall be subject to the Premises terms and conditions of this Lease and Tenant shall cause an immediate acceleration pay Base Rent and any other Rent applicable to such portion of the Commencement Date Phase I Premises and/or the Phase II Premises (on a suite by suite basis) and payable hereunder to Landlord for each day of possession following the date of Tenant’s initial upon which Tenant commences conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other on such portion of the Building or Premises until the Project other than for ingress and egress) for Phase I Premises Lease Commencement Date and/or the sole purpose Phase II Premises Lease Commencement Date, as applicable. During any period of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the accessas set forth in this Section 2.3, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to in no event may Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to cause a dangerous situation for Landlord, prior to and as a condition to such Tenant or their respective contractors or employees. Said early access, and (y) comply with all Laws applicable to such early access work in possession shall not advance the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityExpiration Date.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Early Access. Subject to For the purpose of Tenant completing Tenant’s delivery of an executed original Work, as set forth in Exhibit B, and subject to the terms and conditions of this LeaseSection 4.5, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Landlord agrees to grant Tenant (or Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early designated contractor or service person) access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery the Delivery of the Premises (in any case, as long as such access does not interfere with or delay the “Access Date”). Such period performance of early access shall commence on Landlord’s work required to satisfy the Access Date and continue through requirements for the date immediately preceding Delivery of the Commencement Date Premises (the “Early Access Period”), and . Any delays in the completion of the Landlord’s work required for the satisfaction of the Delivery of the Premises conditions set forth in Section 3.3 above attributable to Tenant’s access activities in the Premises during the Early Access Period shall accelerate the Delivery of the Premises and the Commencement Date by one day for each day of such Tenant delays. Unless Landlord otherwise agrees thereto in writing, Tenant shall have no right to occupy all or any part of the Premises prior to Delivery of the Premises. Such Early Access Period shall not advance the Commencement Date or the Expiration Date, but such access shall be subject to all of the terms and conditions provisions of this Lease, except for excluding payment of monthly Base Rent, Tenant’s obligation Share of Operating Expenses and Tenant’s payment of any applicable utility charges for such Early Access Period preceding the Delivery of the Premises. From the Delivery of the Premises until the Commencement Date (the “Early Occupancy Period”), Tenant shall have unrestricted access to pay Rent the Premises in order to perform Tenant’s Work. Tenant shall have no right to occupy all or any part of the Premises during the Early Occupancy Period other than to perform the Tenant’s Work. Such Early Occupancy Period shall not advance the Commencement Date or the Expiration Date; but such access shall be subject to all provisions of this Lease, excluding payment of monthly Base Rent, Tenant’s Share of Operating Expenses (which obligation shall commence upon but subject to Tenant’s payment of any applicable utility charges for such Early Occupancy Period preceding the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or Premises shall also be subject to the Project by Landlord or following terms and conditions:
(a) Prior to any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Periodsuch access, and Tenant shall (xhave delivered to Landlord a certificate(s) provide certificates of insurance evidencing the existence and amounts of liability for all insurance carried required to be maintained by Tenant and its agents and contractorshereunder, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and further described in Section 11.
(yb) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access to the Premises during the Early Access Period without shall not interfere with the completion of Landlord’s Work (if any).
(c) Without limiting anything contained herein, Tenant’s access and completion of Tenant’s Work and any liabilityoccupancy of the Premises prior to the Commencement Date shall be subject to Tenant’s indemnification obligations set forth in Sections 8.6(b), 12.2, 20.3, 23.19 and elsewhere herein.
Appears in 1 contract
Samples: Standard Industrial Lease (Alphatec Holdings, Inc.)
Early Access. Subject Sublandlord shall deliver exclusive possession of the Sublease Premises to Tenant’s delivery Subtenant in "broom clean" condition, free of an executed original all personal property (other than the Furniture) on February 1, 2009 for purposes of this Leasemoving into and constructing improvements to the Sublease Premises; provided, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Leasehowever, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with such early access to the Sublease Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period by Subtenant shall be subject to all of the terms and conditions of this LeaseSublease, except for Tenant’s that Subtenant during that time shall have no obligation to pay Rent (which obligation make payment of Base Rental, Subtenant's Taxes Proportionate Share of Taxes, Subtenant's Expenses Proportionate Share of Expenses. Sublandlord shall commence upon cooperate with and assist Subtenant in separately demising the Commencement Date, subject currently existing ADT security system serving the Master Premises for use in the Sublease Premises. Notwithstanding anything to the abatement contrary contained in this Sublease, Sublandlord represents to Subtenant that, to the best of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoingSublandlord's knowledge, the conduct of business plumbing, fire suppression, lighting, heating, ventilation and air conditioning system and electrical systems in and serving the Sublease Premises shall cause an immediate acceleration of the Commencement Date to are in good operating condition on the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress this Sublease and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of in good operating condition on the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of date possession of the Sublease Premises is delivered to Subtenant. If Sublandlord fails to deliver exclusive possession of the Sublease Premises to Tenant Subtenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease above by February 1, 2009, then the Sublease Commencement Date shall apply be delayed one day for each day after February 1, 2009 that Sublandlord delays in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to delivering such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver exclusive possession of the Subleased Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitySubtenant.
Appears in 1 contract
Samples: Sublease Agreement (Federal Home Loan Bank of Chicago)
Early Access. Subject The foregoing in this Paragraph 1 notwithstanding, Tenant shall have the right, at no cost to Tenant (but subject to all the other terms and conditions of the Lease and this Amendment, including without limitation, Tenant’s delivery of an executed original of this Leaseobligations to maintain insurance), to access the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of New Space beginning approximately fourteen (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1514) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the New Space Lease Commencement Date (the “Early New Access Period”), ) for the limited purposes of inspecting the New Space and installing telephone and computer cabling and Tenant’s access moveable furniture, furnishings, fixtures, equipment, and other moveable personal property, and such activities shall not constitute the “beneficial use of the Premises” for purposes of Paragraph l(c)(ii) above (i.e., for the avoidance of doubt, Xxxxxx’s entry upon the New Space during the Early New Access Period in accordance with this Paragraph 1(d) shall not trigger the New Space Lease Commencement Date). Tenant’s entry upon the New Space during the New Access Period shall not interfere with or delay the performance of the Landlord’s Relocation Work. To facilitate Xxxxxx’s entry upon the New Space during the New Access Period, Tenant shall provide Landlord with at least three (3) days’ prior notice of Tenant’s initial entry during the New Access Period, and thereafter Tenant shall coordinate with Landlord’s representative regarding Xxxxxx’s subsequent entries upon the New Space during the New Access Period. If an uncured monetary Event of Default is then occurring, then at Landlord’s election, Tenant shall not have any right to enter upon the New Space during the New Access Period. The placement of any cabling, furniture, furnishings, fixtures, equipment, or other property within the Premises by Tenant or its Invitees during the New Access Period shall be subject to all of the terms and conditions of this Lease, except for at Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Datesole risk, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Deed of Lease (Urgent.ly Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this LeaseSection 2.4, except for Tenant’s obligation Tenant shall have the right to pay Rent enter and occupy the Premises from and after the date that is twenty-one (which obligation shall commence upon 21) days prior to the Lease Commencement Date, subject to as reasonably estimated by Landlord (the abatement “Early Access Date”), solely for purposes of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of installing Tenant’s initial conduct of business in the Premises. During the Early Access Periodcomputer systems, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing telephone equipment, cabling, furniture, fixtures and special equipment, provided and to “fix-up” the Premises for Tenant’s intended use (but not to operate Tenant’s business), and such early entry for such purposes shall not trigger the Lease Commencement Date. Tenant agrees that (i) any such early entry by Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation at Tenant’s sole risk, (ii) Tenant shall be permitted only to the extent that such early access and installation activities will not unreasonably interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlordtenants in the Building, and (iii) all terms, provisions and conditions of this Lease shall apply (except for the payment of Base Rent and Additional Rent), including, but not limited to, (a) Tenant’s performance obligation to provide Landlord with evidence of the Work and/or otherwise delay Landlordliability insurance coverage pursuant to Sections 10 and 12 below, and (b) Tenant’s delivery of indemnity obligations pursuant to Section 13 below; provided, however, Landlord shall not be obligated to deliver possession of the Premises to Tenant in the condition until Landlord has received from Tenant insurance certificates as required under Sections 10 and 12 below. If Landlord chooses not to deliver possession of the Premises to Tenant because Landlord has not received the required insurance certificates, the Lease Commencement Date shall not be affected or delayed thereby. Notwithstanding anything in this Lease. The provisions Section 2.4 to the contrary, if, as of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access PeriodDate, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way to the Premises will unreasonably interfere with Landlord’s ability to deliver possession the completion of the Premises in the condition required under this Lease and/or to complete the WorkInitial Improvements, then (1) Landlord shall have the right to may limit or otherwise restrict Tenant’s early access during rights, and (2) Tenant shall not, in connection with any early access, interfere with the Early Access Period without any liabilitycompletion of the Initial Improvements.
Appears in 1 contract
Samples: Lease Agreement (Ambarella Inc)
Early Access. Subject Following twenty-four (24) hours’ notice to Tenant’s delivery Landlord and upon receipt of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Leasewritten approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall provide permit Tenant with early access and its agents to enter the applicable Premises on the latest up to occur of sixty (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1560) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the applicable Commencement Date (the “Early Access Period”)) for the sole purpose of installing, and at Tenant’s access during sole cost and expense, its furniture, fixtures, equipment and cabling in the applicable Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Tenant, at its sole cost and expense, may enter the Premises prior to the Early Access Period to conduct indoor air samples, subject to Landlord’s prior written consent, which shall not be unreasonably withheld or delayed, and provided that Xxxxxx uses Xxxx Environmental (or if Xxxx Environmental is not available, another environmental consultant selected by Tenant, subject to Landlord’s reasonable approval) to gather and analyze any such air samples; any such entry by Tenant shall be subject to all of the other terms and conditions of this Lease, except for TenantSection 41.1. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s obligation representative. The foregoing license to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in enter the Premises shall cause an immediate acceleration of prior to the Commencement Date is, however, conditioned upon Xxxxxx’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to the date of Tenant. Tenant shall be liable for any damages caused by Xxxxxx’s initial conduct of business in activities at the Premises. Such license is further conditioned upon the compliance by Xxxxxx’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant may enter the Premises (but shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and way for any injury, loss or damage thereto from which may occur to any cause whatsoeversuch work being performed by Xxxxxx, the same being solely at Tenant’s risk. Such All costs and expenses in connection with or arising out of the performance of any work by Xxxxxx during such early access and installation entry shall be permitted only borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent that arising out of or in connection with any and all work by Tenant or on Tenant’s behalf, during such early access and installation activities will entry (including, but not interfere with the accesslimited to, use and occupancy claims for breach of the Building warranty, personal injury or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Leaseproperty damage). The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right right, in Xxxxxxxx’s sole and absolute discretion, to limit settle, compromise, or otherwise restrict Tenantdispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Xxxxxx during any early entry. Tenant shall coordinate such entry with Xxxxxxxx’s access during building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Early Access Period without any liabilityRules and Regulations attached hereto.
Appears in 1 contract
Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Early Access. Subject Depending on the progress of the construction of the Tenant Improvements, Tenant shall be given access to the Leased Premises up to two (2) weeks prior to the Term Commencement Date in order for Tenant to install Tenant’s delivery of an executed original of this Leasefurniture, the prepaid Base Rent trade fixtures, equipment, telephone networks and the Letter of Credit as required elsewhere in this Leasecomputer networks, and the insurance certificates evidencing to perform general set-up for Tenant’s insurance policies required under this Lease, Landlord shall provide business operations. From the date Tenant with is given early access to the Leased Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue as set forth above through the date immediately preceding the Term Commencement Date (the “Early Access Period”)Date, and Tenant’s access during the Early Access Period Tenant shall be subject to all of the terms and conditions of this covenants in the Lease, except for that Tenant’s obligation to pay Rent (which obligation shall commence upon in accordance with the Basic Lease Information sheet of the Lease; provided, however, (i) Tenant shall not enter the Leased Premises unless they are accompanied by a person designated by Landlord, if required by Landlord, and Tenant shall provide to Landlord at least 24 hours prior written notice prior to such entry, (ii) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (iii) Tenant (and Xxxxxx’s contractors, vendors, agents, and employees) shall not disrupt or delay the construction of the Tenant Improvements, and (iv) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall in no event give directions to (or otherwise interfere with) the Contractor or others performing the Tenant Improvements. Tenant shall indemnify and hold the Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access of Tenant. This Confirmation of Term of Lease is made by and between MACH II 180 LLC, a Delaware limited liability company, as Landlord, and MARQETA, INC. a Delaware corporation as Tenant, who agree as follows:
1. Landlord and Tenant entered into an Office Building Lease dated March 1, 2016 (the “Lease”), in which Landlord leased to Tenant and Tenant leased from Landlord the Leased Premises described in the Basic Lease Information sheet of the Lease (the “Leased Premises”).
2. Pursuant to Section 3.1 of the Lease, Landlord and Tenant hereby confirm as follows:
a. August 12, 2016 is the Term Commencement Date;
b. November 30, 2023 is the Term Expiration Date; and
c. November 12, 2016 is the commencement date of Rent under the Lease.
3. Tenant hereby confirms that the Lease is in full force and effect and:
a. It has accepted possession of the Leased Premises as provided in the Lease;
b. The improvements and space required to be furnished by Landlord under the Lease have been furnished;
c. Landlord has fulfilled all its duties of an inducement nature;
d. The Lease has not been modified, altered or amended, except as follows: N/A; and
e. There are no setoffs or credits against Rent and no security deposit has been paid except as expressly provided by the Lease.
4. The provisions of this Confirmation of Term of Lease shall inure to the benefit of, or bind, as the case may require, the parties and their respective successors, subject to the abatement of Base Rent provided restrictions on assignment and subleasing contained in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) ///signature page flows/// DATED: 9/6/16 “LANDLORD”: a Delaware limited liability company By: Mach II Xxxxx Investments LLC, a Delaware limited liability company, its Managing Member By: MEP II Investors LLC, a California limited liability company, its Administrative Manager By: Xxxxx Xxxxxxxx LLC, a California limited liability company, it’s Sole Member and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.Manager By: /s/ Xxxxx X. Xxxxx Printed Name: Xxxxx X. Xxxxx Title: Managing Member
Appears in 1 contract
Early Access. Subject Notwithstanding any provision to Tenant’s delivery of an executed original of this Leasethe contrary contained herein, so long as Landlord has received the prepaid Base Rent and the Expansion Premises Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this LeaseCredit, Landlord shall provide agrees that Tenant with early access to may occupy the Expansion Premises on from and after the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Effective Date and continue through continuing until the date immediately preceding the Expansion Premises Commencement Date (the “Early Access Move-In Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, the installation of Tenant’s furniture, fixtures and equipmentequipment therein. During the Move-In Period, provided that (a) Tenant shall have no obligation to pay Rent, but all other terms of the Lease (as amended by this Amendment), including but not limited to the obligation to indemnify Landlord and carry the insurance required in the Lease, shall be in effect, (b) Tenant shall be solely responsible for all of utilities used in the foregoing and for Expansion Premises during the Move-In Period, (c) any loss or damage thereto from any cause whatsoever. Such early access and installation entry by Tenant shall be permitted only to the extent that such early access and installation activities will at Tenant’s sole risk, (d) Tenant shall not unreasonably interfere with the accessLandlord, use and occupancy of the Building Landlord’s contractors or the Project any construction schedule established in connection with any work being performed by Landlord or any other tenant or occupant and/or Landlord’s performance of at the Work and/or otherwise delay Landlord’s delivery of possession of Property, (e) prior to any entry upon the Expansion Premises by Xxxxxx, Tenant agrees to Tenant in the condition required under this Lease. The provisions of Sections 8(a) pay for and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide to Landlord certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant with respect to the Expansion Premises, which coverage must comply with the provisions of the Lease relating to insurance, (f) Tenant and its employees, agents and contractors, reasonably satisfactory contractors agree to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession its use and occupancy of the Premises in the condition required under this Lease and/or to complete the WorkExpansion Premises, then (g) Landlord shall not be responsible nor have any liability whatsoever at any time for loss or damage to the right furniture, fixtures, phone, cabling or equipment or other property of Tenant installed or placed by Tenant on the Expansion Premises, unless such loss or damage is caused by the gross negligence or willful misconduct of Landlord or its employees, agents or contractors, and (h) Xxxxxx agrees to limit indemnify, protect, defend and save Landlord, the property manager, any mortgagee of Landlord, and each of their respective officers, directors, members, managers, partners, affiliates, employees, agents and representatives, harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of the early entry, use, construction, or otherwise restrict Tenant’s access during occupancy of the Early Access Period without Expansion Premises by Tenant or its agents, employees or contractors, except to the extent any liabilityof the foregoing arises out of the gross negligence or willful misconduct of Landlord, its employees, agents or contractors.
Appears in 1 contract
Samples: Multi Tenant Commercial/Industrial Lease (Nnn) (Boxabl Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this LeaseLease including, except for without limitation, Section 13, and provided Landlord has received the pre-paid Base Rent required by Section 4.01 below, the Letter of Credit and evidence of Tenant’s obligation procurement of all insurance coverage required hereunder, Tenant, at Tenant’s sole risk, shall be permitted to pay Rent enter the Premises from and after the date that is fourteen (which obligation shall commence upon 14) days prior to the date that Landlord anticipates to be the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) solely for the sole purpose of installing cabling, furniture, fixtures and equipment. Further, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will it does not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay LandlordTenant Improvements, Tenant, at Tenant’s delivery of possession sole risk, shall be permitted to enter the Premises from and after the date that is one (1) day following mutual execution of the Premises Lease, for the purpose of installing telecommunications wiring for Tenant’s operations. Landlord may withdraw such permission for Tenant to Tenant enter the Premises, if Landlord determines that such entry is causing a dangerous situation for Landlord, Tenant, Tenant’s vendors and contractors or other tenants in the condition required under this LeaseBuilding or is delaying or interfering with the progress of any work within the Building. The provisions of Sections 8(a) and 11 of this Lease shall apply in full Tenant will have no obligation to pay Rent during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work period, except for the cost of services requested by Tenant (e.g., after hours HVAC service, after hours security, etc.), unless Tenant commences business operations in the Premises during such early access period. If Tenant so commences business operations in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord the Commencement Date shall be deemed to have occurred on the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitydate that Tenant commences such business operations.
Appears in 1 contract
Samples: Office Lease Agreement (Thimble Point Acquisition Corp.)
Early Access. Subject to Tenantthe provisions below, from and after the Effective Date, Tenant shall have the right to enter the Expansion Premises in order to generally prepare the Expansion Premises for occupancy including the storage of product, but not to conduct normal business operations (“Early Access”). Other than in connection with Landlord’s delivery of an executed original of this LeaseWork, the prepaid Base Rent and Repair Work or any emergency relating to the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this LeaseExpansion Premises, Landlord shall provide Tenant with early not grant access to the Expansion Premises on to any party between the latest Effective Date and the First Expansion Date and the Second Expansion Date, as applicable. Tenant’s right to occur of (i) Early Access to the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Expansion Premises is free and clear of any existing tenancysubject to, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any caseconditioned upon, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “following:
a. Early Access Period”)is only permitted if, and Tenant’s access during to the Early Access Period extent, permitted by applicable Governmental Requirements.
b. Tenant shall be subject to comply with all of the terms and conditions of this LeaseLease during any Early Access, except for Tenant’s other than the obligation to pay Base Rent (which obligation shall commence upon the Commencement Date, subject and its share of Operating Expenses with respect to the abatement of Base Rent provided in Expansion Premises. Nothing herein shall relieve Tenant from its obligations under the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date with respect to the date of Tenant’s initial conduct of business in the Existing Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that .
c. Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not unreasonably interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession completion of the Premises in the condition required under this Lease and/or Landlord’s Work;
d. Tenant will provide written notice to complete the Work, then Landlord prior to any Early Access and Landlord shall have the right to limit or otherwise restrict have a representative present during such access so long as Landlord does not delay Tenant’s access during the Early Access Period to the Expansion Premises.
e. Tenant shall not begin its normal business operations from the Expansion Premises until the First Expansion Date with respect to the First Expansion Premises or the Second Expansion Date with respect to the Second Expansion Premises, as the case may be.
f. Notwithstanding anything to the contrary contained herein, Tenant does hereby expressly acknowledge and agree that the storage and installation of fixtures and Tenant’s personal property (including equipment) in the Expansion Premises shall be at Tenant's sole risk, cost and expense, and that Landlord shall not be liable for and Tenant hereby releases Landlord from any and all liability for any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons; provided, however, that Landlord shall be responsible for its gross negligence or willful misconduct and the gross negligence or willful misconduct of its employees, officers, directors, agents, contractors, and subcontractors. Tenant does hereby further agree to indemnify, defend (with counsel reasonably acceptable to Landlord), and hold harmless Landlord and its employees, officers, directors, agents and contractors from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses (including, without limitation, attorneys' fees at the trial and appellate levels) of any liabilityand every nature arising out of or in any way relating to Tenant's Early Access; provided, however, that Tenant shall not indemnify Landlord for any matter arising from Landlord’s gross negligence or willful misconduct or the gross negligence or willful misconduct of its employees, officers, directors, agents, contractors, and subcontractors.
Appears in 1 contract
Samples: Lease Agreement (Pfsweb Inc)
Early Access. Subject to Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of an executed original proper evidence of this insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the prepaid Base Rent and Premises consisting of approximately 33,597 rentable square feet as shown on the Letter of Credit as required elsewhere attached Exhibit A-1 (“Early Access Premises”) prior to the Commencement Date for Tenant to use the Early Access Premises for staging in this Lease, and the insurance certificates evidencing connection with Tenant’s insurance policies required under this construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease, Landlord shall provide Tenant with early ). Tenant’s access to the Early Access Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions obligations of this the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access Premises shall be $47,035.80 per month (based on $1.40 per rentable square foot of the Early Access Premises) pro rated on a per diem basis, and “Tenant’s obligation to pay Rent Share” of “Operating Expenses” (which obligation shall commence upon the Commencement Date, subject as defined in Exhibit B attached to the abatement of Base Rent provided in Lease) for the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Early Access Premises shall cause an immediate acceleration be “fixed” at the amount of $8,399.25 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Lease unless Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation commences its regular business activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitytherefrom.
Appears in 1 contract
Samples: Lease (Inari Medical, Inc.)
Early Access. Subject Landlord shall, subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent compliance with Legal Requirements and the Letter of Credit as required elsewhere terms and conditions set forth in this LeaseParagraph F, grant to Tenant and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide certain other Tenant with early Parties a license for Tenant and certain other Tenant Parties to have access to the Premises prior to the Commencement Date. Such access shall be for the purpose of constructing the Tenant Improvements and allowing Tenant to install in the Premises Tenant's furniture, fixtures and voice and data equipment and cabling as may be necessary to make the Premises ready for Tenant's use and occupancy (the "tenant's Pre-Occupancy Work"). Tenant shall deliver to Landlord Tenant's written request for early access not less than five (5) business days prior to the date on which such access shall commence and such notice shall be accompanied by each of the latest to occur of following items: (i) the first (1st) Business Day following names and addresses of all Tenant Parties who will be entering the date Premises on behalf of mutual execution Tenant to perform Tenant's Pre-Occupancy Work; and delivery of this Lease, (ii) certificates of insurance evidencing the first (1st) Business Day following coverages required to be maintained by Tenant Parties pursuant to Section 12 of the date on which Landlord determines Lease. Any and all access to the Premises is free and clear the performance of any existing tenancythe Tenant's Pre-Occupancy Work shall be subject to scheduling by Landlord, and (iii) fifteen (15) days prior to in Landlord’s then-estimated date of delivery 's sole but reasonable discretion. Any entry into and/or occupancy of the Premises (in by any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding tenant Party prior to the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms terms, covenants, conditions and conditions provisions of this the Lease, except for Tenant’s obligation including, without limitation, the provisions of Sections 11 of the Lease, and excluding only the covenant to pay Base Rent (which obligation shall not commence upon until the Commencement Date). Floor plans, subject together with related information for mechanical, electrical and plumbing design work, showing partition arrangement and reflected ceiling plans (three [3] reproducible sets), including, without limitation, the following information:
(a) identify the location of conference rooms and density of occupancy;
(b) identify the density of occupancy for all rooms;
(c) identify the location of any food service areas or vending equipment rooms;
(d) identify areas, if any, requiring twenty-four (24) hour air conditioning;
(e) indicate those partitions that are to extend from floor to underside of structural slab above or require special acoustical treatment;
(f) identify the abatement location of Base Rent provided rooms for, and layout of, telephone equipment other than building core telephone closet;
(g) identify the locations and types of plumbing required for toilets (other than core facilities), sinks, drinking fountains, etc.;
(h) indicate light switches in offices, conference rooms and all other rooms in the Basic Lease Information). Notwithstanding Premises;
(i) indicate the foregoinglayouts for specially installed equipment, including computer and duplicating equipment, the conduct size and capacity of business mechanical and electrical services required and heat rejection of the equipment;
(j) indicate the dimensioned location of: (i) electrical receptacles (one hundred twenty (120) volts), including receptacles for wall clocks, and telephone outlets and their respective locations (wall or floor), (ii) electrical receptacles for use in the Premises shall cause an immediate acceleration of the Commencement Date to the date operation of Tenant’s initial conduct of business in the Premises. During the Early Access Periodequipment which requires two hundred eight (208) volts or separate electrical circuits, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress iii) electronic calculating and egress) for the sole purpose of installing cablingCRT systems, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early accessetc., and (yiv) comply special audio-visual requirements;
(k) indicate proposed layout of sprinkler and other life safety and fire protection equipment, including any special equipment and raised flooring;
(l) indicate the swing of each door;
(m) indicate a schedule for doors and frames, complete with all Laws applicable hardware, if applicable; and
(n) indicate any special file systems to such early access work in be installed. Final architectural detail and working drawings, finish schedules and related plans (three [3] reproducible sets) including, without limitation, the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession following information and/or meeting the following conditions:
(a) materials, colors and designs of the Premises in the condition wall coverings, floor coverings and window coverings and finishes;
(b) paintings and decorative treatment required under this Lease and/or to complete all construction;
(c) complete, finished, detailed mechanical, electrical, plumbing and structural plans and specifications for the WorkTenant Improvements, then Landlord shall have including, but not limited to, the right fire and life safety systems and all work necessary to limit connect any special or otherwise restrict Tenantnon-standard facilities to the Building’s access during base mechanical systems;
(d) all final drawings and blueprints must be drawn to a scale of one-eighth inch (1/8”) to one foot (1’). BUILDING STANDARD CONFORMANCE - The Contractor must be certain that all ceiling tiles, venetian blinds, and door hardware conform to the Early Access Period without any liabilitybuilding standards. Door locks should be keyed to the building master and to the floor master. The Building Manager should be consulted before ordering these items.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original Starting on that date which is five (5) business days after the Effective Date of this Lease, Lease (the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease“Delivery Date”), Landlord shall provide agrees to allow Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery reasonable use of the Premises Building’s parking facilities and freight elevators (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access PeriodAccess”), and Tenant’s access during the Early Access Period shall be ) subject to all of the terms and conditions of this Lease, except for Tenant’s obligation obligations under this Lease (except that Tenant will not be obligated to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic under this Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration during such early occupancy of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of performing the Tenant Improvements and installing telephones, cabling, furnitureequipment and furniture in the Premises for Tenant’s operations in the Premises. At least three (3) business days prior to any such Early Access, fixtures and equipment, provided that Tenant shall be solely responsible provide Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises. Additionally, the parties agree as follows:
(a) Tenant hereby releases and discharges Landlord, its contractors, agents, employees and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during the foregoing and for any loss or damage thereto period of Early Access from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy except as a result of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession gross negligence or willful misconduct. Landlord makes no representation or warranty about safety of the Premises during any period of Early Access, as construction and other activities will be ongoing.
(b) Notwithstanding anything set forth herein to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Periodcontrary, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and Tenant’s agents, contractors, reasonably satisfactory to workmen, mechanics, suppliers and invitees shall work in harmony and not unreasonably interfere with Landlord and Landlord’s agents, prior to and as a condition to such early access, and (y) comply or with all Laws applicable to such early access Landlord’s or other tenants’ work in the PremisesPremises or other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause such unreasonable interference, including labor disputes, Landlord reasonably determines that may suspend such license upon twenty-four (24) hours’ prior written notice to Tenant, in which case, Tenant shall immediately discontinue Tenant’s early access is interfering in Early Access until the resolution of any material way with Landlord’s ability to deliver possession such labor dispute.
(c) In the event the performance of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitycauses Landlord to incur extra out-of-pocket costs, such as the cost of furnishing electricity, heating and cooling or other services to the Premises, Tenant shall pay to Landlord an amount reasonably determined by Landlord to compensate for Landlord's actual costs and services.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery In addition, Landlord hereby agrees that, notwithstanding the provisions of an executed original Section 1.2.2 of this the Lease, regardless of whether the prepaid Base Rent and Tenant Improvements are substantially complete or a certificate of occupancy (or its equivalent) shall have been issued by the Letter of Credit as required elsewhere in this Lease, and appropriate governmental authorities for the insurance certificates evidencing Tenant’s insurance policies required under this LeasePremises at such time, Landlord shall provide permit Tenant with early and its agents to enter the Premises commencing on June 11, 2020, or such later date prior to the Commencement Date in Tenant's sole discretion (such entry, the "Early Access"), for the sole purpose of installing, at Tenant's sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and to store other personal assets of Tenant. In particular, Early Access shall include, and Tenant shall be given access to, Storage Rxxx 000, Xxxxxx 000 and Server Room 413 within the Premises. Landlord shall also give Tenant access to the Premises on mail room within the latest to occur of (i) Building upon the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Early Access. The Early Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding not change the Commencement Date (and shall not be deemed early occupancy during the “Early Access Period”), Beneficial Occupancy Period under Section 1.2.2 of the lease and Tenant’s access during rights to the Beneficial Occupancy Period under Section 1.2.2 of the Lease, if any, shall continue to apply in addition to the Early Access Period shall be subject to provided under this Section 2 . Upon the Early Access, all of the terms and conditions of this Lease, the Lease shall apply except for that Tenant’s 's obligation to pay Rent monthly Base Rent, Expenses, Taxes or other fees or expenses to Landlord (which obligation other than amounts for above standard services requested by Tenant under Section 5.2 of the Lease) shall commence upon not apply until the Commencement Date. Tenant shall coordinate the Early Access with Landlord's building manager and, subject except as expressly set forth in this Amendment, such entry shall be made in compliance with all terms and conditions of the Lease and the Rules and Regulations attached thereto. Landlord shall deliver to Tenant the abatement necessary Building (including mailroom box) and Premises entry keys or similar access devices or codes to enable the Early Access and access and use of Base Rent provided in the Basic Lease Information)Building mailroom. Notwithstanding the foregoing, the conduct of business in The foregoing license to enter the Premises shall cause an immediate acceleration of prior to the Commencement Date to is conditioned upon Tenant's contractors and their subcontractors and employees working in harmony and not interfering with the date of Tenant’s initial conduct of business work being performed in the Building and in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and liable for any loss or damage thereto from any cause whatsoeverdamages caused by Tenant's activities at the Premises. Such early access and installation shall be permitted only to license is further conditioned upon the extent that such early access and installation activities will not interfere compliance by Tenant's contractors with the access, use and occupancy of the Building or the Project all requirements imposed by Landlord or any other tenant or occupant and/or Landlord’s performance of on third party contractors, including, without limitation, the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried maintenance by Tenant and its agents contractors and contractors, reasonably subcontractors of workers' compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. Landlord shall not be liable in any way for any injury, loss or damage which may occur by reason of the Early Access, the same being solely at Tenant's risk. All costs and as a condition expenses in connection with or arising out of the performance of any work by Tenant pursuant to such early accessthe Early Access shall be borne by Tenant, and (y) all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all Laws applicable laws, ordinances, regulations and policies governing its work. Except to the extent arising from the gross negligence or willful misconduct of Landlord, Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys' fees and claims for workers' compensation) to the extent arising out of or in connection with any and all work during such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.(including, but not limited to, claims for breach of warranty, personal injury or property
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Leaseall Legal Requirements (as defined below) and Section 1(J) above, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with early access be permitted to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of enter into the Premises (in or any case, the “Access Date”). Such period of early access shall commence portion thereof) on the Access Date and continue through date that Landlord causes the Substantial Completion of the Tenant Improvements (as reasonably determined in writing by Landlord) or such earlier date immediately preceding the Commencement Date (the “Early Access Period”), as is mutually acceptable to Landlord and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing its furniture, trade fixtures, data and telephone cabling, furniture, fixtures and equipment. Landlord shall continue to diligently pursue the Substantial Completion of the Tenant Improvements following any early entry by Tenant prior to such Substantial Completion. If Tenant enters the Premises prior to the Substantial Completion of the Tenant Improvements pursuant to this Section 2(a), provided that then Tenant shall be solely responsible for all deemed to have waived its termination right set forth in Section 5.3.2 of Exhibit B attached hereto as of the foregoing first date of such entry, and for Tenant shall not unreasonably interfere with or delay the work of Landlord and/or its contractors or consultants, and Tenant shall coordinate and cooperate with Landlord, and Tenant shall cause Tenant's employees, vendors, and consultants to work in harmony with Landlord and Landlord's contractors and consultants to minimize any loss interference or damage thereto from any cause whatsoeverdelay with respect to the construction of the Tenant Improvements. Such early access entry in and installation shall be permitted only to the extent that such early access and installation activities of itself will not interfere with advance the access, use and occupancy Rent Commencement Date unless Tenant commences to conduct business from within the Premises (in which case the Rent Commencement Date shall immediately occur). All of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply to Tenant during any early entry, including, without limitation, the indemnities set forth in full during this Lease, but excluding only the Early Access Periodobligation to pay Base Rent and Direct Costs until the Rent Commencement Date has occurred. Notwithstanding the foregoing, and Tenant shall be responsible for payment of all utility costs with respect to the Premises during Tenant's early occupancy that are attributable to Tenant's activities in the Premises (xas reasonably determined by Landlord) provide certificates of insurance evidencing the existence and amounts of liability insurance carried shall pay such costs to Landlord within thirty (30) days after demand from time to time. During any such early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant and at the Premises or for any injury to Tenant or its agents and agents, employees, contractors, reasonably satisfactory subcontractors, subtenants, assigns, licensees or invitees, except for property damage and personal injury to the extent caused by the negligence or willful misconduct of Landlord or Landlord's employees, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premisesagents or contractors. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during post appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the Early Access Period without any liabilityprovisions of this Lease.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original the terms of this LeaseSection 2.3, the prepaid Base Rent and the Letter as of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access PeriodDate”) that is one (1) business day following the date that this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, the L-C (as defined in Section 21.1), and insurance certificates required hereunder (collectively, the “Early Access Conditions”), and Landlord grants Tenant the right to enter the Premises at Tenant’s access during sole risk, solely for the Early Access Period purpose of performing the Improvements (as defined in Exhibit B attached hereto) and installing telecommunications and data cabling, equipment, furnishings and other personalty. Such possession prior to the Lease Commencement Date shall be subject to all of the terms and conditions of this Lease, except for that Tenant shall not be required to pay Base Rent or Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject Share of Direct Expenses with respect to the abatement period of Base Rent time prior to the Lease Commencement Date during which Tenant occupies the Premises solely for such purposes. However, Tenant shall be liable for any utilities or special services provided in the Basic Lease Information)to Tenant during such period. Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, if Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of takes possession of the Premises before the Lease Commencement Date for any purpose other than as expressly provided in this Section, such possession shall be subject to Tenant in the condition required under this Lease. The provisions of Sections 8(a) terms and 11 conditions of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates pay Base Rent and any other charges payable hereunder to Landlord for each day of insurance evidencing possession before the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such Lease Commencement Date. Said early access, and (y) comply with all Laws applicable to such early access work in possession shall not advance the PremisesLease Expiration Date. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.-15- XXXXXX REALTY 000 XXXXX XXXXXX Postmates Inc.
Appears in 1 contract
Samples: Sublease Agreement (Amplitude, Inc.)
Early Access. Subject Tenant shall have the right to enter the Premises 15 days prior to the Commencement Date for the purpose of installing Tenant’s delivery of an executed original of this Leasecomputer and telephone cabling, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Leasefixtures, furniture, and equipment provided that (a) such entry will not delay or hamper the insurance certificates evidencing completion of the Tenant Improvements, (b) Tenant and its vendors and contractors have obtained all governmentally required permits separate from any permits obtained by Landlord as to work to be performed by Landlord, if any, (c) Landlord may revoke or restrict Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with or its contractors’ early access to the Premises on if such access interferes with, hampers, or prevents completion of the latest to occur of (i) Tenant Improvements at the first (1st) Business Day following the date of mutual execution and delivery of this Leaseearliest possible date, (iid) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during to the Early Access Period Premises shall be subject to all of the terms and conditions provisions of this the Lease, except for as to the payment of Rent, (e) any entry by Tenant in the Premises prior to the Commencement Date shall be at Tenant’s obligation sole risk and subject to pay Rent Tenant coordination with Landlord’s project or property manager, and (which obligation shall commence upon the Commencement Date, f) all work by Tenant’s contractors is subject to the abatement administrative supervision of Base Rent provided in Landlord and its contractor. Landlord assumes no responsibility or liability for injury to persons or damage to property caused by the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration Tenant’s exercise of the Commencement Date to the date of Tenant’s initial conduct of business rights and privileges granted in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Periodparagraph, and Tenant shall (x) provide certificates of insurance evidencing the existence indemnify, defends, and amounts of liability insurance carried hold Landlord harmless from and against any loss, cost, damage, liability, or expense suffered or incurred by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and Landlord as a condition to such early access, and (y) comply with all Laws applicable to such early access result thereof. Tenant shall adopt a schedule for its work in conformance with Landlord’s schedule for the PremisesTenant Improvements and shall conduct its work in such a manner as to maintain harmonious labor relations. If Landlord reasonably determines that All delays to the Tenant Improvements caused by Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required shall be deemed a Tenant Delay under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityLease.
Appears in 1 contract
Samples: Office Lease (Direct Insite Corp)
Early Access. Subject So long as such access does not interfere with Landlord’s construction of the Landlord’s Work, Tenant shall have the right to access the Expansion Premises prior to the completion of the Landlord’s Work for the purpose of installing its equipment, data, telecommunications systems and trade fixtures (“Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access DateWork”). Such period of early access shall commence on be subject to reasonable scheduling by Landlord. In connection with such access, Tenant agrees (a) to cease promptly upon notice from Landlord any Tenant’s Work which has not been approved by Landlord or is not in compliance with the Access Date and continue through provisions of the date immediately preceding Lease or which shall interfere with or delay the Commencement Date (the “Early Access Period”)performance of Landlord’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Landlord’s Work and the Tenant’s Work, each with the other and with any other activity or work in the Building. Such access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, the Lease except for Tenant’s the obligation to pay Rent (until otherwise required by the terms of the Lease; provided, however, that if Tenant commences operation of its business in all or any portion of the Expansion Premises, the date on which obligation Tenant commences operation of its business shall commence upon be deemed the Commencement Date, subject Expansion Date and Tenant shall be obligated to pay Rent pursuant to the abatement terms of Base Rent provided in the Basic Lease Information)this First Amendment. Notwithstanding Without limiting the foregoing, prior to accessing the conduct Expansion Premises, Tenant shall provide to Landlord, in form and substance reasonably acceptable to Landlord: (i) a detailed description of business and schedule for Tenant’s Work; (ii) the names and addresses of all contractors who or which will be entering the Expansion Premises on behalf of Tenant to perform Tenant’s Work or will be supplying materials for such work, and the approximate number of individuals who will be present in the Premises shall cause an immediate acceleration Expansion Premises; (iii) copies of all contracts pertaining to Tenant’s Work; (iv) copies of all plans and specifications pertaining to Tenant’s Work; (v) copies of all licenses and permits required in connection with the Commencement Date to the date performance of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises Work; and (but not any other portion of the Building or the Project other than for ingress and egressvi) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and (in amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to LandlordLandlord and with the parties identified in, prior to and or required by, the Lease named as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityadditional insureds).
Appears in 1 contract
Samples: Lease (Maxlinear Inc)
Early Access. Subject Following not less than twenty-four (24) hours notice to Tenant’s delivery Landlord and upon receipt of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Leasewritten approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall provide permit Tenant with early access and its agents to enter the Premises on the latest to occur of no less than seven (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (157) days prior to the Delivery Date for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, data and telecommunications wiring and equipment in the Premises. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s then-estimated date of delivery of representative. The foregoing license to enter the Premises prior to the Delivery Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (in 24) hours written notice to Tenant. Tenant shall be liable for any casedamages caused by Tenant's activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the “Access Date”)maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period The entry shall be subject deemed to be under all of the provisions of this Lease (other than the obligation to pay Basic Rent). Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work performed by, for or on behalf of Tenant during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. 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, except for Tenant’s obligation to pay Rent (which obligation shall commence upon Lease and the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress Rules and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityRegulations attached hereto.
Appears in 1 contract
Early Access. Subject Subtenant shall have the right to Tenant’s delivery of an executed original enter the Demised ------------ Premises prior to the Commencement Date following full execution of this LeaseSublease, for the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur purpose of (i) testing the first (1st) Business Day following equipment in the date of mutual execution and delivery of this Lease, Building; (ii) commencing Subtenant's Work in the first (1st) Business Day following Demised Premises and in other areas of the date on which Landlord determines the Premises is free and clear of any existing tenancy, Building and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date test Subtenant's equipment and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided systems installed in the Basic Lease Information)Building and the Demised Premises. Notwithstanding the foregoing, the conduct Subtenant shall not commence any of business Subtenant's Work in the Demised Premises until after obtaining the consent of Sublandlord and Prime Landlord of plans and specifications for same. Subtenant shall cause an immediate acceleration abide by all terms of the Commencement Date this Sublease during its early entry, other than those terms relating to the date payment of Tenant’s initial conduct any rental amounts. Subtenant shall indemnify and save Sublandlord harmless from and against all loss and damage, including damage to person, persons or property, to the extent same arises from any act or negligence of business Subtenant's employees, contractor or any of its subcontractors, or the agents or employees of any of same while they are engaged in the performance of any work within the Demised Premises, or while in or about the Building, arising from any liens or claims for services rendered or labor or materials furnished in or for the performance of Subtenant's Work or arising from any accident or injury. During Prior to the Early Access Period, Tenant may enter the Premises (but not any other portion of initial entry into the Building or the Project other than for ingress Demised Premises by Subtenant and egress) the performance of any work therein, Subtenant shall furnish Sublandlord, at Subtenant's sole cost, a certificate of insurance from Subtenant and Subtenant's contractors and subcontractors, naming Sublandlord as an additional insured, in the coverage and amounts reasonably required by Sublandlord. Subtenant acknowledges and agrees that none of the above-described work or early entry shall interfere with or delay in any manner any work to be performed by Sublandlord under this Sublease. Further, Subtenant shall not be charged by Sublandlord for the sole purpose use of installing cablingany freight elevators, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the accessBuilding's loading docks, use and occupancy of the Building utility usage or the Project by Landlord or use of any other tenant Building facilities or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full services during the Early Access Period, initial planning and Tenant shall (x) provide certificates subsequent construction of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Subtenant's Work, then Landlord shall have nor its move-in process to the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityDemised Premises.
Appears in 1 contract
Samples: Sublease (Focal Communications Corp)
Early Access. Subject to the terms herein and Tenant’s delivery of an executed original of this Leasecompliance with all applicable Laws, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with early have reasonable access to the Demised Premises on (“Early Access”) during the latest period from the date hereof until the Commencement Date of the Lease to occur of install (i) the first (1st) Business Day following the date of mutual execution telecommunications equipment, including without limitation, cabinets, electronic equipment, cabling, wiring, computers and delivery of this Lease, telephone systems and (ii) improvements, furniture, fixtures, equipment and other personal property; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or unreasonably delay completion of Landlord’s work (as set forth in Section 33 of the first (1stLease) Business Day following in the date on which Landlord determines the Premises is free and clear of any existing tenancyDemised Premises, and (iii) fifteen (15) days prior to Landlord’s then-estimated date Tenant first provides Landlord with a certificate of delivery of insurance as required under the Premises (in any case, the “Access Date”)Lease. Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Tenant's Early Access Period”), and Tenant’s access during to the Early Access Period Demised Premises shall be subject to all of the terms and conditions obligations of this the Lease, including the insurance and indemnity provisions, except for that Tenant shall not be required to pay Fixed Annual Rent, Fixed Monthly Rent or Additional Rent during Early Access. Tenant and its contractors shall coordinate all activities with Landlord in advance and shall comply with Landlord’s instructions and directions so that Tenant’s obligation Early Access does not interfere with or delay any work to pay Rent be performed by Landlord. It is understood and agreed, that Tenant shall have no right to commence business operations (which obligation shall commence upon it being agreed the above-described activities by Tenant do not constitute a commencement of business operations or occupancy of the Demised Premises) in or from any portion of the Demised Premises prior to the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Lease Agreement (Cogent Communications Holdings, Inc.)
Early Access. Subject Tenant shall be permitted to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to enter the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and ) for purposes of installing Tenant’s access cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant’s entry into the Premises during the Early Access Period shall be subject to and conditioned upon Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures and equipment shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation . Tenant will not be obligated to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full rent during the Early Access Period. In no event shall Tenant or Tenant’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant shall (x) provide certificates fails to cease such interference promptly after notice from Landlord specifying the nature of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractorssuch interference, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict terminate Tenant’s access early access. Other than with respect to the gross negligence of Landlord or Landlord’s agents, Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Early Access Period without Premises during any liabilityperiod of early access, as construction and other activities may be ongoing.
Appears in 1 contract
Samples: Office Lease (Zogenix, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original From and after the execution of this Lease, First Amendment and continuing up and until the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Expansion Date (the “Early Access Period”), and to the extent it does not interfere with the Landlord Work, Tenant may enter into the Expansion Space for the sole purpose of completing Landlord-approved work to fixture the Expansion Space for Tenant’s business operations, which shall be performed at Tenant’s sole cost and expense and shall be subject to all applicable ordinances and building codes or other laws governing Tenant’s right to occupy or perform in the Expansion Space prior to the Expansion Date. Such entry into the Expansion Space shall also be subject to the requirements that (1) prior to Tenant or any of the Tenant Parties obtaining access or entry to the Expansion Space, Tenant must first satisfy the Access Conditions (as hereinafter defined), and (2) Tenant and any and all Tenant Parties shall not disturb the tenancies of any tenants near the Expansion Space or unreasonably interfere with the business operations of such tenants. Tenant agrees that any such entry onto the Expansion Space during the Early Access Period shall be subject deemed to be under all of the terms terms, covenants, conditions and conditions provisions of this the Lease (except as to the covenant to pay Rent). Subject to Landlord’s indemnity under Section 17.3 of the Lease, except Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s obligation property at the Expansion Space or loss or damage to pay Rent (which obligation shall commence upon property placed thereon prior to the Commencement Expansion Date, subject to the abatement of Base Rent provided in the Basic Lease Information)same being at Tenant’s sole risk and expense. Notwithstanding the foregoing, the conduct of business Any such access or performance in the Premises shall cause an immediate acceleration of prior to the Commencement Date shall also be subject to (A) Tenant first providing to Landlord the Certificates of Insurance required under Section 10.2 of the Lease (the conditions described in clause (A) are collectively referred to herein as the “Access Conditions”). Tenant shall place all utilities into their name prior to the date commencement of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Lease Agreement (Clearfield, Inc.)
Early Access. Subject to TenantFrom and after completion of Landlord’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit Work as required elsewhere in this Leasespecifically described on Exhibit D attached hereto, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution continuing up and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding until the Commencement Date (the “Early Access Period”), and Landlord shall permit Tenant to enter into the Premises for the sole purpose of completing Landlord- approved work to fixture the Premises for Tenant’s business operations, which shall be performed at Tenant’s sole cost and expense and shall be subject to all applicable ordinances and building codes or other laws governing Tenant’s right to occupy or perform in the Premises prior to the Commencement Date. Such entry into the Premises shall also be subject to the requirements that (1) prior to Tenant or any of the Tenant Parties obtaining access or entry to the Premises, Tenant must first satisfy the Access Conditions (as hereinafter defined), and (2) Tenant and any and all Tenant Parties shall not disturb the tenancies of any tenants near the Premises or unreasonably interfere with the business operations of such tenants. Tenant agrees that any such entry onto the Premises during the Early Access Period shall be subject deemed to be under all of the terms terms, covenants, conditions and conditions provisions of this Leasethe Lease (except as to the covenant to pay Rent). Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, except for loss or damage to any of Tenant’s obligation property on the Premises or loss or damage to pay Rent (which obligation shall commence upon property placed thereon prior to the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information)same being at Tenant’s sole risk and expense. Notwithstanding the foregoing, the conduct of business Any such access or performance in the Premises shall cause an immediate acceleration of prior to the Commencement Date shall also be subject to (A) Tenant first providing to Landlord the Certificates of Insurance required under this Lease and (B) Tenant’s payment to Landlord of any amounts (e.g., the Security Deposit required under this Lease) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) and (B) are collectively referred to herein as the “Access Conditions”). Tenant shall place all utilities into their name prior to the date commencement of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Industrial Building Lease (NANOPHASE TECHNOLOGIES Corp)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide permit Tenant with early access and its agents to enter the Premises on the latest to occur of approximately six (i6) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days weeks prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”) for the sole purpose of examining the Tenant Improvements (to the extent permitted under the Work Letter Agreement or otherwise agreed to by Landlord), and installing, at Tenant’s access sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and as otherwise reasonably necessary to perform any facility validations required by Governmental Authorities for Tenant’s Permitted Use, but in no event shall Tenant’s failure to complete such installations or validations during the Early Access Period extend the Commencement Date. Any such entry shall be subject in a manner and upon terms and conditions and at times reasonably satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s agents, contractors and their subcontractors and employees reasonably cooperating and not unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the terms and conditions provisions of this Lease, Lease except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided as expressly set forth in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premisesthis Section 41.2. During the Early Access Period, Tenant may enter the Premises shall have no obligation to pay Basic Rent, Operating Expenses, Real Property Taxes or costs for electricity, gas or HVAC (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant Tenant’s usage thereof during such Early Access Period is not excessive). Landlord shall not be solely responsible for all of the foregoing and liable in any way for any injury, loss or damage thereto from which may occur to any cause whatsoever. Such early access and installation shall be permitted only such work being performed by Tenant, the same being solely at Tenant’s risk, except to the extent that caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early access entry shall be borne by Tenant, and installation activities will not interfere all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the access, use extent arising out of or in connection with any and occupancy of all work performed by or (excepting the Building or the Project by Landlord Tenant Improvements or any other tenant work performed by Landlord) on behalf of Tenant or occupant and/or Tenant’s contractors during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage), except to the extent caused by Landlord’s performance of the Work and/or otherwise delay or Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Leasecontractors’ gross negligence or willful misconduct. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right right, in Landlord’s sole and absolute discretion, to limit settle, compromise, or otherwise restrict Tenantdispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s access during building manager, and such entry shall, except as expressly set forth in this Section 41.2, be made in compliance with all terms and conditions of this Lease and the Early Access Period without any liabilityRules and Regulations attached hereto.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with early be given access to the Premises on prior to installation of the latest ceiling grid in order to occur of (i) the first (1st) Business Day following the allow Tenant to install telephone and other communications and media lines and systems, computer cabling, and related similar matters. The date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines Early Access to the Premises and the time by which installation of Tenaxx'x Xork must be completed will be coordinated with the General Contractor. Tenant and General Contractor shall work together to ensure that Tenaxx'x Xork is free completed in an efficient and clear timely manner and will not unreasonably impede, interfere with or delay the progress of any existing tenancyconstruction of the Tenant Improvements. Tenant shall perform such installation in accordance with all guidelines promulgated by General Contractor and shall execute and require its contractors and subcontractors to execute such releases, indemnifications and (iii) fifteen (15) days prior other documents that General Contractor requires of its own subcontractors. Any and all costs of installation of such items shall be at Tenant's sole cost and expense. Tenant shall also be given Early Access to Landlord’s then-estimated date the Premises for purposes of delivery storing its furniture and personal property in portions of the Premises (in any case, which Tenant Improvements are substantially complete. General Contractor shall designate the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject areas in which such storage can occur to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent ensure that such early access and installation activities storage will not interfere with the access, use and occupancy construction of the Building Tenant Improvements. Tenant hereby releases Landlord, General Contractor and all of their agents, employees, licensees, invitees and subcontractors from all liability for loss or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of damage to Tenant's personal property stored on the Premises prior to Tenant in the condition required under this LeaseCommencement Date. The provisions Tenaxx xxxees to maintain insurance on all said property and hereby assumes full risk of Sections 8(a) loss or damage to said personal property and 11 of this Lease shall apply in full during the Early Access Periodherexx xxrees to defend, indemnify and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to hold Landlord, prior General Contractor, their agents, employees, licensees, invitees and subcontractors harmless from any claims, loss or liability related to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitysaid stored personal property.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent Subtenant and the Letter of Credit as required elsewhere in this Lease, consultants Subtenant engages to provide the Subtenant’s Plans shall have the right to enter the Subleased Premises from and after the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access Effective Date upon reasonable notice to the Sublandlord for the sole purpose of preparing the Subtenant’s Plans. In addition, Subtenant shall have the right to access and occupy the Subleased Premises on from and after the latest to occur of later of: (ia) the first Plan Approval Date; or (1stb) Business Day following the date of mutual execution and delivery of this LeaseDecember 1, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date 2017 (the “Early Access PeriodDate”), solely for purposes of performing Subtenant’s Work and Tenantearly entry for such purposes shall not trigger the Commencement Date. Subtenant agrees (i) any such early entry by Subtenant shall be at Subtenant’s access sole risk, (ii) Subtenant shall not unreasonably interfere with Sublandlord or other tenants in the Building, (iii) Subtenant shall comply with and be bound by all provisions of the Sublease during the Early Access Period shall be subject to all period of the terms and conditions of this Leaseany such early entry, except for Tenant’s obligation the payment of Gross Rent and Additional Rent, (iv) prior to entry upon the Subleased Premises by Subtenant, Subtenant agrees to pay Rent (which obligation shall commence upon the Commencement Date, subject for and provide to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide Sublandlord certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant Subtenant, which coverage must comply with the provisions of the Sublease relating to insurance, (v) Subtenant and its agents and contractors, reasonably satisfactory contractors agree to Landlord, prior comply with all laws required to and as a condition to such perform its work during the early accessentry on the Subleased Premises, and (yvi) comply Subtenant agrees to indemnify, protect, defend (with counsel selected by Sublandlord) and save Sublandlord and Prime Landlord and their respective employees, agents, contractors, managers, members, and representatives harmless from and against any and all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Subleased Premises by Subtenant or its agents, employees or contractors. To the extent in Sublandlord’s possession or control, Sublandlord will provide a set of “as built” drawings to Subtenant at no cost promptly after the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityEffective Date.
Appears in 1 contract
Samples: Sublease Agreement (Zynex Inc)
Early Access. 26.1 Subject to Tenantthe Landlord having vacant possession of each relevant part of the Premises and completing the Landlord’s delivery of an executed original Works prior to the Commencement Date and compliance by the Tenant with the conditions of this Leaseclause 26, the prepaid Base Rent and Landlord agrees to permit the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on prior to the latest Commencement Date for the purpose of enabling the Tenant to commence the Tenant’s Works.
26.2 The Tenant is not liable for the payment of any rent or outgoings prior to the Commencement Date but will be liable for the cost of all consumable Building Services under clause 4.6(a)(i) from the date access is provided.
26.3 The use and occupation by the Tenant of the Premises until the Commencement Date will be solely for the purposes of carrying out the Tenant’s Works and will be at the Tenant’s risk in all respects and subject to the Tenant accepting liability for the Premises during such times as this access and use occurs (including, in particular, the insurance risk and the obligation to comply with the requirements of all Authorities in relation to the Premises and the Tenant’s use of it).
26.4 The Tenant must carry out the Tenant’s Works during normal working hours unless the Landlord in its discretion allows access at other times and in undertaking the Tenant’s Works must use its best endeavours to respect the right to quiet enjoyment of the other tenants in the Building and if (either as of right or by consent from the Landlord) the Tenant causes or permits to occur a nuisance or damage to the occupier or owner of adjoining or neighbouring premises, land or building or causes or permits to occur an event or events whereby the Landlord shall be liable for breach of covenant of quiet enjoyment to any other tenant of the Building then the Tenant shall be liable for all loss and damage so suffered by the Landlord or for which the Landlord is otherwise so liable to any third party (and the Tenant hereby indemnifies and agrees to keep indemnified the Landlord in respect thereof) and the Landlord shall be entitled to withdraw any such consent previously given and/or require the Tenant to cease the offending activity or modify the activity so that it no longer contravenes the requirements of this clause. Ref: PJM:1908926 ABL/0000000x0
26.5 The Tenant will keep the Premises clean and tidy and whenever necessary from time to time whilst carrying out the Tenant’s Works and on completion of the Tenant’s Works will at its own expense remove from the Premises and the Building all waste and debris wrappings containers and residual materials which result from the Tenant’s Works and failing compliance the Landlord may do so and recover the cost from the Tenant.
26.6 The Tenant will prior to the commencement of the Tenant’s Works:
(a) provide evidence of the following insurances or will procure that any contractor employed by the Tenant will provide a certificate of currency of:
(i) WorkCover insurance policy for any person employed by the first Tenant or its contractor as a “worker” in accordance with the requirements of the Accident Compensation (1stWorkCover Insurance) Business Day following the date of mutual execution and delivery of this Lease, Act 1993;
(ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear Tenant’s insurance for Public Risk as required by clause 11 of any existing tenancy, and this Lease; and,
(iii) fifteen (15) days prior to Landlorda Contractor’s then-estimated date of delivery All Risk Insurance Policy in respect of the Premises Tenant’s Works to the full value of it for the time being such policy to be in the name of the Tenant (in any case, and noting the “Access Date”). Such period interest of early access shall commence the Landlord) for their respective interests.
(b) provide the Bank Guarantee required under the terms of clause 6.1 of this Lease; and,
(c) pay to the Landlord or its agent on or before signing this Lease the Access Date amount equal to one monthly instalment of the Rent and continue through the date immediately preceding Building Outgoings plus the GST attributable to it being the sum of $28,742.86 which will be credited to the Tenant’s account with the Landlord for payment of the Rent and Building Outgoings (plus GST) which will become payable by the Tenant to the Landlord following the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Lease (Capstone Dental Pubco, Inc.)
Early Access. Subject Provided no Event of Default by Tenant has occurred under the Lease (as amended hereby), Tenant shall have the right to install in the Expansion Space, during the Expansion Space Move-In Period (as defined below) only, Tenant’s delivery of an executed original of this LeaseCabling and other furniture, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Leasefurnishings, and the insurance certificates evidencing Tenant’s insurance policies required under this Leaseinventory, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Leaseequipment, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancyor trade fixtures, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the applicable terms and conditions of this Lease, except for the Lease (as amended hereby). At Tenant’s obligation request from time to pay Rent (which obligation shall commence upon time Landlord will inform Tenant of Landlord’s good faith determination of the projected Expansion Space Commencement Date. Neither Tenant nor any Agent of Tenant shall enter the Expansion Space during those times that Landlord determines such entry will unreasonably interfere with activities of Landlord or Landlord’s Agents, subject and, in such event, Landlord shall notify Tenant of specific times during which Tenant may make such entry. Any and all activity by Tenant or any Agent of Tenant prior to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Expansion Space Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing coordinated with Landlord and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only its general contractor to the extent ensure that such early access and installation activities will activity does not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premiseswork. If Landlord reasonably determines that Tenant’s early access any such interference is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Workoccurring, then Landlord shall have the right to limit require the removal of the offending party from the Expansion Space (with Tenant having no right to assert that the Expansion Space Commencement Date or Tenant’s other obligations are affected thereby). During the Expansion Space Move-In Period, neither Tenant nor any of its Agents shall unreasonably delay or otherwise restrict Tenantinhibit work being performed by Landlord or Landlord’s access during the Early Access Period without any liabilityAgents.
Appears in 1 contract
Samples: Office Lease Agreement (IMARA Inc.)
Early Access. Subject Provided that all conditions to Tenant’s delivery of an executed original the effectiveness of this LeaseSublease have been satisfied, Sublandlord agrees to provide Subtenant with access to Phase 1 and Phase 2 as soon as reasonably practicable for the prepaid Base Rent sole purpose of designing, constructing and installing the Subtenant Improvements (defined in section 7) and the Letter of Credit as required elsewhere Building Modifications (defined in this Leasesection 8) and otherwise preparing such Phases for Subtenant's occupancy. Similarly, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall Sublandlord agrees to provide Tenant Subtenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day Phase 3, for such purposes, as soon as reasonably practicable following the date vacation of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”)such Phase by its current occupant. Such period of early access shall commence be on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, Sublease except for Tenant’s that (i) Subtenant's obligation to pay Base Rent (which obligation applicable to a Phase shall commence upon on the Rent Commencement DateDate for each such Phase, subject (ii) Subtenant's obligation to the abatement pay Subtenant's Proportionate Share of Base Rent provided Common Area Expenses and insurance, and Subtenant's obligation to pay Subtenant's share of utilities expenses shall commence on commencement of demolition or construction work by Subtenant in the Basic Lease Information). Notwithstanding the foregoingSublease Premises, the conduct and (iii) Subtenant's obligation to pay Subtenant's Proportionate Share of business in the Premises Real Property Taxes shall cause an immediate acceleration of commence on the Commencement Date for each such Phase. All activities by Subtenant and its employees, agents, contractors, subcontractors and invitees in each Phase prior to the date Commencement Date for such Phase shall be conducted in accordance with the terms of Tenant’s initial conduct this Sublease and in a manner so as to minimize any disruption to the operations of business Sublandlord or other subtenants in the PremisesBuilding. During Notwithstanding anything herein to the Early Access Periodcontrary, Tenant may enter Subtenant shall not be provided with early access to any Phase pursuant to this subsection 2(c) unless and until (i) all conditions precedent to this Sublease have been satisfied, (ii) Subtenant has deposited with Sublandlord the Premises (but not any other cash portion and the Letter of Credit portion of the Building or Security Deposit (as provided in section 4), (iii) Subtenant has paid to Sublandlord the Project other than for ingress and egress) Base Rent due for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all first month of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant Sublease Term (as provided in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early accesssection 3), and (yiv) comply with Subtenant has provided to Sublandlord evidence of all Laws applicable insurance required to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required be maintained by Subtenant under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitySublease.
Appears in 1 contract
Samples: Sublease Agreement (Deltagen Inc)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with be allowed early access to the Premises on the latest to occur of beginning thirty (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1530) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Relocation Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, installation of Tenant's furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a(i) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work Tenant shall coordinate its planned installation efforts, and the timing thereof, with Landlord's project manager; (ii) any delay in Substantial Completion arising from such early access by Tenant, its, employees, contractors, invitees, or agents shall constitute a Tenant Delay; (iii) satisfactory evidence of insurance as required by Article 11 of the Lease shall first have been provided to Landlord; and (iv) there shall be harmonious union labor relations between the contractors, subcontractors, suppliers and vendors on-site, and no disruption of the Work arising from Tenant's early occupancy hereunder shall be permitted.
1. For the period of time between the Effective Date of this Third Amendment and the end of the thirtieth month thereafter (the “ROFO Period”), Tenant shall have a right of first offer (the “Right of First Offer”) with respect to approximately 5,842 square feet of Net Rentable Area adjacent to the Relocation Premises as shown on Exhibit C-1 attached hereto, if and when such space comes available in the PremisesBuilding during the Term, upon the terms and conditions set forth in this Exhibit C.
2. If the ROFO Space becomes available at any time during the ROFO Period, Landlord reasonably determines shall notify Tenant (the “First Offer Notice”) of such availability of the ROFO Space. In the First Offer Notice, Landlord shall offer to lease to Tenant all (but not a part or parts) of the ROFO Space then available. The First Offer Notice also shall set forth the rental amount and other terms upon which Landlord is willing to lease the ROFO Space (which, if the First Offer Notice is sent on or before the first anniversary of the Relocation Commencement Date, shall be on all the same terms and conditions of the Lease, except that the Construction Allowance, as such term is defined in the Work Letter attached to this Third Amendment as Exhibit B, shall be prorated). The lease term of the ROFO Space shall be coterminous with the Term of the Lease. If Tenant wishes to exercise its Right of First Offer with respect to the ROFO Space, then within ten (10) business days of the delivery of the First Offer Notice to Tenant (the “First Offer Expiration Date), Tenant shall deliver written notice to Landlord of Tenant’s early access is interfering 's intention to exercise the Right of First Offer with respect to the entire ROFO Space. [f, however, Tenant decides not to exercise the Right of First Offer, either by (a) notifying Landlord in any material way with Landlord’s ability writing on or before the First Offer Expiration Date of Tenant's decision not to exercise the right of first offer, or (b) by failing to deliver possession to Landlord written notice of acceptance on or before the Premises in the condition required under this Lease and/or to complete the WorkFirst Offer Expiration Date, then Landlord shall have be free to lease all or any part of the right ROFO Space to limit anyone whom Landlord desires, on material terms substantially similar to the terms set forth in the First Offer Notice; provided, however, that (i) the restriction set forth herein regarding substantially similar material terms shall expire forty five (45) calendar days after the First Offer Expiration Date; and (ii) upon the execution of a lease between Landlord and a new tenant with respect to the ROFO Space, the Right of First Offer shall thereafter be null, void and of no further force or otherwise restrict Tenant’s access effect with respect to the ROFO Space leased by such new tenant.
3. Notwithstanding anything to the contrary herein, if Tenant exercises the Right of First Offer at any time during the Early Access Period without first twelve (12) months following the Effective Date of this Third Amendment, then Tenant's lease of the ROFO Space designated in the First Offer Notice shall be on the same terms and conditions as those pertaining to the Relocation Space except that the Construction Allowance for the ROFO Space shall be prorated.
4. In the event Tenant duly exercises the Right of First Offer as set forth in paragraph 2 above, Landlord and Tenant shall, within thirty (30) days thereafter, execute an amendment to the Lease memorializing Tenant's lease of the ROFO Space upon the terms and conditions set forth in the First Offer Notice and this Exhibit C.
5. For the avoidance of doubt, the parties acknowledge that the Right of First Offer, if not exercised by Tenant in accordance with the provisions of this Exhibit C prior to the end of the ROFO Period, shall be null, void and of no further force or effect as of the first day following the expiration of the ROFO Period.
6. Tenant acknowledges and agrees that the Right of First Offer set forth herein shall be subject and subordinate to (a) existing tenant leases for the Building as of the Effective Date of this Third Amendment, and (b) any liabilityrights of renewal, expansion or extension contained in any such existing tenant leases. In addition, notwithstanding anything in the Lease to the contrary, the Right of First Offer granted herein shall be deemed personal to Tenant and shall not be deemed included with any assignment of Tenant's interest in and to the Lease and the Premises.
Appears in 1 contract
Early Access. Subject Prior to the date the Landlord Work is Substantially Complete, Tenant’s delivery access to the Premises shall be permitted only with the prior written consent of an executed original Landlord, which consent shall not be unreasonably withheld. In addition, so long as Tenant is accompanied by the Building’s property manager, Tenant shall have access to the Premises prior to the date the Landlord Work is Substantially Complete for the purpose of observing the construction of the Landlord Work. Early access to the Premises shall be subject to the terms and conditions of this LeaseLease and Tenant shall pay Rent (defined in Section 4.A) to Landlord for each day of such early access. However, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with if such early access to the Premises on is permitted by Landlord for the latest sole purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to occur pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (i) e.g., freight elevator usage). In connection with the first (1st) Business Day following the date of mutual execution and delivery of this Leaseforegoing, (ii) the first (1st) Business Day following the date on which Landlord determines agrees that Tenant may enter the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) on or after 15 days prior to Landlord’s then-estimated date of delivery Substantial Completion of the Premises (in any caseLandlord Work for the sole purpose of installation of furniture, the “Access Date”). Such period of early access shall commence on the Access Date fixtures and continue through the date immediately preceding the Commencement Date equipment (the “Early Access PeriodEntry”)) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and Tenant’s access during the further provided that such Early Access Period Entry shall be subject to all of the terms and conditions of contained in this Lease, except for Tenant’s obligation to pay Rent Lease (which obligation shall commence upon other than the Commencement Date, subject to the abatement payment of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of and Tenant’s initial conduct Pro Rata Share of business Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Prior to any such Early Access PeriodEntry, and Tenant shall (x) provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines event that Tenant’s early access is interfering in any material way Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s ability to deliver possession operations or the operations of the Premises other tenants in the condition required under this Lease and/or to complete the WorkBuilding, then Landlord shall have the may terminate Tenant’s right to limit or otherwise restrict Tenant’s access during Early Entry, and any delay in the Landlord Work attributable to such Early Access Period without any liabilityEntry will be deemed a Tenant Delay as provided in this Lease.
Appears in 1 contract
Early Access. Subject So long as Landlord shall have first received payment of the first installment of Base Rent payable hereunder, evidence of the insurance coverage required pursuant to Tenant’s delivery Section 9, and the Security Deposit required pursuant to Section 11, then Landlord shall provide Tenant early access (i) to the 20 Xxxxxx Xxxx Premises as of an executed original the date of this Lease, and (ii) to the prepaid Base Rent and 24 Cherry Hill Premises on April 1, 2017. Such early access shall be to perform Tenant's Work as set forth in Exhibit D attached hereto. In connection with such access , Tenant agrees (a) to cease promptly upon notice from Landlord any Tenant's Work which is not set forth on Exhibit D, is not directly related to the Letter Work described therein or is not otherwise in compliance with the provisions of Credit as required elsewhere in this Lease, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant 's Work with early access to any other activity or work in the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”)Building. Such period of early access by Tenant shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be deemed to be subject to all of the applicable provisions of the Lease, except that there shall be no obligation on the part of Tenant solely because of such access to pay Base Rent, Taxes or Operating Expenses prior to the Commencement Date with respect to the 20 Xxxxxx Xxxx Premises or prior to the 20 Xxxxxx Xxxx Commencement Date with respect to the 20 Xxxxxx Xxxx Premises. If Tenant fails to comply with the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in during the Premises. If Landlord reasonably determines that Tenant’s period of early access is interfering in any material way with after one (1) business day prior notice from Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit immediately suspend Tenant's right to right to access the Premises early. Anything herein to the contrary notwithstanding, if early access to the 20 Xxxxxx Xxxx Premises is not delivered to Tenant by April 15, 2017, or otherwise restrict Tenant’s access during possession of the Early Access 20 Xxxxxx Xxxx Premises is not delivered to Tenant by May 15, 2017, then for each day of delay thereafter, the 20 Xxxxxx Xxxx Base Rent Abatement Period without any liabilityshall be extended by one day.
Appears in 1 contract
Samples: Lease Agreement (Abiomed Inc)
Early Access. Subject Prior to the date the Landlord Work is Substantially Complete, Tenant’s delivery access to the Premises shall be permitted only with the prior written consent of an executed original Landlord. Early access to the Premises shall be subject to the terms and conditions of this LeaseLease and Tenant shall pay Rent (defined in Section 4.A) to Landlord for each day of such early access. However, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with if such early access to the Premises on is permitted by Landlord for the latest sole purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to occur pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (i) e.g., freight elevator usage). In connection with the first (1st) Business Day following the date of mutual execution and delivery of this Leaseforegoing, (ii) the first (1st) Business Day following the date on which Landlord determines agrees that Tenant may enter the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) no more than 15 days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the anticipated Commencement Date for the sole purpose of installing furniture, fixtures and equipment (the “Early Access PeriodEntry”)) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and Tenant’s access during the further provided that such Early Access Period Entry shall be subject to all of the terms and conditions of contained in this Lease, except for Tenant’s obligation to pay Rent Lease (which obligation shall commence upon other than the Commencement Date, subject to the abatement payment of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of and Tenant’s initial conduct Pro Rata Share of business Excess Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Prior to any such Early Access PeriodEntry, and Tenant shall (x) provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines event that Tenant’s early access is interfering in any material way Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s ability to deliver possession operations or the operations of the Premises other tenants in the condition required under this Lease and/or to complete the WorkBuilding, then Landlord shall have the may terminate Tenant’s right to limit or otherwise restrict Tenant’s access during Early Entry, and any delay in the Landlord Work attributable to such Early Access Period without any liabilityEntry will be deemed a Tenant Delay as provided in this Lease.
Appears in 1 contract
Samples: Office Lease (Varolii CORP)
Early Access. The current occupant of the Premises (the “Current Occupant”) is, as of the Effective Date, in the process of removing its fixtures and equipment from the Premises. Subject to Tenant’s delivery of an executed original the terms and conditions of this Lease, Lease and provided Landlord has received the prepaid pre-paid Base Rent and required hereunder, the Letter of Credit as and all evidence of insurance coverage required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Leasehereunder, Landlord shall provide will allow Tenant with early access to enter the Premises on for the latest to occur of seven (i7) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such day period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”)) immediately following the date upon which both (i) the Current Occupant completes such removal and (ii) Landlord completes Landlord’s Work, and prior to the Commencement Date, solely for the purpose of installing furniture, fixtures and equipment in the Premises (if Tenant completes such installation and commences business operations in the Premises prior to the expiration of such seven (7) day period, the Early Access Period will be deemed to have expired as of the end of the day immediately preceding Tenant’s access first (1st) day of business operations in the Premises). Landlord may withdraw its permission for Tenant to so enter the Premises during the Early Access Period at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for Landlord, Tenant, Tenant’s vendors and contractors or other tenants in the Building. Such early entry shall be subject to all of the terms and conditions provisions of this Lease, except for Tenant’s that Tenant shall have no obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of or other charges during such early access period unless Tenant commences business operations in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that during such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityperiod.
Appears in 1 contract
Samples: Office Lease Agreement (RPX Corp)
Early Access. Subject Tenant shall have the right from time to time to come onto the Premises and Tenant’s delivery Roof Deck Area for inspections and measurements and for up to 30 days immediately prior to the date of an executed original Substantial Completion of this LeaseLandlord’s Premises Work to access the Premises and Tenant’s Roof Deck Area, upon prior notice to Landlord at times reasonably designated by Landlord, for purposes of taking measurements, conducting due diligence and inspections thereof, installing wiring and cabling, installing workstations, building-out the IT room, and accessing the IT closets in the Premises at the same time that Landlord performs Landlord’s Premises Work (collectively, the prepaid Base Rent “Early Access Work”). Landlord and the Letter of Credit Tenant shall use reasonable efforts to cooperate with each other so as required elsewhere in this Lease, and the insurance certificates evidencing to permit Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access and Landlord’s performance of work in the Premises and Tenant’s Roof Deck Area at the same time. If Tenant’s access to the Premises on or Tenant’s Roof Deck Area interferes with the latest performance by Landlord of Landlord’s Premises Work, Landlord shall, notwithstanding the foregoing, have the right to occur notify Tenant of such interference (iwhich notification may be oral) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines Tenant shall immediately discontinue such interference. Such access to the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days or Tenant’s Roof Deck Area by Tenant prior to Landlord’s then-estimated date of delivery the Commencement Date shall not be deemed to be use and occupancy by Tenant of the Premises (in any case, nor Tenant having taken possession of the “Access Date”). Such period Premises for purposes of early access shall commence on the Access Date and continue through the date immediately preceding determining the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period but shall otherwise be subject to all of the terms and conditions of this the Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject . Notwithstanding anything to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoingcontrary contained herein, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all entitled to notice of the foregoing a claimed Tenant Delay as and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the provided in a Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityLetter.
Appears in 1 contract
Samples: Lease Agreement (2U, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide allow Tenant with early access to the Premises on approximately but no less than three (3) months prior to the latest Target Delivery Date subject to occur Force Majeure and Tenant Delays (“Early Access”), provided that all of the following have occurred: (i) the first (1st) Business Day following the date of mutual execution this Lease is fully executed and delivery of this Lease, delivered by Landlord and Tenant; (ii) Tenant has deposited with Landlord both Installments of the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, Security Deposit pursuant to Section 1.07; and (iii) fifteen 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 (1530) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”)period, Tenant may begin storing product in the Building, provided that such storage does not interfere with the timely Substantial Completion and Tenant’s access 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 Period to the Premises shall be subject to all of the terms 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 conditions 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 interference is not ceased within twenty-four (24) hours of such notice, such interference shall be deemed a “Tenant Delay.” Any materials of Tenant or Tenant’s agents, employees, contractors, licensees or invitees (collectively, “Tenant Parties” and individually, a “Tenant Party”) stored in the Premises during such Early Access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises during the Early Access period. Tenant shall access the Premises during the period of Early Access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any Early Access period. The Early Access period shall end upon the occurrence of the Commencement Date, at which time Tenant shall have possession of the Premises for the Permitted Use subject to, and in accordance with, the provisions of this Lease, except for Tenant’s obligation to pay Rent twenty-four (which obligation shall commence upon 24) hours per day, seven (7) days per week, fifty-two (52) weeks per year during the Commencement Date, subject to the abatement Term of Base Rent provided in the Basic Lease Information)this Lease. Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession operate out of the Premises to until Tenant in has obtained any applicable business licenses and a temporary or permanent certificate of occupancy permitting Tenant’s use of the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during Premises for the Early Access PeriodPermitted Use; Landlord shall, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory at no cost or expense to Landlord, prior use commercially reasonable efforts to and as a condition to such early access, and (y) comply assist Tenant in connection with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability efforts to deliver possession obtain such certificate of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityoccupancy.
Appears in 1 contract
Early Access. Subject Following twenty-four (24) hours’ notice to Tenant’s delivery Landlord and upon receipt of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Leasewritten approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall provide permit Tenant with early access and its agents to enter the Premises on the latest to occur of approximately thirty (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1530) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”)) for the sole purpose of installing, and at Tenant’s access during sole cost and expense, its furniture, fixtures, equipment and cabling in the Early Access Period Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be subject in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the terms and conditions provisions of this Lease, Lease except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided as expressly set forth in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premisesthis Section 41.2. During the Early Access Period, Tenant may enter the Premises shall have no obligation to pay Basic Rent or electricity costs (but provided Tenant’s electricity usage during such Early Access Period is not excessive). Landlord shall not be liable in any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and way for any injury, loss or damage thereto from which may occur to any cause whatsoeversuch work being performed by Tenant, the same being solely at Tenant’s risk. Such All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early access and installation entry shall be permitted only borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Except to the extent that arising from the gross negligence or willful misconduct of Landlord, Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work during such early access and installation activities will entry (including, but not interfere with the accesslimited to, use and occupancy claims for breach of the Building warranty, personal injury or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Leaseproperty damage). The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right right, in Landlord’s sole and absolute discretion, to limit settle, compromise, or otherwise restrict Tenantdispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s access during building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Early Access Period without any liabilityRules and Regulations attached hereto.
Appears in 1 contract
Samples: Lease Agreement (Anaptysbio, Inc)
Early Access. Subject Tenant shall be permitted to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to enter the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “"Early Access Period”)") for purposes of installing Tenant's cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant’s access 's entry into the Premises during the Early Access Period shall be subject to and conditioned upon Tenant's coordination of such entry with Landlord and Landlord's general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures and equipment shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation . Tenant will not be obligated to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full rent during the Early Access Period. In no event shall Tenant or Tenant's employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant shall (x) provide certificates fails to cease such interference promptly after notice from Landlord specifying the nature of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractorssuch interference, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit terminate Tenant's early access. Other than with respect to the gross negligence of Landlord or otherwise restrict Tenant’s access Landlord's agents, Tenant hereby releases and discharges Landlord and Landlord's employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Early Access Period without Premises during any liabilityperiod of early access, as construction and other activities may be ongoing.
Appears in 1 contract
Samples: Office Lease (Zogenix Inc)
Early Access. Subject to Tenantreceipt of the Master Landlord’s delivery of an executed original of this Leaseconsent referred to in Section 3 below, during the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days day period prior to Landlord’s then-estimated the date of delivery Sublandlord delivers exclusive possession of the Sublease Premises (in any caseto Subtenant, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period Subtenant shall be subject allowed non-exclusive access to the Sublease Premises. During such period, Subtenant shall comply with all of the applicable terms and conditions of this LeaseSublease (including without limitation, except for TenantSubtenant’s insurance and indemnity obligations, but specifically excluding Subtenant’s obligation to pay Base Rent (which obligation and Additional Rent). Prior to accessing the Sublease Premises and as a condition precedent to Sublandlord’s grant of access, Subtenant shall commence upon have delivered to Sublandlord Base Rent and estimated Operating Expenses for the second month following the Rent Commencement Date, subject the Security Deposit required pursuant to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration this Sublease and provide to Sublandlord evidence of the Commencement Date insurance required pursuant to this Sublease and the date of Tenant’s initial conduct of business in the PremisesMaster Lease. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) Such early access shall be for the sole purpose of installing cabling, furniture, fixtures and equipmentequipment and for the construction of Subtenant’s improvements or “fit-up.” If Subtenant begins operation of its business within the Sublease Premises prior to June 1, provided that Tenant 2017, the Commencement Date and Rent Commencement Date shall be solely responsible for all accelerated to the date that Subtenant begins operation of its business. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (and has not elected to recapture the Sublease Premises) and still Sublandlord fails to deliver exclusive possession of the foregoing and for any loss Sublease Premises to Subtenant on or damage thereto from any cause whatsoever. Such early access and installation before June 15, 2017, then, in addition to Subtenant’s rent abatement rights under Section 2.2 above, Subtenant shall be permitted only entitled to the extent one (1) additional day of abated Base Rent for each day that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay LandlordSublandlord’s delivery of exclusive possession of the Sublease Premises to Tenant in Subtenant is delayed beyond June 15, 2017. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (and has not elected to recapture the condition required under this Lease. The provisions of Sections 8(aSublease Premises) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability still Sublandlord fails to deliver exclusive possession of the Sublease Premises to Subtenant on or before July 1, 2017, then, Subtenant may terminate this Sublease at any time after July 1, 2017 and before August 1, 2017 by giving Sublandlord ten (10) days prior written notice to terminate, in which case this Sublease shall terminate on the condition required under this Lease and/or to complete day following the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.last day of
Appears in 1 contract
Samples: Sublease (Mobileiron, Inc.)
Early Access. Subject Sublandlord agrees to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant cooperate with early 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 latest to occur of (i) Delivery Date, for design and construction purposes and for the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery purposes of the installation of furniture, fixtures and equipment and preparing the Initial Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date for occupancy (the “Early Access PeriodActivities”), 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 Tenant’s has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access during (a) shall be solely for the Early Access Period 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 of the terms and conditions of this LeaseSublease (including without limitation Section 11 hereof), except for Tenant’s 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 obligation invoice shall commence upon 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, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoingExpansion Premises Commencement Date, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access PeriodExpiration Date, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityTerm.
Appears in 1 contract
Early Access. Subject Notwithstanding anything herein to Tenantthe contrary, Sublandlord shall deliver possession of the Existing Premises to Subtenant in the required condition and permit Subtenant and Subtenant’s delivery employees and agents to enter the Existing Premises commencing on December 1, 2021 or such later date as the conditions described in subparts (i)-(iii) below are satisfied (the “Early Occupancy Date”), to prepare the Existing Premises for Subtenant’s use and occupancy, provided, however, such early occupancy of an the Existing Premises shall be permitted by Sublandlord only if: (i) this Sublease is fully executed original of this Lease, by both Sublandlord and Subtenant prior to the prepaid Early Occupancy Date; (ii) Subtenant has delivered to Sublandlord the Base Rent (as defined in Section 3(a)) for the first month of the Term and the Letter evidence of Credit insurance as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, Sublease; and (iii) fifteen (15) days Sublandlord and Subtenant have received the Consent prior to Landlord’s then-estimated date of delivery the Early Occupancy Date. Any period prior to the Existing Premises Commencement Date during which Subtenant is in possession of the Existing Premises (in any case, shall be referred to herein as the “Access Date”). Such period Pre-Possession Term.” Subtenant agrees that Subtenant’s occupancy of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access Existing Premises during the Early Access Period Pre-Possession Term shall be subject to all of the terms terms, covenants, and conditions of this Sublease and the Master Lease, except for Tenant’s obligation except, however, Subtenant shall not be obligated to pay Rent (which obligation except Subtenant shall commence upon be obligated to pay for requested services) from the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Early Occupancy Date to the date Existing Premises Commencement Date and any Subtenant’s obligations relating to indemnification or insurance shall not be applicable to any acts, negligence or willful misconduct of Tenant’s initial conduct of business in the PremisesSublandlord or its agents or contractors during such Pre-Possession Term. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only Notwithstanding anything to the extent that such early access and installation activities will not interfere with the accesscontrary herein, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a(A) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability if Sublandlord fails to deliver possession of the Existing Premises as required above on or before December 15, 2021 for any reason other than the failure of the conditions described in subparts (i)-(iii) above to be satisfied, the condition required date Subtenant is obligated to commence paying Rent shall be delayed by one (1) day for each such day of delay and (B) Subtenant shall have no liability under this Lease and/or Sublease with respect to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityExisting Premises until such delivery occurs.
Appears in 1 contract
Samples: Sublease (Upstart Holdings, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the Guaranty, the prepaid Base Rent and the Letter of Credit Security Deposit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Delivery Date”). Such period of early access shall commence on the Access Delivery Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises; provided, however, that it shall not constitute the “conduct of business” for Tenant to store assets and equipment at the Premises or to allow Tenant Parties access to such assets and equipment to remove them during the Early Access Period. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egressComplex) for the sole purpose of storing equipment, installing cablingtelephones, furnitureelectronic communication equipment, fixtures and equipmentfurniture, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoeverwhatsoever except to the extent caused by Landlord’s gross negligence or willful misconduct. Such early access and such installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project Complex by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Leaseoccupant. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability For purposes of clarity, Tenant shall not be required to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access pay Base Rent and Additional Rent during the Early Access Period without any liabilityPeriod; provided, however, Tenant shall pay the cost of services and utilities provided to the Premises.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent Seller and the Letter of Credit as required elsewhere Purchaser shall cooperate in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with providing early access to the Premises for the period from and after the date of full execution of this Agreement (the “Signing Date”) and prior to the Effective Date, to permit Purchaser to familiarize itself with, and prepare for full occupancy of, those portions of the Premises vacated by Seller and accepted by Purchaser in accordance with a phased occupancy plan approved by Seller and Purchaser and attached hereto as Schedule 1.5. Purchaser’s activities on the latest to occur Premises during such early access period shall be in full compliance with applicable provisions of the Lease. Purchaser shall have no obligation for rent, property taxes or other Premises operating expenses; provided, however, Purchaser shall be responsible for (i) the first (1st) Business Day following the date all of mutual execution its costs of clean rooms cleaning, and delivery of this Lease, (ii) costs for the first (1st) Business Day following treatment and removal of its biohazard, hazardous materials and waste products and environmental materials, the date handling, treatment, disposal and/or storage of which is regulated under applicable law, all such activities to be in accordance with such laws during such early occupancy. Seller shall have no obligation to provide services to Purchaser as to such materials. Purchaser’s activities on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlordthe Effective Date shall not interfere with Seller’s then-estimated date activities on the Premises during such period. Seller shall maintain and Purchaser shall obtain appropriate liability and casualty insurance policies during the period of delivery such early occupancy, which each of such insurance policies shall name the other party as an additional insured thereunder to the extent of their respective interests. Purchaser shall also maintain workers compensation insurance in statutorily required amounts with respect to its employees occupying any portion of the Premises (in any case, prior to the “Access Effective Date”). Such period Each party shall receive appropriate certificates of such insurance prior to the commencement of Purchaser’s early access shall commence on occupancy. From and after the Access Signing Date and continue through until the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Effective Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord Purchaser shall have the right to limit or otherwise restrict Tenant’s access during contact and initiate meetings with Landlord directly regarding the Early Access Period without any liabilityLease and the Premises; provided, however, Seller shall be provided contemporary notice of such contact and Seller shall have the right to participate in all such contacts and meetings.
Appears in 1 contract
Samples: Lease Assignment and Asset Purchase Agreement (Tanox Inc)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, Provided the prepaid Base Rent LESSEE is not in any material default hereunder after any notice and the Letter of Credit as required elsewhere in this Leasegrace periods, and the insurance certificates evidencing Tenant’s insurance policies required under this LeaseLESSEE does not interfere with the rights of other tenants or the LESSOR’S Work or the Tenant Improvements, Landlord shall provide Tenant with early the LESSEE will be allowed, upon reasonable notice to LESSOR, reasonable access to the Expansion Premises on the latest to occur of seven (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (157) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Expansion Commencement Date to permit LESSEE to prepare the Expansion Premises for its use and occupancy (the “Early Access Period”but not to conduct business therein), including without limitation installing wiring and Tenant’s access during the Early Access Period cabling, furniture and equipment. During such access, LESSEE shall be subject to bound by all of the terms obligations of the LESSEE under the Lease Agreement, as amended, including any and conditions all insurance requirements, but, provided that said access is solely for the purpose of this Leasepreparing the Expansion Premises for LESSEE’S use and occupancy, including without limitation installing wiring and cabling, furniture and equipment, excluding the payment of base rent and LESSEE’S proportionate share of real estate taxes and operating costs during the above-mentioned early access period. Notwithstanding the above, except for Tenant’s obligation to pay Rent (which obligation shall commence upon LESSOR’S Work, LESSEE accepts the Commencement DateExpansion Premises and the entire Leased Premises in its current “AS IS” condition and acknowledges that the Initial Premises are currently occupied by the LESSEE and that the Initial Premises, subject as delivered and currently constituted, is suitable for the LESSEE’S intended use. LESSEE acknowledges that all work, if any, contemplated in the Lease Agreement including but not limited to the abatement of Base Rent provided in Exhibit B thereto, to be performed by the Basic Lease Information). Notwithstanding LESSOR has been completed to the foregoing, the conduct of business in the Premises shall cause an immediate acceleration full satisfaction of the Commencement Date LESSEE. The Parties acknowledge that the Initial Lease Agreement, First Amendment and this Second Amendment represent the entire agreement between the Parties and that no other modification, written or otherwise, exists between the Parties. The normal rule of construction that any ambiguities be resolved against the drafting party shall not apply to the date interpretation of Tenant’s initial conduct the Initial Lease Agreement, First Amendment or this Second Amendment or any exhibits or amendments thereto. All other terms and provisions under the Lease Agreement shall remain unchanged, are in full force and effect, and are hereby ratified and affirmed. LESSOR and LESSEE hereby acknowledge and confirm that, to the best of business their respective knowledge, neither the LESSOR nor the LESSEE is in default of any other term or condition of the PremisesLease Agreement. During In the Early Access Period, Tenant may enter event of a conflict between this Second Amendment and the Premises (Lease Agreement the terms of this Second Amendment shall govern. All capitalized terms used but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord defined herein shall have the right same definitions ascribed to limit or otherwise restrict Tenant’s access during such terms in the Early Access Period without any liabilityLease Agreement.
Appears in 1 contract
Early Access. Subject to the terms herein and Tenant’s delivery of an executed original of this Leasecompliance with all applicable Laws, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with early have reasonable access to the Premises on the latest to occur of or any portion thereof (“Early Access”): (i) during completion of the first (1st) Business Day following the date Leasehold Improvements to coordinate installation of mutual execution Tenant’s cabling and delivery of this Lease, wiring; and (ii) the first no less than fourteen (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1514) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject Substantial Completion to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date coordinate installation of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipmentequipment to the extent such installation is allowed by the City of Austin prior to issuance of a certificate of occupancy; provided in any such case Tenant’s Early Access does not unreasonably interfere with, provided that or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be solely fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation Lease shall be permitted only to the extent in full force and effect during Early Access. Tenant shall ensure that such early access its phone/data, security, and installation activities will not interfere other vendors comply with all applicable Laws and pull their applicable permits and perform their work in conjunction with the access, use and occupancy Leasehold Improvements so as not to delay completion of the Building or the Project by Landlord or Leasehold Improvements and any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Leaseand all inspections therefor. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents contractors shall coordinate all activities with Landlord in advance and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early accessin writing, and (y) shall comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines Landlord’s reasonable instructions and directions so that Tenant’s early access is interfering in entry does not unreasonably interfere with or delay any material way with work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Workobtain its permits, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitybe deemed a Tenant Delay.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i1) the first (1st) Business Day following the date of mutual Upon execution and delivery of this LeaseLease (and prior to the Effective Date (as defined below) and the Commencement Date), Tenant shall be permitted to enter the Premises for the purpose of commencing (iiand after the Effective Date, completing) the first Tenant Improvements (1stfollowing approval of the same by Landlord) Business Day following the date on which Landlord determines and installing Tenant’s furniture, fixtures (including, without limitation, cable installation) and equipment and otherwise preparing the Premises is free and clear for Tenant’s occupancy. For purposes of any existing tenancythis Paragraph 3(d), and (iii) fifteen (15) days the period prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access Effective Date shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (be referred to as the “Early Access Period”), and .” Such entry onto the Premises prior to the Commencement Date shall be at Tenant’s access sole risk and subject to all the terms and provisions hereof, except for the payment of Rent which shall not commence until the Commencement Date; provided, however, that Tenant’s entry onto the Premises during the Early Access Period shall be subject only to all those provisions in this Lease relating to the construction and installation of the terms Tenant Improvements and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided other provisions set forth in the Basic Lease Informationthis Paragraph 3(d). Notwithstanding the foregoing, Tenant shall pay prior to delinquency the conduct cost of business in any utility services provided to Tenant during the Premises shall cause an immediate acceleration of Early Access Period and at any time prior to the Commencement Date Date, which payment shall be made directly to the date of utility service provider. Landlord shall have the right to impose such additional reasonable conditions on Tenant’s initial conduct of business in the Premises. early entry as Landlord shall deem appropriate.
(2) During the Early Access Period, (i) Landlord shall maintain the insurance required to be maintained by Landlord pursuant to Paragraph 13 and Tenant may enter shall maintain commercial liability insurance in such form and in such amount as required under Paragraph 14(a), (ii) Tenant shall indemnify, defend and hold harmless Landlord and its Agents (as defined below) against and from any and all claims, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees) (collectively, “Claims”) arising from the Premises (but not construction and installation of the Tenant Improvements by Tenant or any other portion of activity done, permitted or suffered by Tenant, its Agents or independent contractors in and about the Premises, the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all Property and/or with respect to any action or proceeding brought on account of the foregoing foregoing, and for any loss or damage thereto (iii) Landlord shall indemnify, defend and hold harmless Tenant and its Agents against and from any cause whatsoeverand all Claims arising from the negligence or willful misconduct of Landlord or its Agents and/or with respect to any action or proceeding brought on account of the foregoing. Such early access and installation If any action or proceeding is brought against Landlord or Tenant, as the case may be, by reason of any Claim against such party, upon written notice from the party against whom any such Claim is brought, the other party shall defend the same at its expense by counsel reasonably satisfactory to the party against whom any such Claim is brought. The foregoing indemnity shall not relieve any insurance carrier of its obligations under any policies required to be permitted only carried by either party to the extent that such early access and installation activities will not interfere with policies cover the access, use and occupancy of the Building peril or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant occurrence that results in the condition required under this LeaseClaim that is subject to the foregoing indemnity. The provisions of Sections 8(a) and 11 of this Lease foregoing indemnity shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access be effective only during the Early Access Period without and shall survive the termination of the parties’ obligations pursuant to subparagraph (3) below.
(3) Notwithstanding the terms and provisions of Paragraph 47, the terms and provisions of this Paragraph 3(d) shall be effective and otherwise binding upon the Landlord and Tenant immediately upon execution and delivery of this Lease by Landlord and Tenant; provided, that, if the Effective Date has not occurred on or prior to September 20, 2006 and, as a result, either party shall have elected to terminate this Lease pursuant to Paragraph 47, Tenant shall cease all work with respect to the Tenant Improvements and, upon Landlord’s request, remove any liabilityTenant Improvements installed by Tenant and repair any damage and perform any restoration work caused by such removal within ten (10) days following the cessation of such work (the “Early Access Restoration”). Upon completion by the Tenant of the Early Access Restoration (and subject to the survival of the indemnities as provided in subparagraph (2) above), the parties hereto shall have no further obligations under this Paragraph 3(d).
(4) Upon execution and delivery of this Lease, Tenant shall remit to Landlord a deposit in the amount of $153,400 (the “Early Access Deposit”) which shall constitute a security deposit for the performance by Tenant of any Early Access Restoration which it may be obligated to perform pursuant to subparagraph (3) above. If Early Access Restoration is required hereunder and Tenant fails to complete and pay for the cost of such Early Access Restoration as required under subparagraph (3) above, then Landlord shall be entitled to apply all or any portion of the Early Access Deposit to the payment of any costs or expenses incurred by Landlord to complete any Early Access Restoration which has not been completed and/or paid for by Tenant. Notwithstanding the foregoing, Tenant’s obligation to perform any Early Access Restoration and pay for the cost of same shall not be limited to the amount of the Early Access Deposit. If the Effective Date shall have occurred and as a result, no Early Access Restoration shall be required hereunder, then the Early Access Deposit shall be applied to or credited against the payment of Base Rent and Additional Rent for the first month of the Term which is due and payable by Tenant pursuant to Paragraph 4(a).
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Early Access. Subject Notwithstanding anything to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere contrary in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to deliver the Premises on to Tenant in Base Building Condition (hereinafter defined) but otherwise in its as-is condition so that Tenant can commence the latest construction of the Initial Alterations pursuant to occur of this Paragraph 4. Landlord estimates that it will deliver the Premises to Tenant ninety (i90) the first (1st) Business Day following days after the date of mutual execution and delivery of this Lease (the “Estimated Delivery Date”), however, in no event will the Commencement Date occur earlier than two hundred ten (210) days after mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines unless Tenant commences business operations from within the Premises is free within 210 days of such mutual lease execution and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated delivery. The actual date of delivery of the Premises (to Tenant in any case, Base Building Condition is referred to herein as the “Access Delivery Date”). Such .” All of the terms and conditions of this Lease shall apply during the period of early access shall commence commencing on the Access Delivery Date and continue through the date immediately preceding ending concurrently with the Commencement Date of this Lease (the “Early Access Period”), and Tenant’s access except that no Monthly Rent or payments under Paragraph 7 below shall be due during the such Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information)Period. Notwithstanding the foregoing: (i) if the Delivery Date has not occurred within ninety (90) days following the Estimated Delivery Date (the “First Outside Delivery Date”), the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date unless such failure is due to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Perioda delay caused by Tenant or any Tenant Parties (as defined below) (“Tenant Delay”) or Force Majeure, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that then Tenant shall be solely responsible entitled, as its sole and exclusive remedy for all such delay, to an extension of the foregoing and Abated Rent Period for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to one (1) day for each day after the extent that such early access and installation activities will not interfere with First Outside Delivery Date until the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, Delivery Date; and (yii) comply with all Laws applicable if the Delivery Date has not occurred within one hundred twenty (120) days after the Estimated Delivery Date (the “Second Outside Delivery Date”), unless such failure is due to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Worka Tenant Delay or Force Majeure, then Landlord Tenant shall have the right to limit or otherwise restrict option, in Tenant’s access during sole discretion, of either continuing with an extension of the Early Access Abated Rent Period without or, in lieu thereof, to terminate this Lease at any liabilitytime after the Second Outside Delivery Date and prior to the Delivery Date. When used herein, “Base Building Condition” shall mean that the Building’s roof system, structure and all other Building standard systems (mechanical, electrical, plumbing, HVAC and life safety systems) are in good working order.
Appears in 1 contract
Samples: Office Lease (Salt Blockchain Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that TenantXxxxxx’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Lease Termination Agreement (Spruce Biosciences, Inc.)
Early Access. Subject to Tenant’s delivery the terms of an executed original this Section 2.06, and to all other applicable provisions of this Lease (including, without limitation, Article 7 of this Lease), Landlord will permit Tenant and its agents to enter the Leased Premises prior to the Commencement Date: (a) in order to perform through its own contractors (to be first approved by Landlord) such other work and decorations as Tenant may desire at the same time that the Landlord Work is being performed in the Leased Premises (including, without limitation, the work contemplated by Section 7.04(a) of this Lease, the prepaid Base Rent installation of racking and the Letter of Credit as required elsewhere in this Leasedistribution-related equipment, and the insurance certificates evidencing installation of machinery and assembly lines); and (b) if, and only if, Tenant is able to obtain a temporary certificate of occupancy and any other necessary approvals from any applicable governmental authorities permitting such activities within the Leased Premises notwithstanding the fact that the Landlord’s Work will not then be complete, to operate a distribution facility within the Leased Premises. Landlord will not unreasonably withhold, condition or delay its approval of Tenant’s insurance policies required under this Leasecontractors. If Landlord fails to respond to any request by Tenant for approval of any contractors within five (5) business days after its receipt of such request, Landlord shall provide Tenant with early access be deemed to the Premises on the latest have disapproved such contractors. However, if Landlord is deemed to occur have disapproved such contractors by reason of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date failure to timely notify Tenant in writing of delivery Landlord’s approval or disapproval, Tenant may provide Landlord with written notice of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date such failure to respond (the “Early Access PeriodSecond Notice”), which, in order to be effective, must clearly, conspicuously and Tenant’s access during in bold type face set forth the Early Access Period following statement at the top of the first page of the Second Notice: “SECOND NOTICE! THE FAILURE OF LANDLORD TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER THE RECEIPT OF THIS SECOND NOTICE BY LANDLORD SHALL BE DEEMED TO BE APPROVAL OF THE PROPOSED CONTRACTORS.” If Landlord should fail to notify Tenant in writing of its election as to such proposed alterations within five (5) business days after receipt of such Second Notice, Landlord shall be subject deemed to all of have approved the terms applicable contractors. The foregoing license to enter and conditions of this Lease, except for Tenant’s obligation conduct such activities prior to pay Rent (which obligation shall commence upon the Commencement Date, however, is conditioned upon Tenant’s workmen and contractors working in harmony with and not interfering with the labor employed by “Contractor” (as defined in the Work Letter), Landlord, Landlord’s mechanics or contractors or by any other tenant(s) or their contractors, and not impeding or interfering with Landlord’s Work, or the progress thereof. Such access shall at all times be subject to the abatement control and reasonable restrictions of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability such interference, conflict or delay has been or may be caused, and if Tenant fails to deliver possession of the Premises in the condition required under this Lease and/or cease such interference, conflict or delay within two (2) business days after notice to complete the WorkTenant (which notice may be given by telephone to _____________ or electronic mail to _____________), then Landlord shall have the right to limit or otherwise restrict withdraw permission to enter the Leased Premises upon twenty-four (24) hours’ written notice to Tenant. Such entry shall be deemed to be under all of the terms, covenants, provisions and conditions of this Lease. However, Tenant agrees that any such entry into, and all activities conducted by Tenant within, the Leased Premises shall be at Tenant’s access own risk and Landlord shall not be liable in any way for any injury, loss or damage which may occur to Tenant, including, without limitation, to any of Tenant’s property or installations made in the Leased Premises. Tenant further agrees to protect, defend, indemnify and save harmless Landlord and its beneficiaries and agents from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or Tenant’s contractors in or about the Leased Premises or Building during the Early Access Period performance of Landlord’s Work, including, without limitation, the cost of any liabilityrepairs to the Leased Premises or Building necessitated by the activities of Tenant’s contractors. In addition, prior to the initial entry into the Building or the Leased Premises by Tenant and by each of Tenant’s contractors, Tenant shall furnish Landlord, at Tenant’s sole cost, with policies of insurance covering Landlord, its beneficiaries and agents, as insured parties, with such coverages and in such amounts as Landlord may then require in order to insure Landlord, its beneficiaries or agents against loss or liability for injury or death or damage to property arising out of or connected with any activities of Tenant or Tenant’s contractors. If Tenant’s contractors or anyone employed by Tenant shall cause a delay in completing Landlord’s Work (regardless of whether or not Tenant ceases such delay within the time period set forth above), Tenant agrees that such delay will constitute a Tenant Delay.
Appears in 1 contract
Samples: Lease (Purple Innovation, Inc.)
Early Access. Subject For the period from March 1, 2010 (or such other date as is mutually approved by the parties in writing) to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), Tenant may enter the Premises at its sole risk and expense for the limited purpose of completing the Tenant Improvements and installing equipment and fixtures in preparation for Tenant’s access occupancy, subject to the terms and conditions of this Section 2.2; provided, however, if all of the conditions subsequent set forth in Exhibit B to the Parking Lot Lease are satisfied prior to March 1, 2010, then the Early Access period shall commence immediately upon the full and complete satisfaction of such conditions subsequent. Landlord shall have no liability or responsibility for loss of or damage or injury to any of Tenant’s employees, contractors, representatives, agents, or invitees, or to any of Tenant’s property on or about the Premises during the Early Access Period. Tenant’s entry onto and use of the Premises during the Early Access Period pursuant to this Section 2.2 shall be subject to all of the terms and conditions of this Lease, except for excluding only Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Monthly Base Rent provided in and additional rent (including Tenant’s Share of Operating Expenses), except that Tenant will be responsible to pay utility charges directly attributable to its activities during the Basic Lease Information)Early Access Period. Prior to its early entry on the Premises, Tenant shall provide Landlord with evidence of all insurance required of Tenant or its contractors under this Lease. Notwithstanding the foregoing, the conduct of business Landlord shall have no liability or responsibility with respect to dust, dirt or other conditions resulting from Landlord or Landlord’s agents, employees, contractors, invitees or tenants in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and . Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory agrees to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that exercise Tenant’s early access is interfering rights hereunder during the Early Access Period so as to not interfere in any material way with Landlord and Landlord’s ability to deliver possession of agents, employees, contractors, invitees or tenants in the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityProject.
Appears in 1 contract
Samples: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)
Early Access. Subject After Landlord determines that the Landlord’s First Floor Expansion Premises TI Work has sufficiently progressed to the point where permitting Tenant to enter the First Floor Expansion Premises will not adversely affect the timely completion of the remaining elements of Landlord’s First Floor Expansion Premises TI Work, then prior to the First Floor Expansion Premises Commencement Date Landlord shall permit Tenant to enter the First Floor Expansion Premises for the purpose of preparing the First Floor Expansion Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s delivery sole risk and expense, and, excepting only to the extent caused by the gross negligence or willful misconduct of an executed original Landlord or any of Landlord’s agents, employees or contractors, Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this LeaseLease (excepting only the obligations to pay Base Rent, Tenant’s Pro Rata Share of Expenses, Tenant’s Pro Rata Share of Laboratory Expenses, Tenant’s Pro Rata Share of Taxes or the prepaid Base Rent Amenity Fee with respect to the First Floor Expansion Premises), including the provisions of this Lease regarding obtaining and the Letter of Credit as required elsewhere in this Leasemaintaining insurance coverages, and the insurance certificates evidencing Tenant’s insurance policies required under this Leaseperformance of Alterations in the First Floor Expansion Premises, Landlord shall provide Tenant with early access to notwithstanding that the First Floor Expansion Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (may not yet have occurred. Without limitation, all of such work performed by Tenant in the “Early Access Period”), and Tenant’s access during the Early Access Period First Floor Expansion Premises shall be subject coordinated with any work being performed by Landlord and in such manner as to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation maintain harmonious labor relations. In no event shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, any such work by Tenant may enter the Premises (but not any other portion of damage the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss First Floor Expansion Premises or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s timely performance of the Work and/or otherwise delay Landlord’s delivery of possession of the First Floor Expansion Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the TI Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Lease (Vor Biopharma Inc.)
Early Access. Subject to Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of an executed original proper evidence of this insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the prepaid Base Rent and Premises consisting of approximately 30,562 rentable square feet as shown on the Letter Exhibit A-1 attached to the Second Amendment to Lease (“Early Access Premises”) prior to the Commencement Date for Tenant to use the Early Access Premises for staging in connection with Xxxxxx’s construction of Credit the Tenant Improvements (as required elsewhere defined in this Exhibit X attached to the Lease, and the insurance certificates evidencing ). Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Early Access Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions obligations of this the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access Premises shall be $42,786.80 per month (based on $1.40 per rentable square foot of the Early Access Premises) pro-rated on a per diem basis, and “Tenant’s obligation to pay Rent Share” of “Operating Expenses” (which obligation shall commence upon the Commencement Date, subject as defined in Exhibit B attached to the abatement of Base Rent provided in Lease) for the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Early Access Premises shall cause an immediate acceleration be “fixed” at the amount of $7,640.50 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Lease unless Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation commences its regular business activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitytherefrom.”
Appears in 1 contract
Samples: Lease (Inari Medical, Inc.)
Early Access. Subject Tenant shall be permitted to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to enter the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and ) for purposes of installing Tenant’s access cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant’s entry into the Premises during the Early Access Period shall be subject to and conditioned upon (i) Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, (ii) Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, (iii) Tenant having obtained any and all governmental approvals required for such access, and (iv) Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of attempting to avoid any delay in the Commencement Date shall be deemed reasonable). Such access and the installation of such cabling, security system, furniture, fixtures and equipment shall also be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation including, without limitation, the provisions of Sections 17, 20 and 22; provided, however, that so long as Tenant does not commence the operation of business from the Premises, Tenant will not be obligated to pay Monthly Basic Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base or Excess Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During during the Early Access Period,. In no event shall Tenant or Tenant’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant may enter fails to cease such interference promptly after notice from Landlord specifying the Premises nature of such interference, Landlord shall have the right to terminate Tenant’s access. Such access shall not advance the Termination Date. Other than with respect to the gross negligence of Landlord or Landlord’s contractors or agents (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant in no event shall Landlord be solely responsible for all of the foregoing and liable for any loss of business, loss of profits or damage thereto from any cause whatsoever. Such early access other consequential damages), Tenant hereby releases and installation shall be permitted only to the extent that such early access discharges Landlord and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during the Work and/or otherwise delay Landlord’s delivery of possession Early Access Period. Landlord makes no representation or warranty about safety of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, as construction and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityother activities may be ongoing.
Appears in 1 contract
Early Access. Subject After Landlord determines that the Landlord’s Third Floor Expansion Premises TI Work has sufficiently progressed to the point where permitting Tenant to enter the Third Floor Expansion Premises will not adversely affect the timely completion of the remaining elements of Landlord’s Third Floor Expansion Premises TI Work, then prior to the Third Floor Expansion Premises Commencement Date Landlord shall permit Tenant to enter the Third Floor Expansion Premises for the purpose of preparing the Third Floor Expansion Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s delivery sole risk and expense, and, excepting only to the extent caused by the gross negligence or willful misconduct of an executed original Landlord or and of Landlord’s agents, employees or contractors, Landlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this LeaseLease (excepting only the obligations to pay Base Rent, Tenant’s Pro Rata Share of Expenses, Tenant’s Pro Rata Share of Laboratory Expenses, Tenant’s Pro Rata Share of Taxes or the prepaid Base Rent Amenity Fee with respect to the Third Floor Expansion Premises), including the provisions of this Lease regarding obtaining and the Letter of Credit as required elsewhere in this Leasemaintaining insurance coverages, and the insurance certificates evidencing Tenant’s insurance policies required under this Leaseperformance of Alterations in the Third Floor Expansion Premises, Landlord shall provide Tenant with early access to notwithstanding that the Third Floor Expansion Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (may not yet have occurred. Without limitation, all of such work performed by Tenant in the “Early Access Period”), and Tenant’s access during the Early Access Period Third Floor Expansion Premises shall be subject coordinated with any work being performed by Landlord and in such manner as to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation maintain harmonious labor relations. In no event shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, any such work by Tenant may enter the Premises (but not any other portion of damage the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss Third Floor Expansion Premises or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s timely performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Third Floor Expansion Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the TI Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Lease (Vor Biopharma Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide permit Tenant with early access and its agents to enter (a) the Office Premises approximately four (4) weeks prior to the Premises on the latest to occur of Early Occupancy Date and (ib) the first Laboratory Premises approximately four (1st4) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days weeks prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (each such period, the “Early Access Period”), and for the sole purpose of installing, at Tenant’s access sole cost and expense (except as expressly set forth in the Work Letter Agreement), its furniture, fixtures, equipment and cabling in such portion of the Premises and as otherwise reasonably necessary to perform any facility validations required by Governmental Authorities for Tenant’s Permitted Use, but in no event shall Tenant’s failure to complete such installations or validations during the Early Access Period extend the Commencement Date. Any such entry shall be subject in a manner and upon terms and conditions and at times reasonably satisfactory to Landlord’s representative. The foregoing licenses to enter the Office Premises prior to the Early Occupancy Date and the Laboratory Premises prior to the Commencement Date are, however, conditioned upon Tenant’s agents, contractors and their subcontractors and employees reasonably cooperating and not unreasonably interfering with the work being performed by Landlord. If at any time such entry shall unreasonably interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.3. During each Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses, Real Property Taxes or costs for electricity, gas or HVAC (provided that Tenant’s usage thereof during such Early Access Period is not excessive). Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk, except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work performed by or (excepting the Tenant Improvements or any other work performed by Landlord) on behalf of Tenant or Tenant’s contractors during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage), except to the extent caused by Landlord’s or Landlord’s contractors’ gross negligence or willful misconduct. Landlord shall have the right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall, except as expressly set forth in this Section 41.3, be made in compliance with all terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon Lease and the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress Rules and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityRegulations attached hereto.
Appears in 1 contract
Early Access. Subject Following twenty-four (24) hours’ notice to Tenant’s delivery Landlord and upon receipt of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Leasewritten approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall provide permit Tenant with early access and its agents to enter the Premises on the latest up to occur of sixty (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1560) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”)) for the sole purpose of installing, and at Tenant’s access during sole cost and expense, its furniture, fixtures, equipment and cabling in the Early Access Period Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be subject in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the terms and conditions provisions of this Lease, Lease except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided as expressly set forth in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premisesthis Section 41.1. During the Early Access Period, Tenant may enter the Premises (but shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and way for any injury, loss or damage thereto from which may occur to any cause whatsoeversuch work being performed by Tenant, the same being solely at Tenant’s risk. Such All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early access and installation entry shall be permitted only borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent that arising out of or in connection with any and all work during such early access and installation activities will entry (including, but not interfere with the accesslimited to, use and occupancy claims for breach of the Building warranty, personal injury or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Leaseproperty damage). The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right right, in Landlord’s sole and absolute discretion, to limit settle, compromise, or otherwise restrict Tenantdispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s access during building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Early Access Period without any liabilityRules and Regulations attached hereto.
Appears in 1 contract
Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Early Access. Subject So long as Landlord has received from Tenant the first month’s Monthly Base Rent due pursuant to Tenant’s delivery of an executed original Section 5.1 of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and certificates satisfactory to Landlord evidencing the insurance certificates evidencing Tenant’s insurance policies required to be carried by Tenant under this Lease, and, as applicable, the Security Deposit, and so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall provide Tenant with early use reasonable efforts to give Tenant’s designated contractors access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-the estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”)) for purposes of constructing Tenant’s Initial Alterations in accordance with Exhibit H and for installing Tenant’s furniture, fixtures, and equipment (collectively, “Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation that Tenant shall not be obligated to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any liabilityrequest for such early access and any grant of early access shall be subject to Landlord’s prior written approval. Tenant shall cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of any Landlord’s work in the Premises pursuant to the Work Letter attached hereto as Exhibit C (the “Landlord’s Work”). Should Landlord determine such early access interferes with Landlord’s Work, Landlord may deny Tenant access to the Premises until Landlord’s Work is substantially completed. Tenant shall promptly surrender any keys of other means of access to the Premises and otherwise comply with such denial.
Appears in 1 contract
Samples: Commercial Lease (Gigamon LLC)
Early Access. Subject Prior to Tenant’s delivery the Substantial Completion of an executed original of this Leasethe Initial ------------ Improvements (or the Expansion Improvements, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Leaseif applicable), and provided that the insurance certificates evidencing Tenant’s insurance policies required under this LeaseTownship or other governmental authority having jurisdiction does not prohibit the same, Landlord shall provide Tenant with early access to the Premises Initial Improvements (or the Expansion Improvements, if applicable), including, without limitation, access to and the use of loading docks, elevators, construction hoists, electrical service and the like, for the purposes of allowing separate contractors engaged by Tenant to install or construct therein (to the extent then completed) such items for which Landlord and Contractor are not responsible hereunder (together, "Tenant Work"); provided, however, that no Tenant Work may be performed without the prior written consent of Landlord, which consent may be conditioned on the latest submission of plans, specifications, acceptable arrangements for security and other safety precautions, and other details regarding the proposed Tenant Work, and other reasonable arrangements in connection with scheduling, but shall not be otherwise unreasonably withheld or delayed. Further, any and all Tenant Work shall be prosecuted and shall in all instances be subject to occur the conditions and covenants pertaining to New Work (as such term is defined in Section 17.1 hereof) which are set forth in Section 17.1 hereof. The terms, provisions and conditions of Section 2.5(b)(i) hereof and all other terms, provisions and conditions of this Lease pertaining to Tenant Extensions shall apply in connection with Tenant's exercise of its rights of early access under this Section 2.10 and any Tenant Work. In the event Tenant's prosecution of any Tenant Work unreasonably interferes with any work being performed by or on behalf of Landlord, Landlord (ior Contractor, in the instance of the Initial Improvements) shall give written notice to Tenant of such interference as provided in Section 2.5(c) hereof. The rights of Tenant to early access pursuant to this Section 2.10 are hereinafter referred to as "Early Access." Landlord may, at any time, suspend Tenant's rights to Early Access hereunder, in the event that Landlord or Contractor reasonably determines that such Early Access or any Tenant Work is unreasonably interfering with the construction of Landlord's Improvements, is creating security or safety risks or is otherwise not in substantial conformance with the conditions on which the Early Access was granted in the first (1st) Business Day following the date instance. As part of mutual execution Tenant Work, Landlord acknowledges and delivery of this Leaseagrees that Tenant, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancyby separate contractors, shall be installing cables, wiring, and certain other equipment and facilities for Tenant's voice data fiber optics, security systems and other systems which are required to be, or are most efficiently, installed during the pendancy of construction of the Initial Improvements (iiior Expansion Improvements). Landlord shall coordinate with Tenant such installations by Tenant of the foregoing systems pursuant to a schedule that Contractor (or Landlord, in the instance of the Expansion Improvements) fifteen shall timely provide to Tenant. Such schedule will permit Tenant to reasonably complete such installations in as an efficient, timely manner in respect to the ongoing construction of the Landlord's Improvements as is reasonably possible without unreasonable interference to the Contractor (15or Landlord, as aforesaid) or unreasonable interference from the Contractor (or Landlord, as aforesaid). In addition, as part of Tenant Work, Landlord acknowledges and agrees that Tenant, by separate contractors, shall be installing furniture, assembling work station partitions and performing associated work station partition electrical work, which Tenant shall be permitted to undertake, without interference from the Contractor (or Landlord, as aforesaid), not less than thirty (30) days prior to Landlord’s then-estimated date of delivery of the Premises Delivery Date (in any case, the “Access or Expansion Delivery Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of Anything in this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject Section 2.10 to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoingcontrary notwithstanding, Tenant shall not commence the conduct of any business in from the Premises shall cause an immediate acceleration of the Commencement Date Initial Improvements prior to the date of Tenant’s initial conduct of business in Delivery Date, or from the Premises. During Expansion Improvements until the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityExpansion Delivery Date.
Appears in 1 contract
Samples: Build to Suit Office Lease Agreement (Wells Real Estate Investment Trust Inc)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere 2.3.1 Notwithstanding anything contained in this Lease, and Lease to the insurance certificates evidencing Tenant’s insurance policies required under this Leasecontrary, Landlord shall provide allow Tenant with early and Tenant’s Agents, representatives and contractors access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual after full execution and delivery of this LeaseLease for the purpose of planning, (ii) staging and installing the first (1st) Business Day following the date on which Landlord determines Tenant Improvements and otherwise preparing the Premises is free for Tenant’s use and clear occupancy prior to the Commencement Date, including without limitation the installation of any existing tenancywiring, telecommunication systems, furniture, tenant fixtures, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”)general setup. Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of governed by the terms and conditions of this Lease; however, except in no event shall any Base Rent or Additional Rent be payable during such early access period. Landlord shall cooperate fully with Tenant in its efforts to complete the Tenant Improvements and prepare the Premises and Building for Tenant’s obligation to pay Rent use and occupancy. If Substantial Completion of the Tenant Improvements has not occurred by December 20, 2004 because (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided a) Landlord has caused a delay in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration Substantial Completion of the Commencement Date to Tenant Improvements or (b) the date of Tenant’s initial conduct of business in systems and facility servicing the Premises. During the Early Access Period, Tenant may enter the Building and Premises (but not any other portion of the Building or the Project other than for ingress and egressthose listed as Landlord Improvements on Exhibit G) for the sole purpose of installing cablingare not reliably functioning, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord right shall have include the right to limit conduct its business operations from the Premises to the extent permitted by Governmental Requirements.
2.3.2 Prior to any early occupancy by Tenant, Tenant shall have delivered to Landlord certificates of insurance confirming that Tenant has in force the insurance required by this Lease. Prior to commencement of any improvement construction or otherwise restrict fixture installation or any other work, Tenant shall have delivered to Landlord a certificate confirming that Tenant’s access during general contractor maintains commercial general liability insurance written on an occurrence basis, with a combined single limit of not less than $2,000,000, identifying Landlord and Manager as additional named insureds, worker’s compensation insurance in statutory amounts and employer liability insurance with a limit of not less than $1,000,000. Tenant’s entry into the Early Access Period without Premises prior to the Commencement Date shall be at Tenant’s risk, except for the negligence or willful misconduct of Landlord, and subject to all of the terms of this Lease (other than the obligation to pay rent).
2.3.3 Any work or installation (including installation of office cubicles) performed by Tenant shall be completed in compliance with the provisions of this Lease. Tenant shall not knowingly engage or allow its general contractor to retain any liabilityand subcontractors of any tier who (a) are not parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) who do not employ members of such labor organizations to perform work within their respective jurisdictions, unless no subcontractor fitting the descriptions in preceding clauses (a) and (b) is available within the respective jurisdiction for that particular item of work or type of installation.
Appears in 1 contract
Samples: Triple Net Lease (HouseValues, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with be allowed early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures installation of telecommunication equipment and equipment, furniture provided that Tenant shall be solely responsible for all of the foregoing and for (i) any loss or damage thereto delay in Substantial Completion arising from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the accessoccupancy by Tenant, use and occupancy its, employees, contractors, invitees, or agents shall constitute a Tenant Delay, (ii) satisfactory evidence of the Building or the Project insurance as required by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and Article 11 of this Lease shall apply in full during first have been provided to Landlord and (iii) there shall be harmonious union labor relations between the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlordsubcontractors, prior to suppliers and as a condition to such early access, vendors on site and (y) comply with all Laws applicable to such early access work in no disruption of the Premises. If Landlord reasonably determines that Work arising from Tenant’s early access is interfering in occupancy hereunder shall be permitted.
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on any material way with Landlord’s ability to deliver possession part of the Premises in outside or inside of the condition required under this Lease and/or to complete Building without the Work, then prior written consent of the Landlord. Landlord shall have the right to limit or otherwise restrict remove, at Tenant’s expense and without notice, any sip installed or displayed in violation of this rule. All approved signs or lettering on doors and walls shall be printed, painted, affixed or inscribed at Tenant’s expense by a vendor designated or approved by Landlord. In addition, Landlord reserves the right to change from time to time the format or the signs or lettering and to require previously approved signs or lettering to be appropriately altered.
2. If Landlord objects in writing to any curtains, blinds, shades or screens attached to or hung in or used in connection with any window or door of the Premises, Tenant shall immediately discontinue such use. No awning shall be permitted on any part of the Premises. Tenant shall not place anything or allow anything to be placed against or near any glass partitions or doors or windows which may appear unsightly, .in the opinion of Landlord, from outside the Premises.
3. Tenant shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or stairways of the Building. No tenant and no employee or invitee of any tenant shall go upon the roof of the Building.
4. Any directory of the Building, if provided, will be exclusively for the display of the name and location of tenants only and Landlord reserves the right to exclude any other names. Landlord reserves the right to charge for tenant’s directory listing.
5. All cleaning and janitorial services for the l3ttilding and the Premises shall be provided exclusively through Landlord. Tenant shall not cause any unnecessary labor by carelessness or indifference to the good order and cleanliness of the Premises. Landlord shall not in any way be responsible to any tenant for any loss or property on the Premises, however occurring, or for any damage to any tenant’s property by the janitor or any other employee or any other person.
6. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed. No foreign substance of any kind whatsoever shall be thrown into any of them and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose employees or invitees, shall have caused it.
7. Tenant shall store all its trash and garbage within its Premises. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions issued from time to time by Landlord. Tenant will comply with any and all recycling procedures designated by Landlord,
8. Landlord will furnish Tenant two (2) keys free of charge to each door in the premises that has a passage way lock. Landlord may charge Tenant a reasonable amount for any additional keys, and Tenant shall not make or have made additional keys on its own. Tenant shall not alter any lock or install a new or additional lock or bolt on any door of its Premises. Tenant, upon the termination of its tenancy, shall deliver to Landlord the keys of all doors which have been furnished to Tenant, and in the event or loss of any keys so furnished, shall pay Landlord therefor.
9. If Tenant requires telephone, data, burglar alarm or similar service, the cost of purchasing, installing and maintaining such service shall be borne solely by Tenant. No boring or cutting for wires will be allowed without the prior written consent of Landlord.
10. No equipment, materials, furniture, packages, bulk supplies, merchandise or other property will be received in the Building or carried in the elevators except between such hours and in such elevators as may be designated by Landlord. The persons employed to move such equipment or materials in or out of the Building must be acceptable to Landlord.
11. Tenant shall not place a load upon any floor which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. Heavy objects shall stand on such platforms as determined by Landlord to be necessary to properly distribute the weight. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space in the Building to such a degree as to be objectionable to Landlord or to any tenants shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate the noise or vibration. Landlord will not be responsible for loss of or damage to any such equipment or other• property from any cause, and all damage done to the Building by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant.
12. Landlord shall in all cases retain the right to control and prevent access during to the Early Access Period Building of all persons whose presence in the judgment of Landlord would be prejudicial to the safety, character, reputation or interests of the Building and its tenants, provided that nothing contained in this rule shall be construed to prevent such access to persons with whom any tenant normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities. Landlord reserves the right to exclude from the Building between the hours of 6 p.m. and 7 a.m. the following day, or such other hours as may be established from time to time by 1.andlord, and on Sundays and legal holidays, any person unless that person is known to the person or employee in charge of the Building and has a Pass or is properly identified. Tenant shalt be responsible for all poisons for whom it requests passes and shall be liable to Landlord for all nets of such persons. Landlord shall not be liable for damages for any error with regard to the admission to or exclusion from the Building of any person.
13. Tenant shall not use any method of heating or air conditioning other than that supplied or approved in writing by Landlord.
14. Tenant shall not waste electricity, water or air conditioning. Tenant shall keep corridor doors closed. Tenant shall close and lock the doors of its Premises and entirely shut off all water faucets or other water apparatus and electricity, gas or air outlets before Tenant and its employees leave the Premises. Tenant shall be responsible for any damage or injuries sustained by other tenants or occupants of the Building or by Landlord for noncompliance with this rule.
15. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker or other device on the roof or exterior walls of the Building without landlord’s prior written consent, which consent may be withheld in Landlords sole discretion, and which consent may in any liabilityevent be conditioned upon Tenant’s execution of Landlord’s standard form of license agreement. Tenant shall be responsible for any interference caused by such installation.
16. Tenant shall not mxxx, drive nails, screw or drill into the partitions, woodwork, plaster, or drywall (except for pictures, tack boards and similar office uses) or in any way deface the Premises. Tenant shall not cut or bore holes for wires, Tenant shall not affix any floor covering to the floor of the Premises in any manner except as approved by Landlord. ‘rennin shall repair any damage resulting from noncompliance with this rule.
17. Tenant shall not install, maintain or operate .upon the Premises any vending machine without Landlord’s prior written consent, except that Tenant may install food and drink vending machines solely for the convenience of its employees.
18. No cooking shall be done or permitted by any tenant on the Premises, except that approved microwave ovens or equipment for brewing coffee, tea, hot chocolate and similar beverages shall be permitted provided that such equipment and use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations.
19. Tenant shall not use in any space or in the public halls of the Building any hand trucks except those equipped with the rubber tires and side guards or such other material-handling equipment as Landlord may approve. Tenant shall not bring any other vehicles of any kind into the Building.
20. Tenant shall not permit any motor vehicles to be washed or mechanical work or maintenance of motor vehicles to be performed in any parking lot.
21. Tenant shall not use the name of the Building or any photograph or likeness of the Building in connection with or in promoting or advertising Tenant’s business. except that Tenant may include the Building name in Tenant’s address. Landlord shall have the right, exercisable without notice and without liability to any tenant. to change the name and address of the Building.
22. Tenant requests for services must be submitted to the Building office by an authorized individual. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instruction from Landlord, and no employee of Landlord will admit any person (Tenant or otherwise) to any office without specific instructions from Landlord.
23. Tenant shall not permit smoking or carrying of lighted cigarettes or cigars other than in areas designated by Landlord as smoking areas.
24. Canvassing, soliciting, distribution of handbills or any other written material in the Building is prohibited and each tenant shall cooperate to prevent the same, No tenant shall solicit business from other tenants or permit the sale of any good or merchandise in the Building, without the written consent or Landlord.
25. Tenant shall not permit any animals other than service animals, e.g. seeing eye dogs, to be brought or kept in or about the Premises or any common area of the Building.
26. These Rules and Regulations are in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of any premises in the Building. Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular tenant or tenants, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other tenant or tenants, nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any or all of the tenants of the Building.
27. Landlord reserves the right to make such other and reasonable rules and regulations as in its judgment may from time to time be needed for safety and security, for care and cleanliness of the Building, and for the preservation of good order in and about the Building. Tenant agrees to abide by all such rules and regulations herein stated and any additional rules and regulations which are adopted. Tenant shall be responsible for the observance of all of the foregoing rules by Tenant’s employees, agents, clients, customers, invitees and guests. THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is made and entered into as of the 3rd day of February, 2010 (the “Effective Date”), by and between MUSREF 13727 NOEL, L.P., a Washington limited partnership (“Landlord”) and EQUITYMETRIX, LLC, a Texas limited liability company (“Tenant”).
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises Commencing on the latest to occur of (i) date this Lease has been fully executed and delivered by the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through parties hereto until the date immediately preceding prior to the Commencement Date (the “Early Access Period”), and so long as (i) Landlord has received the first (1st) monthly installment of Base Rent pursuant to Section 1.2 above, and the Security Deposit (to be maintained pursuant to the terms of Article 7 below), and (ii) Landlord has received insurance certificates evidencing that Tenant is carrying the insurance required to be carried by Tenant pursuant to the terms of [FINAL EXECUTION COPY] -5- 0000 XXXXXXX XXXXXX SMRH:4888-9988-7969.11 Xxxx’s Fashion Lounge, LLC 062923 54RL-374105 DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 Article 9 below, Tenant shall have the right to access the Premises for the purpose of obtaining measurements and for the purpose of ordering necessary furniture, fixtures and equipment for Tenant’s access Permitted Use; provided, however, that during the such Early Access Period shall be subject to Period, all of the terms and conditions of this LeaseLease shall apply, except for including, without limitation, Tenant’s obligation to pay Rent (to Landlord all sums and charges required to be paid by Tenant under this Lease. Further, no work shall be performed during the Early Access Period by Tenant or its contractors within the Premises without first obtaining Landlord's prior written approval including approval of plans for any cabling, wiring or other work which obligation may affect systems or structure or be visible from outside the Premises and shall commence upon be performed in strict accordance with the Commencement Dateterms of Article 11 of this Lease, subject and all contractors shall comply with the Building's construction rules and regulations. Subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the during such Early Access Period, Tenant may enter shall not be obligated to pay Base Rent or Operating Expenses, Shared Expenses or Taxes for the Premises (but not any other portion so accessed by Tenant until the occurrence of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityCommencement Date.
Appears in 1 contract
Samples: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)
Early Access. Subject When, in Landlord’s reasonable judgment, Xxxxxxxx’s Work with respect to the portion of the Premises not currently occupied by Xxxxxx has proceeded to a point where Tenant may install wires, cables, furniture, fixtures and equipment (“Tenant’s delivery Work”) therein without interfering with the performance of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing TenantLandlord’s insurance policies required under this LeaseWork, Landlord shall provide so notify Tenant with early and, from and after such date of notification, Tenant and its contractors shall have access to the Premises on such area solely for the latest purposes of performing the Tenant’s Work. In connection with such access, Xxxxxx agrees (a) to occur cease promptly upon notice from Landlord any Tenant’s Work which has not been approved by Landlord or is not in compliance with the provisions of (i) the first (1st) Business Day following Lease or which shall interfere with or delay the date performance of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancyLandlord’s Work, and (iiib) fifteen (15) days prior to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Landlord’s then-estimated date of delivery of Work the Premises (in any case, the “Access Date”)Tenant’s Work. Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period by Tenant shall be subject to all of the terms and conditions applicable provisions of this the Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates there shall be no obligation on the part of insurance evidencing the existence and amounts Tenant solely because of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory such access to Landlord, prior to and as a condition to such early accesspay any rent, and (y) comply with all Laws applicable Tenant shall not be deemed thereby to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver have taken or accepted possession of the Premises in or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the condition required obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access. Landlord shall assume no responsibility for the quality or completion of the Tenant Work under this Lease and/or to complete the WorkSection, then Landlord and shall have the right to limit not be responsible for equipment or otherwise restrict supplies of Tenant or Tenant’s access during the Early Access Period without any liabilitycontractors.
Appears in 1 contract
Samples: Lease Agreement (Healthequity Inc)
Early Access. Subject to Tenant’s delivery It is acknowledged and agreed that a portion of an executed original the Phase III Expansion Premises consisting of this Lease, the prepaid Base Rent and the Letter 17,210 square feet of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises rentable floor area located on the latest to occur of second (i2nd) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery floor of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date Building (the “Early Access PeriodPremises Component”)) is currently vacant, and Tenant’s Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015, Tenant shall have the right to access during the Early Access Period Premises Component prior to the Phase III Expansion Premises Commencement Date for the purpose of marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be subject to upon all of the terms and conditions of this Leasethe Lease including, except for without limitation, Tenant’s obligation entitlement to pay Rent use, in connection with such Early Access Premises Component (which obligation shall commence upon the Commencement Dateor portion thereof), subject to the abatement of Base Rent provided pro rata additional parking privileges in the Basic Lease Information). Notwithstanding garage and outdoor surface lot (but excluding the foregoingpayment of Annual Fixed Rent, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tax Excess, Operating Cost Excess and Tenant’s initial conduct Proportionate Share of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoeverelectricity charges). Such early access and installation shall be permitted only at Tenant’s sole risk, and Landlord shall not be responsible for any injury to the extent that persons or damage to property resulting from such early access and installation activities will not interfere with by Tenant. In the access, use and occupancy event that Tenant shall enter into a sublease for any portion or all of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access PeriodPremises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Date, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (x50%) provide certificates of insurance evidencing the existence and amounts of liability insurance carried amount received by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to from such early access, and sublease (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that without taking into account any of Tenant’s early access is interfering costs incurred in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitysubleasing such space).
Appears in 1 contract
Samples: Lease (Constant Contact, Inc.)
Early Access. Subject to Tenant’s delivery of an executed original Following full execution of this LeaseSublease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Sublandlord shall provide Tenant Subtenant with early access to the Subleased Premises commencing on the latest to occur of October 16, 2017 (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such early occupancy shall be subject to all of the terms and conditions of this Sublease, except for Subtenant’s obligation to pay Sublease Base Rent, which obligation shall commence upon the Sublease Commencement Date. Such period of early access occupancy, if any, shall commence on the Access Date and continue through the date immediately preceding the Sublease Commencement Date (the “Early Access Occupancy Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Occupancy Period, Tenant Subtenant may enter the Subleased Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cablinggeneral business setup, including installation of fixtures, furniture, fixtures and equipment, provided telephones, data lines and other telecommunications equipment, and for 10 – 15 of Tenant’s general, finance and administration employees to use the Subleased premises during the Early Occupancy Period for office purposes; provided, however, that Tenant (a) Subtenant shall be solely responsible for all of the foregoing fixtures, furniture, equipment, telephones and other items installed by Subtenant and for any loss or damage thereto from any cause whatsoever. Such early access whatsoever and installation (b) Subtenant shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building begin any construction or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant demolition in the condition required under this LeaseSubleased Premises without the prior written approval of Sublandlord and Master Landlord. The Subject to Section 10.2 below, the provisions of Sections 8(a) 9 and 11 23 of this the Master Lease shall apply in full during the Early Access Occupancy Period, and Tenant Subtenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant Subtenant and its agents and contractors, reasonably satisfactory to LandlordSublandlord, prior to and as a condition to of such early accessentry, and (y) comply with all Laws applicable to such early access work Subtenant’s activities in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Subleased Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Occupancy Period. Subtenant acknowledges and agrees that Sublandlord may be completing the process of moving its personnel and personal property out of the Subleased Premises during the Early Occupancy Period. Sublandlord and Subtenant shall cooperate with one another to coordinate use of the Subleased Premises during the Early Occupancy Period without any liabilityto facilitate efficient completion of Subtenant’s move-out with Subtenant’s access to the Subleased Premises as provided above.
Appears in 1 contract
Samples: Sublease (Model N, Inc.)
Early Access. Subject So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Tenant’s delivery of an executed original of this LeaseArticle 3 below, the prepaid Base Rent and Security Deposit, certificates satisfactory to Landlord evidencing the Letter of Credit as insurance required elsewhere in to be carried by Tenant under this Lease, and so long as the insurance certificates evidencing Tenant’s insurance policies required Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall provide Tenant with early give Tenant's designated contractors reasonable access to the Premises on the latest to occur of approximately thirty (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1530) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Lease Commencement Date (the “"Early Access Period”") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"), . Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant’s 's access to the Premises during the Early Access Period shall be subject to all of the terms and conditions of this Lease; provided, except for Tenant’s obligation however, Tenant shall not be obligated to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct or Tenant's Share of business in Direct Expenses for the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without any liabilitymaterially interfering with Landlord in the completion of the Tenant Improvements.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) Commencing fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Lease Commencement Date (the “Early Access Period”), and so long as (i) this Lease has been fully executed and delivered by the parties hereto, (ii) Landlord has received the first (1st) monthly installment of Base Rent pursuant to Article 3 below, (iii) Landlord has received the Letter of Credit pursuant to the Letter of Credit Rider attached hereto, and (iv) Landlord has received insurance certificates evidencing that Tenant is carrying the insurance required to be carried by Tenant pursuant to the terms of Article 10 below, Tenant shall have the right to access the Premises for the purpose of the installation of Tenant’s access furniture, fixtures and equipment therein; provided, however, that during the such Early Access Period shall be subject to Period, all of the terms and conditions of this LeaseLease shall apply, except for including, without limitation, Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Dateto Landlord all sums and charges required to be paid by Tenant under this Lease, subject including, without limitation, charges for additional services provided to the abatement Premises so accessed pursuant to Sections 6.1.2 and 6.2 of Base Rent provided this Lease. Further, any work to be performed by Tenant or its contractors within the Premises shall be performed in strict accordance with the Basic Lease Information)terms of Article 8 of this Lease, including obtaining Landlord’s prior approval of plans for any cabling, wiring or other work which may affect systems or structure or be visible from outside the Premises and causing all contractors to comply with the Project’s construction rules and regulations. Notwithstanding Subject to the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the during such Early Access Period, so long as Tenant may enter does not commence business operations from the Premises Premises, Tenant shall not be obligated to pay Base Rent or Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs (but not any other portion of the Building or the Project other than for ingress and egressas such terms are defined in Article 4 below) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Premises so accessed by Tenant shall be solely responsible for all until the occurrence of the foregoing Lease Commencement Date (and for any loss or damage thereto from any cause whatsoever. Such early access no such Base Rent nor Tenant’s Share of Operating Expenses, Tax Expenses and installation Utilities Costs shall be permitted only to the extent that accrue during such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability).
Appears in 1 contract
Samples: Office Lease (InterPrivate III Financial Partners Inc.)
Early Access. Subject Landlord will give Tenant access to the Premises by (the “Early Access Date”) for construction of the alterations listed on Schedule (the “Pre-Approved Alterations”) and for planning, measurement, construction of improvements and installation of furniture, fixtures, inventory and equipment, shipping and receiving, and any activities included within the Permitted Use (“Tenant’s delivery Early Occupancy”). Landlord and Xxxxxx will reasonably cooperate in coordinating completion of an executed original of this LeaseXxxxxxxx’s Work and any work done by Tenant during Xxxxxx’s Early Occupancy. Beginning on the Early Access Date, the prepaid Base Rent and the Letter of Credit as required elsewhere in this LeaseLandlord will provide reasonable, temporary restroom facilities for Tenant’s agents, contractors, and employees. Until Substantial Completion, Tenant shall abide by all safety precautions and programs as may be reasonably promulgated by Landlord to ensure the insurance certificates evidencing Tenantsafe completion of Landlord’s insurance policies required under this LeaseWork and any Pre-Approved Alterations, and compliance with applicable health and safety regulations. In the event that Landlord shall provide does not give Tenant with early access to the Premises on or before the latest Early Access Date (which period may be extended as a result of Construction Force Majeure Event for up to occur of thirty (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1530) days prior or for Tenant Delay), Tenant shall be entitled to Landlord’s then-estimated date a credit in the amount of delivery one (1) day of Base Rent for each day after the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Early Access Date until Landlord gives Tenant access to the Premises, to be applied against the Base Rent otherwise due and continue through the date immediately preceding payable after the Commencement Date (until said credits are fully realized by Tenant. In addition, if Landlord has not given Tenant access to the “Early Access Period”), and Tenant’s access during Premises on or before the date that is [ ] days after the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent Date (which obligation shall commence upon the Commencement Date, subject period may be extended as a result of a Construction Force Majeure Event for up to the abatement of Base Rent provided in the Basic Lease Informationthirty (30) days or for Tenant Delay). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of terminate this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory written notice to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Samples: Lease Agreement
Early Access. Subject Neither Tenant nor any person claiming by, through or under Tenant (collectively, the “Tenant Parties”) may enter the Premises for any purpose prior to the Commencement Date; provided, however, upon written request by Tenant (which may be made by email), Landlord shall, subject to the terms and conditions set forth in this Section 9, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Premises prior to the Expected Commencement Date. Any such access shall, prior to the date which is twenty-one (21) days preceding the Expected Commencement Date, be solely for the purpose of allowing Tenant to install its voice and data equipment and cabling in accordance at the appropriate times necessary to conform with the “critical path” of the Tenant Improvements, and on or after the date which is twenty-one (21) days preceding the Expected Commencement Date, for the additional purpose of installing in the Premises Tenant’s delivery of an executed original of this Leasefurniture, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Leasefixtures, and equipment as may be necessary to make the insurance certificates evidencing Premises ready for Tenant’s insurance policies required under this Leaseuse and occupancy (as applicable, “Tenant’s Pre-Occupancy Work”). Tenant shall deliver to Landlord shall provide Tenant with Tenant’s written request for early access to the Premises not less than one (1) business day prior to the date on which Tenant desires such access and such notice shall be accompanied by each of the latest to occur of following items: (i) the first (1st) Business Day following names and addresses of all Tenant Parties who will be entering the date Premises on behalf of mutual execution Tenant to perform Tenant’s Pre-Occupancy Work; and delivery of this Lease, (ii) certificates of insurance evidencing such coverages reasonably required by Landlord to be maintained by contractors and occupants in the first (1st) Business Day following the date on which Landlord determines Building. Any and all access to the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery the performance of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period Pre-Occupancy Work shall be subject to Landlord’s reasonable scheduling requirements. Tenant shall cause all Tenant Parties to observe all construction rules and regulations promulgated by Landlord from time to time in connection with the performance of work in the terms Building. If at any time any Tenant Party shall fail to observe such rules and conditions of this Leaseregulations, except for then Landlord may revoke such license with respect to the offending Tenant Party immediately upon notice to Tenant. Tenant’s obligation to pay Rent (which obligation Pre-Occupancy Work shall commence upon the Commencement Datebe performed at Tenant’s sole risk, subject to the abatement of Base Rent provided cost and expense and no delay in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant caused by Tenant’s entry to the Premises or Tenant’s Pre-Occupancy Work shall delay the Commencement Date. Landlord shall not be liable for any injury, loss or damage which may occur to Tenant’s Pre-Occupancy Work (including without limitation any property of Tenant placed in the condition required under this Lease. The provisions of Sections 8(aPremises) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates indemnify and hold harmless Landlord for any damage to Tenant’s Pre-Occupancy Work, the Premises or to any portion of insurance evidencing the existence and amounts of liability insurance carried Tenant Improvements arising from Tenant’s Pre-Occupancy Work or otherwise caused by any Tenant Party. Upon written request by Tenant prior to the installation of Tenant’s Pre-Occupancy Work, Landlord agrees to provide a written list of any improvements constituting part of Tenant’s Pre-Occupancy Work that Landlord will require Tenant to remove from the Premises at the end of the Lease Term. At the end of the Lease Term, Tenant shall not be required to remove any improvements constituting part of Tenant’s Pre-Occupancy Work which are not identified on such list (such items being the “Non-Removal Tenant’s Pre-Occupancy Work”). Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM # ROOM NAME DOOR NO. WIDTH HEIGHT THICK MATL SELF CLOSURE LOCKING GLASS TYPE FRAME MATL FUNCTION NOTES 400 Waiting 400a 6’-0’’ 8“0” — GLASS Y Y Y — FRAMELESS SWIPECARD BUILDING STANDARD HERCULTE 402 Interview Room 402a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 403 Interview Room 403a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 405 Visitor Servery/Coats 405a 6’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE 406 Executive Conference 406a 6’-0” 8“0” — GLASS N N Y — Drywall return BUTT GLASS/FLAT TRACK BARN DOOR HARDWARE/SS 407 VP Office 407a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 408 MGR Office 408a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 409 MGR Office 409a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 410 Team RM/Phone Enclave 410a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 411 Open Office 411a 3’-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM CARD ACCESS SWIPE CARD ACCESS 412 VP Office 412a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 413 VP Office 413a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 414 VP Office 414a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 415 VP Office 415a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 417 MGR Office 417a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 418 MGR Office 418a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 419 MGR Office 419a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 421 MGR Office 421a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 422 MGR Office 422a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 423 MGR Office 423a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 424 VP Office 424a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 425 Director Office 425a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 426 Conference 426a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 428 Copy/Mail 428a 3’-6” 8“0” — — — — — — — FRAMED OPENING 429 Mgr Office 429a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 430 Mgr Office 430a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 434 Dining 434a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 436 Vending 436a 3’-0” 8“0” — — N N N — — FRAMED OPENING 436b 3’-0” 8“0” — — N N N — — FRAMED OPENING 438 Kitchen Storage 438a 3’-0” 8“0” 1-3/4” MAPLE — Y — — HM STOREROOM 440 Health Services 440a 3’-0” 8“0” 1-3/4” MAPLE N Y N — HM PRIVACY PRIVACY LOCK 442 Hardware Storage 442a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM STOREROOM 443 LAN Room 443a 3’-0” 8“0” 1-3/4” MAPLE N Y Y PASSAGE LITE HM CARD ACCESS SWIPECARD 445 Director Office 445a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 446 Phone Enclave 446a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 447 Director Office 447a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 448 Open Office 448a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 448b 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 449 HR Storage 449a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PRIVACY PRIVACY LOCK NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 450 Director Office 450a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 452 Team Rm/Phone Enclave 452a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 454 Open Office 454a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 455 Director Office 455a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 456 Director Office 456a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 457 Director Office 457a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 459 Mgr Office 459a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 460 Mgr Office 460a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 461 Mgr Office 461a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 462 Passage 462a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 463 Phone Enclave 463a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE 465 Mgr Office 465a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 466 Mgr Office 466a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 467 Mgr Office 467a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 468 Director Office 468a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 469 Director Office 469a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 470 Director Office 470a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 471 Conference 471a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 474 Mgr Office 474a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 475 Mgr Office 475a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 477 Passage 477a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 478 Mgr Office 478a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 479 Mgr Office 479a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 480 Mgr Office 480a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 481 Conference 481a 3’-0” 8“0” 1-3/4” MAPLE N N Y — HM PASSAGE SIDELITE 482 Director Office 482a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 483 VP Office 483a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 484 VP Office 484a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 485 Passage 485a 3‘-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 486 Executive Lounge 486a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS Plumbing Fixture Schedule Client: Connecture Atlanta Project No: 13004-01 Date: September 20, 2013 Revised: 404 Visitor Servery sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K15850-4M Coralis Faucet w/Lever Handles polished chrome disposal by LL Engineer 435 Kitchen sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K-15888-K Coralis Faucet w/Leverl Handles disposal by LL Engineer 439 Health Services toilet Kohler K-3949 Highline Comfort Height, 1.28 GPF, left hand lever White sink Kohler X0000-0-0 Xxxxxxxxx dropinsink w/concentricecircles, cast iron, 8” centers White faucet Kohler X-00000-0 Xxxxxx widespread faucet w/lever handles White PROVIDE ALL RELATED KOHLER ACCESSOSSORIES Hot water at all sink locations Reference is made to the following plans prepared by InteriorLOGIC for Connecture in the Brookfield Xxxxx Xxxxxxxxx Xxxxxx Xxxxxxxx XXXX, Xxxxxxx Xx. 00000, dated April 27, 2012:
1. Drawings A200 – Connecture Second Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A201 – Connecture Second Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A203 – Connecture Second Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Electrical Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12 A300 – Connecture Third Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A301 – Connecture Third Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A303 – Connecture Third Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A304 – Connecture Elevations and its agents Details prepared by InteriorLOGIC, dated 4/27/12 A305 – Connecture Elevations and contractorsDetails prepared by InteriorLOGIC, reasonably satisfactory dated 4/27/12 A306 – Connecture Floor Pattern Plan prepared by InteriorLOGIC, dated 4/27/12 A307 – Connecture Electrical Schematic prepared by InteriorLOGIC, dated 4/27/12 A308 – Connecture Third Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12
2. Schedules and Specifications A. Workletter Finish and Material Specification B. Room Finish Schedule C. Product Cut Sheets D. Casework Schedule E. Door Schedule 3. AutoCAD Files A. Second Floor B. Third Floor
1. The sidewalks, and public portions of the Building, such as entrances, passages, courts, elevators, vestibules, stairways, corridors or halls, and the streets, alleys or ways surrounding or in the vicinity of the Building shall not be obstructed, even temporarily, or encumbered by Tenant or used for any purpose other than ingress and egress to and from the Premises.
2. No awnings or other projections shall be attached to the outside walls of the Building. No curtains, blinds, shades, louvered openings, tinted coating, film or screens shall be attached to or hung in, or used in connection with, any window, glass surface or door of the Premises, without the prior written consent of Landlord, prior unless installed by Landlord.
3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Tenant on any part of the outside of the Premises or Building or on corridor walls or windows or other glass surfaces (including without limitation glass storefronts). Signs on entrance door or doors shall conform to and as a condition to such early accessbuilding standard signs, samples of which are on display in Landlord’s rental office. Signs on doors shall, at Tenant’s expense, be inscribed, painted or affixed for each tenant by sign makers approved by Landlord. In the event of the violation of the foregoing by Tenant, Landlord may remove same without any liability, and (y) comply with all Laws applicable may charge the expense incurred by such removal to such early access work Tenant.
4. The sashes, sash doors, skylights, windows, heating, ventilating and air conditioning vents and doors that reflect or admit light and air into the halls, passageways or other public places in the building shall not be covered or obstructed by Tenant, nor shall any bottles, parcels, or other articles be placed on the window xxxxx.
5. No show cases or other articles shall be put in front of or affixed to any part of the exterior of the Building, nor placed in the public halls, corridors, or vestibules without the prior written consent of Landlord.
6. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by Tenant.
7. Tenant shall not in any way deface any part of the Premises or the Building. If Tenant desires to use linoleum or other similar floor covering, an interlining of builder’s deadening felt shall be first affixed to the floor, by a paste or other material, soluble in water; the use of cement or other similar adhesive materials, which are not water soluble, are expressly prohibited.
8. No bicycles, vehicles, or animals of any kind shall be brought into or kept in or about the Premises. If Landlord reasonably determines that No cooking shall be done or permitted by Tenant on the Premises except in conformity to law and then only in the utility kitchen, if any, as set forth in Tenant’s early access layout, which is interfering in to be primarily used by Tenant’s employees for heating beverages and light snacks. Tenant shall not cause or permit any material way with Landlord’s ability unusual or objectionable odors to deliver possession of be produced upon or permeate from the Premises Premises.
9. No space in the condition required under this Lease and/or to complete Building shall be used for manufacturing, distribution, or for the Workstorage of merchandise or for the sale of merchandise, then Landlord shall have the right to limit goods, or otherwise restrict Tenant’s access during the Early Access Period without property of any liabilitykind at auction.
Appears in 1 contract
Samples: Office Lease (Connecture Inc)
Early Access. Subject to Tenant’s delivery of an executed original the following provisions of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access PeriodSection 3.3, Tenant may shall have the right to enter the Premises (but not any other portion of from and after the Building or the Project other than Effective Date solely for ingress and egress) for the sole purpose purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and equipmentspecial equipments (but not to operate Tenant’s business), provided that and such early entry for such purposes shall not constitute occupancy for operation of Tenant’s business and shall not trigger the Lease Commencement Date. Tenant agrees (a) any such early entry by Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation at Tenant’s sole risk, (b) Tenant shall be permitted only to the extent that such early access and installation activities will not unreasonably interfere with the access, use and occupancy of Landlord or other tenants in the Building or the Project Building Park, (c) Tenant shall comply with and be bound by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The all provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Periodperiod of any such early entry except for the payment of Base Rent and Tenant’s Pro Rata Share of Operating Expenses, (d) prior to entry upon the Premises by Tenant and subject to Section 13.4, Tenant shall (x) agrees to pay for and provide to Landlord certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (e) Tenant and its agents and contractors, reasonably satisfactory contractors agree to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable (as defined below) required to such perform its work during the early access work in entry on the Premises. If Landlord reasonably determines that Tenant’s , and (f) Tenant agrees to indemnify, protect, defend (with counsel selected by Landlord) and save the Indemnitees (as defined below) and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys’ fees and legal costs) (collectively, “Claims”) arising out of the early access is interfering in any material way with Landlord’s ability to deliver possession entry, use, construction, or occupancy of the Premises in by Tenant or its agents, employees or contractors, except to the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit extent such Claims arise out Landlord’s gross negligence or otherwise restrict Tenant’s access during the Early Access Period without any liabilitywillful misconduct.
Appears in 1 contract
Samples: Lease Agreement (Smart Move, Inc.)
Early Access. Subject From the date which is three (3) Business Days following the Date of this Lease to May 30, 2019 (and provided Landlord shall have received a copy of each of Tenant’s delivery certificates of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access therefor pursuant to the Premises on the latest to occur of (iSubsection 4.4.2 hereof) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), Tenant and its contractors shall have access to the Premises for the purposes of planning and designing Tenant’s Work, provided that (i) Tenant shall not perform Tenant’s Work or any other alterations, additions or improvements during such period of early access during and (ii) Tenant shall coordinate any such access with Landlord in advance. Commencing on June 1, 2019 (and provided Landlord shall have received a copy of each of Tenant’s certificates of insurance therefor pursuant to Subsection 4.4.2 hereof), Tenant and its contractors shall have access to the Early Access Period shall be subject to all Premises for the purposes of designing, and after Tenant’s Plans (as defined in Section 3.2) have been approved by Landlord, performing Tenant’s Work (as defined in Section 3.2), installing furniture, fixtures and telecommunications equipment and otherwise preparing the terms and conditions of this Lease, except Premises for Tenant’s occupancy, and commencing on June 1, 2019, all obligations of Tenant under this Lease shall apply as if the term of this Lease had commenced, except that Tenant shall have no obligation to pay Annual Fixed Rent (which obligation or to pay Additional Rent for Taxes or Operating Costs until the Commencement Date. Notwithstanding that the term of this Lease shall not commence upon until the Commencement Date, subject during such period of early access Landlord’s obligations under Sections 5.6 and 5.7 shall apply, and Landlord shall provide Tenant with access to the abatement loading dock and other common areas and facilities of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in Building and shall furnish electricity and water to the Premises shall cause an immediate acceleration of as required by this Lease, as if the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityhad occurred.
Appears in 1 contract
Samples: Lease Agreement (Pc Tel Inc)
Early Access. Subject Depending on the progress of the construction of the Tenant Improvements, Tenant shall be given access to the Leased Premises up to two (2) weeks prior to the Term Commencement Date in order for Tenant to install Tenant’s delivery of an executed original of this Leasefurniture, the prepaid Base Rent trade fixtures, equipment, telephone networks and the Letter of Credit as required elsewhere in this Leasecomputer networks, and the insurance certificates evidencing to perform general set-up for Tenant’s insurance policies required under this Lease, Landlord shall provide business operations. From the date Tenant with is given early access to the Leased Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue as set forth above through the date immediately preceding the Term Commencement Date (the “Early Access Period”)Date, and Tenant’s access during the Early Access Period Tenant shall be subject to all of the terms and conditions of this covenants in the Lease, except for that Tenant’s obligation to pay Rent (which obligation shall commence upon in accordance with the Basic Lease Information sheet of the Lease; provided, however, (i) Tenant shall not enter the Leased Premises unless they are accompanied by a person designated by Landlord, if required by Landlord, and Tenant shall provide to Landlord at least 24 hours prior written notice prior to such entry, (ii) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (iii) Tenant (and Xxxxxx’s contractors, vendors, agents, and employees) shall not disrupt or delay the construction of the Tenant Improvements, and (iv) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall in no event give directions to (or otherwise interfere with) the Contractor or others performing the Tenant Improvements. Tenant shall indemnify and hold the Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access of Tenant. This Confirmation of Term of Lease is made by and between MACH II 180 LLC, a Delaware limited liability company, as Landlord, and MARQETA, INC. a Delaware corporation as Tenant, who agree as follows:
1. Landlord and Tenant entered into an Office Building Lease dated March 1, 2016 (the “Lease”), in which Landlord leased to Tenant and Tenant leased from Landlord the Leased Premises described in the Basic Lease Information sheet of the Lease (the “Leased Premises”).
2. Pursuant to Section 3.1 of the Lease, Landlord and Tenant hereby confirm as follows:
a. August 12, 2016 is the Term Commencement Date;
b. November 30, 2023 is the Term Expiration Date; and
c. November 12, 2016 is the commencement date of Rent under the Lease.
3. Tenant hereby confirms that the Lease is in full force and effect and:
a. It has accepted possession of the Leased Premises as provided in the Lease;
b. The improvements and space required to be furnished by Landlord under the Lease have been furnished;
c. Landlord has fulfilled all its duties of an inducement nature;
d. The Lease has not been modified, altered or amended, except as follows: N/A; and
e. There are no setoffs or credits against Rent and no security deposit has been paid except as expressly provided by the Lease.
4. The provisions of this Confirmation of Term of Lease shall inure to the benefit of, or bind, as the case may require, the parties and their respective successors, subject to the abatement of Base Rent provided restrictions on assignment and subleasing contained in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.///signature page flows/// DATED: 9/6/16
Appears in 1 contract
Early Access. Subject Subtenant and Subtenant’s representatives shall have the right to Tenant’s delivery of an executed original of this Leaseenter the Subleased Premises during the period, if any, commencing on the prepaid Base Rent and date Subtenant enters the Letter of Credit as required elsewhere Subleased Premises for the purpose set forth in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access Section 2.2 but in no event prior to the Premises on the latest to occur of Effective Date (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Early Access Date”). Such period of early access shall commence ) and ending on the Access Date and continue through the date day immediately preceding the Commencement Date for the sole purposes of construction of the Initial Subtenant Alterations (the “Early Access Period”defined in Section 14.2 below), installation of Subtenant’s personal property and Tenantthe testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of this Sublease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s access during obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges, Subtenant’s obligation to carry insurance, Subtenant’s indemnification obligations, and/or Subtenant’s liability for damages, costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the terms of this Sublease) shall commence upon the Early Access Period Date, and Subtenant shall be subject deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be liable for any damages to the Subleased Premises caused by Subtenant’s activities at the Subleased Premises from and after the Early Access Date and, prior to entering the Subleased Premises, Subtenant shall obtain all insurance it is required to obtain hereunder and shall provide certificates of the such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, and such entry shall be made in compliance with all terms and conditions of this LeaseSublease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject Master Lease and the rules and regulations attached to the abatement of Base Rent provided in the Basic Lease Information)Master Lease. Notwithstanding the foregoingabove, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of TenantSubtenant and Subtenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord representatives shall have the right to limit enter the Subleased Premises following the Effective Date with prior notice to Sublandlord, for the purpose of planning the Initial Subtenant Alterations (no work of construction or otherwise restrict Tenant’s demolition may be carried out during any such entry) and such access during to the Subleased Premises shall not be deemed to trigger the Early Access Period without any liabilityDate and the rights and obligations of the parties under this Sublease shall not commence with such access.
Appears in 1 contract
Samples: Sublease (Glu Mobile Inc)
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit So long as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide has received from Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery month’s Base Rent due pursuant to Section 3 of this Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancyinsurance required to be carried by Tenant under this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access to the Premises no less than fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Lease Commencement Date (the “Early Access Period”)) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation that Tenant shall not be obligated to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any liabilitysuch intended early access and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of the Tenant Improvements in the Premises. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the Premises until the Tenant Improvements are substantially completed, in which event Tenant shall promptly surrender any keys or other means of access to the Premises and otherwise comply with such denial.
Appears in 1 contract
Early Access. Subject to the terms herein and Tenant’s delivery of an executed original of this Leasecompliance with all applicable Laws, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Leasewithout additional charge to Tenant, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord Tenant shall provide Tenant with early have reasonable access to the Leased Premises on (“Early Access”) during completion of Landlord’s Work to coordinate installation of Tenant’s cabling and wiring and during the latest 30 day period immediately prior to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this LeaseSubstantial Completion to install its furniture, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancyfixtures, and (iii) fifteen (15) days prior equipment; provided in any such case Tenant’s Early Access does not interfere with, or delay completion of Landlord’s Work, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant’s Early Access is subject to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date construction schedule and continue through the date immediately preceding the Commencement Date (the “all Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenantas directed by Landlord or Landlord’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information)contractors. Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation Lease shall be permitted only to the extent in full force and effect during Early Access. Tenant shall ensure that such early access its phone/data, security, and installation activities will not interfere other vendors comply with the access, use all applicable Laws and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or pull their permits and perform their work in conjunction with Landlord’s performance Work so as not to delay completion of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this LeaseWork and any and all inspections therefor. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents contractors shall coordinate all activities with Landlord in advance and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early accessin writing, and (y) shall comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines Landlord’s instructions and directions so that Tenant’s early access is interfering in entry does not interfere with or delay any material way with work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’s work delaying Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Workobtain its permits, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitybe deemed a Tenant Delay.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery the terms and restrictions of an executed original of this LeaseSection 2, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with may have early access to the Premises on Expansion Space two (2) weeks prior to the latest anticipated Expansion Date solely for the purpose of installing furniture, fixtures, cabling and wiring, telephones and special improvements approved by Landlord. If Tenant desires access to occur of the Expansion prior to the Expansion Date, Tenant shall, within thirty (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1530) days prior to Landlord’s then-estimated date the anticipated Expansion Date, provide Landlord with a reasonably detailed request including the purpose and amount of delivery of the Premises time required for each item to be installed. Landlord shall use reasonable efforts (in any case, the “Access Date”). Such period of i) to schedule such early access shall commence on by Tenant in conjunction with other construction activities, to the Access Date extent Landlord believes such access will not materially interfere with or cause any material delays in, construction in the Expansion Space and continue through (ii) to keep Tenant reasonably informed of any changes in the date immediately preceding timing or extent of such early access. Prior to any such early access, Tenant must provide the Commencement Date certificate(s) evidencing the insurance required under the Lease. In the course of any access before the Expansion Date, Tenant (A) will not obstruct or interfere with the “Early Access Period”)construction, and Tenant’s access during the Early Access Period will be responsible for any delays if it does, (B) shall be subject to Landlord’s reasonable administrative control and supervision and (C) shall comply with all of the terms provisions and conditions of covenants contained in the Lease and this LeaseFourth Amendment, except for Tenant’s obligation that Tenant shall not be obligated to pay Rent (which obligation shall commence upon the Commencement Date, subject with respect to the abatement of Base Rent provided in Expansion Space until the Basic Lease Information)Expansion Date. Notwithstanding If Tenant’s access to the foregoing, Expansion Space is solely for the purposes stated herein and not to conduct of its business in the Premises Expansion Space, then such access shall cause an immediate acceleration of not serve to accelerate the Commencement Date to the date of Expansion Date. Neither Tenant’s initial conduct failure to exercise its right of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and early access for any loss reason nor limitations or damage thereto from any cause whatsoever. Such restrictions by Landlord on early access and installation for any reason whatsoever shall be permitted only to delay the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityExpansion Date.
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Early Access. Subject At such point as, in Landlord’s reasonable judgment, Landlord’s Work and Txxxxx’s Work have proceeded to such point where Tenant may install its cabling, furniture, fixtures and equipment in the Premises without interfering with the performance of Landlord’s Work or Tenant’s delivery Work (and provided Landlord shall have received a copy of an executed original each of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Leaseor certificates of insurance therefor pursuant to Subsection 4.4 hereof), Landlord shall provide so notify Tenant with early and from and after such date of notification Tenant and its contractors shall have access to the Premises on for the latest purposes of installing the same in preparation for Tenant’s occupancy of the Premises; provided, however, that Landlord shall use reasonable efforts to occur of provide Tenant and its contractors with such access at least sixty (i60) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following days’ prior to the date on which Landlord determines reasonably expects to achieve Substantial Completion of Lxxxxxxx’s Work and Txxxxx’s Work. In connection with such access, Txxxxx 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 Premises is free and clear provisions of any existing tenancythis Lease or which shall interfere with or delay the performance of Landlord’s Work or Tenant’s Work, and (iiiii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of 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 Lxxxxxxx and work being performed by Txxxxx, each with the Premises (other and with any other activity or work in any casethe Building including, without limitation, the “Access Date”)use of labor which shall work in harmony with all other contractors performing work at the Building. Such period of early access by Tenant shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be deemed to be subject to all of the terms and conditions applicable provisions of this LeaseLease as if the term had commenced, except for Tenant’s that (i) there shall be no obligation on the part of Tenant solely because of such access to pay any Annual Fixed Rent (which obligation shall commence upon or Additional Rent for Taxes or Operating Costs for any period prior to the Rent Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises and (but not any other portion of the Building or the Project other than for ingress and egressii) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall not be solely responsible for all of the foregoing and for any loss deemed thereby to have taken or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to Tenant in comply or cause its contractors to comply with any of the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease obligations described or referred to above, then Landlord shall apply in full during the Early Access Periodgive written notice thereof to Tenant, and Tenant shall (x) provide certificates of insurance evidencing the existence use diligent efforts to comply and amounts of liability insurance carried by Tenant and cause its agents and contractors, reasonably satisfactory contractors to Landlord, prior to and as a condition to such early accesscomply, and if such non-compliance is not cured within two (y2) comply with all Laws applicable Business Days after Landlord’s written notice to such early access work in the Premises. If Tenant, Landlord reasonably determines that may revoke Tenant’s early rights of access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in until the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityCommencement Date.
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Early Access. Subject Neither Tenant nor any person claiming by, through or under Tenant (collectively, the “Tenant Parties”) may enter the Premises for any purpose prior to the Commencement Date; provided, however, upon written request by Tenant (which may be made by email), Landlord shall, subject to the terms and conditions set forth in this Section 9, grant to Tenant and certain other Tenant Parties a license for Tenant and certain other Tenant Parties to have access to the Premises prior to the Expected Commencement Date. Any such access shall, prior to the date which is twenty-one (21) days preceding the Expected Commencement Date, be solely for the purpose of allowing Tenant to install its voice and data equipment and cabling in accordance at the appropriate times necessary to conform with the “critical path” of the Tenant Improvements, and on or after the date which is twenty-one (21) days preceding the Expected Commencement Date, for the additional purpose of installing in the Premises Tenant’s delivery of an executed original of this Leasefurniture, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Leasefixtures, and equipment as may be necessary to make the insurance certificates evidencing Premises ready for Tenant’s insurance policies required under this Leaseuse and occupancy (as applicable, “Tenant’s Pre-Occupancy Work”). Tenant shall deliver to Landlord shall provide Tenant with Tenant’s written request for early access to the Premises not less than one (1) business day prior to the date on which Tenant desires such access and such notice shall be accompanied by each of the latest to occur of following items: (i) the first (1st) Business Day following names and addresses of all Tenant Parties who will be entering the date Premises on behalf of mutual execution Tenant to perform Tenant’s Pre-Occupancy Work; and delivery of this Lease, (ii) certificates of insurance evidencing such coverages reasonably required by Landlord to be maintained by contractors and occupants in the first (1st) Business Day following the date on which Landlord determines Building. Any and all access to the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery the performance of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period Pre-Occupancy Work shall be subject to Landlord’s reasonable scheduling requirements. Tenant shall cause all Tenant Parties to observe all construction rules and regulations promulgated by Landlord from time to time in connection with the performance of work in the terms Building. If at any time any Tenant Party shall fail to observe such rules and conditions of this Leaseregulations, except for then Landlord may revoke such license with respect to the offending Tenant Party immediately upon notice to Tenant. Tenant’s obligation to pay Rent (which obligation Pre-Occupancy Work shall commence upon the Commencement Datebe performed at Tenant’s sole risk, subject to the abatement of Base Rent provided cost and expense and no delay in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant caused by Tenant’s entry to the Premises or Tenant’s Pre-Occupancy Work shall delay the Commencement Date. Landlord shall not be liable for any injury, loss or damage which may occur to Tenant’s Pre-Occupancy Work (including without limitation any property of Tenant placed in the condition required under this Lease. The provisions of Sections 8(aPremises) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates indemnify and hold harmless Landlord for any damage to Tenant’s Pre-Occupancy Work, the Premises or to any portion of insurance evidencing the existence and amounts of liability insurance carried Tenant Improvements arising from Tenant’s Pre-Occupancy Work or otherwise caused by any Tenant Party. Upon written request by Tenant prior to the installation of Tenant’s Pre-Occupancy Work, Landlord agrees to provide a written list of any improvements constituting part of Tenant’s Pre-Occupancy Work that Landlord will require Tenant to remove from the Premises at the end of the Lease Term. At the end of the Lease Term, Tenant shall not be required to remove any improvements constituting part of Tenant’s Pre-Occupancy Work which are not identified on such list (such items being the “Non-Removal Tenant’s Pre-Occupancy Work”). SCHEDULE C-1 PROJECT SCHEDULE C-8 SCHEDULE C-2 FINAL SPACE PLAN C-10 C-11 InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 SIZE ROOM # ROOM NAME DOOR NO. WIDTH HEIGHT THICK MATL SELF CLOSURE LOCKING GLASS TYPE FRAME MATL FUNCTION NOTES 400 Waiting 400a 6’-0’’ 8“0” — GLASS Y Y Y — FRAMELESS SWIPECARD BUILDING STANDARD HERCULTE 402 Interview Room 402a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 403 Interview Room 403a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 405 Visitor Servery/Coats 405a 6’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE 406 Executive Conference 406a 6’-0” 8“0” — GLASS N N Y — Drywall return BUTT GLASS/FLAT TRACK BARN DOOR HARDWARE/SS 407 VP Office 407a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 408 MGR Office 408a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 409 MGR Office 409a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 410 Team RM/Phone Enclave 410a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 411 Open Office 411a 3’-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM CARD ACCESS SWIPE CARD ACCESS 412 VP Office 412a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 413 VP Office 413a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 414 VP Office 414a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 415 VP Office 415a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 417 MGR Office 417a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 418 MGR Office 418a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 419 MGR Office 419a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 421 MGR Office 421a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 422 MGR Office 422a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 423 MGR Office 423a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 424 VP Office 424a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 425 Director Office 425a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 426 Conference 426a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 428 Copy/Mail 428a 3’-6” 8“0” — — — — — — — FRAMED OPENING 428b 3’-6” 8“0” — — — — — — — FRAMED OPENING 429 Mgr Office 429a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 430 Mgr Office 430a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 434 Dining 434a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 435 Kitchen 435a 6’-0” 8’-0” — — — — — — — FRAMED OPENING 436 Vending 436a 3’-0” 8“0” — — N N N — — FRAMED OPENING 436b 3’-0” 8“0” — — N N N — — FRAMED OPENING 438 Kitchen Storage 438a 3’-0” 8“0” 1-3/4” MAPLE — Y — — HM STOREROOM 439 Health Services 439a 3’-0” 8“0” — — — — — — — FRAMED OPENING 440 Health Services 440a 3’-0” 8“0” 1-3/4” MAPLE N Y N — HM PRIVACY PRIVACY LOCK 442 Hardware Storage 442a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM STOREROOM 443 LAN Room 443a 3’-0” 8“0” 1-3/4” MAPLE N Y Y PASSAGE LITE HM CARD ACCESS SWIPECARD 445 Director Office 445a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 446 Phone Enclave 446a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 447 Director Office 447a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 448 Open Office 448a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 448b 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SIDELITE 449 HR Storage 449a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PRIVACY PRIVACY LOCK NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 450 Director Office 450a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 452 Team Rm/Phone Enclave 452a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE SIDELITE 454 Open Office 454a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 455 Director Office 455a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 456 Director Office 456a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 457 Director Office 457a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 459 Mgr Office 459a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 460 Mgr Office 460a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 461 Mgr Office 461a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 462 Passage 462a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM CARD ACCESS SWIPECARD 463 Phone Enclave 463a 3’-0” 8“0” 1-3/4” MAPLE N N Y PASSAGE LITE HM PASSAGE 464 Copy/Mail 464a — — — — — — — — FRAMED OPENING 465 Mgr Office 465a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 466 Mgr Office 466a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 467 Mgr Office 467a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 468 Director Office 468a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 469 Director Office 469a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 470 Director Office 470a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 471 Conference 471a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 474 Mgr Office 474a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Door Schedule Client: Connecture Atlanta Project No.: 13004-01 Date: September 20, 2013 ROOM ROOM DOOR SIZE SELF FRAME # NAME NO. WIDTH HEIGHT THICK MATL CLOSURE LOCKING GLASS TYPE MATL FUNCTION NOTES 475 Mgr Office 475a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 477 Passage 477a 3’-0” 8“0” 1-3/4” MAPLE Y Y N — HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 478 Mgr Office 478a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 479 Mgr Office 479a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 480 Mgr Office 480a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 481 Conference 481a 3’-0” 8“0” 1-3/4” MAPLE N N Y — HM PASSAGE SIDELITE 482 Director Office 482a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 483 VP Office 483a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 484 VP Office 484a 3‘-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE 485 Passage 485a 3‘-0” 8“0” 1-3/4” MAPLE Y Y Y PASSAGE LITE HM SWIPE CARD ACCESS SWlPECARD/SIDE LITE 486 Executive Lounge 486a 3’-0” 8“0” 1-3/4” MAPLE N N N — HM PASSAGE SIDELITE NOTE: DOORS AND FRAMES ARE LONG LEAD TIME ITEMS InteriorLOGIC, Inc. Plumbing Fixture Schedule Client: Connecture Atlanta Project No: 13004-01 Date: September 20, 2013 Revised: ROOM # ROOM NAME ITEM MFG. PRODUCT DESC FINISH 404 Visitor Servery sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K15850-4M Coralis Faucet w/Lever Handles polished chrome disposal by LL Engineer 435 Kitchen sink Kohler K3362-3 Staccato 25” single bowl sink, 3-hole, self rimming stainless steel faucet Kohler K-15888-K Coralis Faucet w/Leverl Handles disposal by LL Engineer 439 Health Services toilet Kohler K-3949 Highline Comfort Height, 1.28 GPF, left hand lever White sink Kohler X0000-0-0 Xxxxxxxxx dropinsink w/concentricecircles, cast iron, 8” centers White faucet Kohler X-00000-0 Xxxxxx widespread faucet w/lever handles White PROVIDE ALL RELATED KOHLER ACCESSOSSORIES Hot water at all sink locations SCHEDULE C-3 SAMPLE LEVEL OF DETAIL FOR DESIGN DEVELOPMENT DRAWINGS AND SPECIFICATIONS Reference is made to the following plans prepared by InteriorLOGIC for Connecture in the Brookfield Xxxxx Xxxxxxxxx Xxxxxx Xxxxxxxx XXXX, Xxxxxxx Xx. 00000, dated April 27, 2012: Improvements Index
1. Drawings A200 – Connecture Second Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A201 – Connecture Second Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A203 – Connecture Second Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Electrical Plan prepared by InteriorLOGIC, dated 4/27/12 A204 – Connecture Second Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12 A300 – Connecture Third Floor Demolition Plan prepared by InteriorLOGIC, dated 4/27/12 A301 – Connecture Third Floor Partition Plan prepared by InteriorLOGIC, dated 4/27/12 A303 – Connecture Third Floor Finish Plan prepared by InteriorLOGIC, dated 4/27/12 A304 – Connecture Elevations and its agents Details prepared by InteriorLOGIC, dated 4/27/12 A305 – Connecture Elevations and contractorsDetails prepared by InteriorLOGIC, reasonably satisfactory dated 4/27/12 A306 – Connecture Floor Pattern Plan prepared by InteriorLOGIC, dated 4/27/12 A307 – Connecture Electrical Schematic prepared by InteriorLOGIC, dated 4/27/12 A308 – Connecture Third Floor Ceiling Plan prepared by InteriorLOGIC, dated 4/27/12
2. Schedules and Specifications A. Workletter Finish and Material Specification B. Room Finish Schedule C. Product Cut Sheets D. Casework Schedule E. Door Schedule 3. AutoCAD Files A. Second Floor B. Third Floor C-17 EXHIBIT D RULES AND REGULATIONS
1. The sidewalks, and public portions of the Building, such as entrances, passages, courts, elevators, vestibules, stairways, corridors or halls, and the streets, alleys or ways surrounding or in the vicinity of the Building shall not be obstructed, even temporarily, or encumbered by Tenant or used for any purpose other than ingress and egress to and from the Premises.
2. No awnings or other projections shall be attached to the outside walls of the Building. No curtains, blinds, shades, louvered openings, tinted coating, film or screens shall be attached to or hung in, or used in connection with, any window, glass surface or door of the Premises, without the prior written consent of Landlord, prior unless installed by Landlord.
3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Tenant on any part of the outside of the Premises or Building or on corridor walls or windows or other glass surfaces (including without limitation glass storefronts). Signs on entrance door or doors shall conform to and as a condition to such early accessbuilding standard signs, samples of which are on display in Landlord’s rental office. Signs on doors shall, at Tenant’s expense, be inscribed, painted or affixed for each tenant by sign makers approved by Landlord. In the event of the violation of the foregoing by Tenant, Landlord may remove same without any liability, and (y) comply with all Laws applicable may charge the expense incurred by such removal to such early access work Tenant.
4. The sashes, sash doors, skylights, windows, heating, ventilating and air conditioning vents and doors that reflect or admit light and air into the halls, passageways or other public places in the building shall not be covered or obstructed by Tenant, nor shall any bottles, parcels, or other articles be placed on the window xxxxx.
5. No show cases or other articles shall be put in front of or affixed to any part of the exterior of the Building, nor placed in the public halls, corridors, or vestibules without the prior written consent of Landlord.
6. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by Tenant.
7. Tenant shall not in any way deface any part of the Premises or the Building. If Tenant desires to use linoleum or other similar floor covering, an interlining of builder’s deadening felt shall be first affixed to the floor, by a paste or other material, soluble in water; the use of cement or other similar adhesive materials, which are not water soluble, are expressly prohibited.
8. No bicycles, vehicles, or animals of any kind shall be brought into or kept in or about the Premises. If Landlord reasonably determines that No cooking shall be done or permitted by Tenant on the Premises except in conformity to law and then only in the utility kitchen, if any, as set forth in Tenant’s early access layout, which is interfering in to be primarily used by Tenant’s employees for heating beverages and light snacks. Tenant shall not cause or permit any material way with Landlord’s ability unusual or objectionable odors to deliver possession of be produced upon or permeate from the Premises Premises.
9. No space in the condition required under this Lease and/or to complete Building shall be used for manufacturing, distribution, or for the Workstorage of merchandise or for the sale of merchandise, then Landlord shall have the right to limit goods, or otherwise restrict Tenant’s access during the Early Access Period without property of any liabilitykind at auction.
Appears in 1 contract
Samples: Office Lease
Early Access. Subject Provided and on the express condition that Tenant uses Xxxx Xxxxxxxx & Associates as the general contractor to perform the Tenant Work, Landlord will permit Tenant and Tenant’s delivery contractors to access the Premises from and after September 15, 2017 in order to commence the performance of an executed original the Tenant Work so long as, in Landlord’s reasonable determination, such access and work can be performed without interference with or delay in the timely performance of this Leaseany remaining Landlord’s Work. If Tenant does not use Xxxx Xxxxxxxx & Associates as the general contractor for the Tenant Work, Tenant will have no right to access the prepaid Base Rent and Premises for the Letter performance of Credit as required elsewhere in this Leasethe Tenant Work until the Substantial Completion Date, and provided, however, upon the insurance certificates evidencing request of Tenant’s insurance policies required under this Lease, Landlord shall provide grant Tenant reasonable access to the Premises following completion of Landlord’s demolition work to the Premises to allow Tenant to perform Customary Pre-Construction Activities (as hereinafter defined), provided such access, in Landlord’s reasonable discretion, is coordinated with and will not interfere with the timely performance of Landlord’s Work. Any early access by Tenant prior to the substantial completion of the Landlord’s Work shall be subject to reasonable rules and regulations as may be established by Landlord from time to time, including, without limitation, hours of access and that the performance of Landlord’s Work shall have priority over any activities that Tenant is conducting or shall propose to conduct during the period prior to the Substantial Completion of Landlord’s Work. Any interference by Tenant, its employees, agents, invitees or contractors that causes an actual delay in the performance of the Landlord’s Work as a result of Tenant’s early access to the Premises on shall constitute a Tenant Delay under this Lease. “Customary Pre-Construction Activities” shall mean such architectural and engineering activities that are generally performed in preparation for the latest construction of first class office space in the financial district of Boston, Massachusetts and which do not involve the performance of work which physically alters in any way any portion of the Premises or the Building and which do not affect or interfere with the operation of any Building systems. Examples of Customary Pre-Construction Activities are the taking or preparation of measurements, surveys, elevations, sketches and layouts. Any such access to occur of the Premises by Tenant and Tenant’s employees, agents, contractors, subcontractors material suppliers and laborers prior to the Substantial Completion Date shall be (i) the first (1st) Business Day following the date of mutual execution at Tenant’s sole risk and delivery of this Leaseexpense, (ii) coordinated with the first (1st) Business Day following timely performance of the date on which Landlord determines Landlord’s Work and not interfere with or delay in any material respect the Premises is free and clear performance of any existing tenancythe Landlord’s Work, and (iii) fifteen (15) days prior subject to such reasonable access rules as Landlord may impose based upon the status of completion of Landlord’s then-estimated date of delivery of Work and the Premises remaining Landlord’s Work to be performed in the Premises, (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be iv) subject to and upon all of the same terms and conditions of this Lease, Lease except for Tenant’s the obligation to pay Rent Rent, (which obligation shall commence v) conditioned upon the Commencement DateTenant’s complying with and performing, subject and causing its employees, agents, contractors, subcontractors, material suppliers and laborers to the abatement comply with and perform, all of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, Tenant’s insurance and indemnity obligations and other obligations governing the conduct of business Tenant at the ACTIVE/91437610.6 Property under the Lease (provided that no Basic Rent, or Additional Rent shall accrue or be payable during such time), and (vi) to the fullest extent permitted by applicable Laws, the installation or placement of any furniture, equipment, construction materials and supplies and other property in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for be at the sole purpose risk and hazard of installing cablingTenant and Landlord shall not be liable for any theft, furnitureloss, fixtures injury or damage to any such property therein and equipment, provided that Tenant shall be solely responsible for all the security of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Workproperty, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilitymaterials and supplies.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual full execution and delivery of this Lease, Lease by Landlord and Tenant (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such early occupancy shall be subject to all of the terms and conditions of this Lease, except that Tenant shall pay: (A) Base Rent in the amount of $2,382.80 per month, and (B) 50% of the amount of Tenant’s Proportionate Share of the Additional Rent, Taxes, and Insurance, in each case, for the period commencing on the Access Date and ending on the date immediately preceding the Commencement Date (such Rent to be prorated based on the length of the Early Occupancy Period). Such period of early access occupancy shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Occupancy Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Occupancy Period, Tenant may enter the Premises (but not any other portion of the Building or Premises in which Landlord is not then performing the Project other than for ingress and egress) Work for the sole purpose of installing cablingtelephones, furnitureelectronic communication equipment, fixtures and equipmentfurniture, provided that Tenant shall be solely responsible for all any of the foregoing such fixtures, furniture or equipment and for any loss or damage thereto from any cause whatsoever. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord reasonably determines that such early access and installation activities will not interfere with delay the access, use and occupancy substantial completion of the Building or Work. Landlord and Tenant shall cooperate in the Project by Landlord or any other tenant or occupant and/or scheduling of Tenant’s early access to the Premises and of Tenant’s installation activities in an attempt to maximize the benefits to Tenant of this Section 3(b) without interfering with Landlord’s performance substantial completion of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this LeaseWork. The provisions of Sections Section 8(a) below and of Section 11 of this Lease below shall apply in full during the Early Access Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early accessentry, and (y) comply with all Laws applicable to such early access entry work in the Premises. If Landlord reasonably determines that Tenant’s Notwithstanding the foregoing, if such early access is interfering in any material way or installation delays or interferes with Landlord’s ability to deliver possession performance of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict accelerate the Commencement Date one day for each day of delay caused by Tenant’s early access during to the Early Access Period without any liabilityPremises.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery the provisions below, from and after the Effective Date, Tenant shall have the right to enter the Expansion Premises in order to generally prepare the Expansion Premises for occupancy including the storage of an executed original of this Leaseproduct, but not to conduct normal business operations ("Early Access"). Other than in connection with Landlord's Work, the prepaid Base Rent and Repair Work or any emergency relating to the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this LeaseExpansion Premises, Landlord shall provide Tenant with early not grant access to the Expansion Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access party between 3
b. Tenant shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to comply with all of the terms and conditions of this LeaseLease during any Early Access, except for Tenant’s other than the obligation to pay Base Rent (which obligation shall commence upon the Commencement Date, subject and its share of Operating Expenses with respect to the abatement of Base Rent provided in Expansion Premises. Nothing herein shall relieve Tenant from its obligations under the Basic Lease Information). Notwithstanding with respect to the foregoing, the conduct of business in the Premises Existing Premises.
c. Tenant shall cause an immediate acceleration not unreasonably interfere with Landlord's completion of the Commencement Date Landlord's Work; d. Tenant will provide written notice to the date of Tenant’s initial conduct of business in the Premises. During the Landlord prior to any Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict have a representative present during such access so long as Landlord does not delay Tenant’s access during the 's Early Access Period to the Expansion Premises.
e. Tenant shall not begin its normal business operations from the Expansion Premises until the First Expansion Date with respect to the First Expansion Premises or the Second Expansion Date with respect to the Second Expansion Premises, as the case may be.
f. Notwithstanding anything to the contrary contained herein, Tenant does hereby expressly acknowledge and agree that the storage and installation of fixtures and Tenant's personal property (including equipment) in the Expansion Premises shall be at Tenant's sole risk, cost and expense, and that Landlord shall not be liable for and Tenant hereby releases Landlord from any and all liability for any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons; provided, however, that Landlord shall be responsible for its gross negligence or willful misconduct and the gross negligence or willful misconduct of its employees, officers, directors, agents, contractors, and subcontractors, Tenant does hereby further agree to indemnify, defend (with counsel reasonably acceptable to Landlord), and hold harmless Landlord and its employees, officers, directors, agents and contractors from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses (including, without limitation, attorneys' fees at the trial and appellate levels) of any liabilityand every nature arising out of or in any way relating to Tenant's Early Access; provided, however, that Tenant shall not indemnify Landlord for any matter arising from Landlord's gross negligence or willful misconduct or the gross negligence or willful misconduct of its employees, officers, directors, agents, contractors, and subcontractors. 9.
Appears in 1 contract
Samples: Lease Agreement (Pfsweb Inc)
Early Access. Subject to Tenant’s delivery of an executed original the terms of this LeaseParagraph 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 prepaid Base Rent 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 Letter Floors of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this LeasePhase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide Tenant with early access to the Premises on the latest to occur of either (iA) the first at least two (1st2) Business Day following the date of mutual execution and delivery of this LeaseFloors in any instance or, (iiB) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the first (1st) Business Day following Phase I Premises. With respect to each Floor, the date on which Landlord determines provides early access to such Floor in the Premises is free and clear of any existing tenancyEarly Access Delivery Condition (as defined below) or, and (iii) fifteen (15) days prior if Tenant has failed to Landlord’s then-estimated date of delivery of deliver the Premises (in any caseEarly Access Deliverables, the “Access Date”). Such period of date on which Landlord would have provided such early access shall commence on to such Floor in the Early Access Date and continue through Delivery Condition had Tenant delivered the date immediately preceding the Commencement Date (Early Access Deliverables, is hereinafter referred to as the “Early Access Period”)Date,” and with respect to the Phase I Premises, and Tenant’s access during the date on which the Early Access Period 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 for Tenant’s obligation that (i) Tenant shall not be required to pay Rent Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (which obligation shall commence upon the Commencement Date, subject as defined in Paragraph 14.A below) with respect to the abatement period of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration 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 any services or utilities to the date Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of Tenant’s initial conduct of business tenant improvements in comparable buildings located in the Premises. During the Early Access Period, Tenant may enter geographical area in which the Premises are located. In the event any above-standard or excessive (but not as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any other portion such period of the Building or the Project other than for ingress and egress) for the sole purpose of installing cablingearly access, furniture, fixtures and equipment, provided that Tenant shall be solely responsible liable for all of the foregoing and for any loss or damage thereto from any cause whatsoeversame. Such Said early access shall not advance the Expiration Date. During any such early access period, Landlord and installation Tenant shall be permitted only reasonably cooperate in good faith to reasonably coordinate the extent concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way adversely impacts or otherwise delays or interferes with Landlord’s ability efforts to deliver possession obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the Premises in the condition required under this Lease and/or to complete the Worksame, then Landlord shall have any resulting delay in Landlord’s Substantial Completion of the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.Base
Appears in 1 contract
Samples: Office Lease (Asana, Inc.)
Early Access. Subject to Tenant shall be responsible for installing, at Tenant’s delivery of an executed original of this Leasesole cost and expense, any and all work (other than Landlord’s Work) for the MMR Expansion Space (collectively, the prepaid Base Rent “Additional Alterations”). Tenant’s right to perform the Additional Alterations shall be subject to Landlord’s prior written approval of the plans and specifications therefor (the “Additional Alterations Construction Drawings and Specifications”) and the Letter of Credit as required elsewhere in this Leasecontractors who will perform such work, such consent not to be unreasonably withheld, conditioned or delayed. Landlord shall respond to a request by Tenant for Landlord’s consent to the plans and specifications for the Additional Alterations and the contractors who will perform the Additional Alterations within ten (10) business days after such a request Tenant and its contractors, subcontractors, space planner/interior architect, engineers, consultants, vendors, suppliers and other representatives, and their respective employees, shall be permitted to enter the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of MMR Expansion Space (i“Early Access”) the first at least thirty (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (1530) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement MMR Expansion Space Completion Date (the “Early Access Period”) for the purposes of inspecting same, for performing the Additional Alterations, as well as installing fixtures and equipment (including, but not limited to, telephone, communications and computer equipment, further including wiring and cabling for same). Any such permission shall constitute a license only, conditioned upon Tenant’s:
(a) working in harmony with Landlord and TenantLandlord’s access during agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; and
(b) furnishing Landlord with such insurance as Landlord may reasonably require against liabilities which may arise out of such entry. Notwithstanding anything in this Lease to the contrary, the Early Access Period shall may be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only reduced by Landlord to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way materially interferes with Landlord’s ability to deliver possession of the Premises in the condition required under this Lease and/or to complete the Landlord’s Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liability.
Appears in 1 contract
Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) Commencing fifteen (15) days prior to Landlord’s then-estimated date of delivery Substantial Completion of the Expansion Premises, Tenant shall have access to the Expansion Premises (solely for the purposes of installing Tenant’s furniture, fixtures and equipment in any case, preparation for Tenant’s occupancy of the “Access Date”)Expansion Premises. Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and In connection Tenant’s access during to the Early Access Period Expansion Premises pursuant to this Section 2.2D 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 the Lease or which shall interfere with or delay the performance of the Tenant Improvements (as defined in Exhibit “B”) 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 the terms and conditions of this Lease, except for Tenant’s that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent (which obligation shall commence upon or any additional rent on account of Operating Expenses or Taxes for the Expansion Premises prior to the Expansion Premises Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises and (but not any other portion of the Building or the Project other than for ingress and egressb) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall not be solely responsible for all of the foregoing and for any loss deemed thereby to have taken or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of accepted possession of the Expansion Premises or any portion thereof. If Tenant fails or refuses to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and comply or cause its agents and contractors, reasonably satisfactory contractor to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable any of the obligations described or referred to such early access work in the Premises. If above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord reasonably determines that may revoke Tenant’s early right of access is interfering in any material way with Landlord’s ability to deliver possession of the Expansion Premises in until the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period without any liabilityExpansion Premises Commencement Date.
Appears in 1 contract
Samples: Lease (Antares Pharma, Inc.)