Common use of Early Access Clause in Contracts

Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3, but expressly including without limitation, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Sublease, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding the foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expense.

Appears in 2 contracts

Samples: Sub Sublease (Ocz Technology Group Inc), Sub Sublease (Ocz Technology Group Inc)

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Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) October 1, 2017 (or such earlier date as Sublandlord may make the Subleased Premises available for entry by Subtenant), and (ii) the Consent Date, so long as and on the condition that prior to such entry Subtenant shall have delivered to Sublandlord (A) the pre-paid Monthly Rent required pursuant to Section 3.3 below, (B) the Security required pursuant to Section 4 below, and (C) evidence of mutual execution and delivery Subtenant’s procurement of this Sublease all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3Monthly Rent, but expressly including including, without limitation, Subtenant’s obligation to pay utility charges and Tenant’s Allocable Share of Reimbursable Operating Costs, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall reasonably coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 2 contracts

Samples: Sublease (Roku, Inc), Sublease (Roku, Inc)

Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) October 1, 2015 (or such earlier date as Sublandlord may make the Subleased Premises available for entry by Subtenant), and (ii) the Consent Date, so long as and on the condition that prior to such entry Subtenant shall have delivered to Sublandlord (A) the pre-paid Monthly Rent required pursuant to Section 3.3 below, (B) the Security required pursuant to Section 4 below, and (C) evidence of mutual execution and delivery Subtenant’s procurement of this Sublease all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3Monthly Rent, but expressly including including, without limitation, Subtenant’s obligation to pay the items of Additional Rent provided for in Section 3.4(b) that accrue from and after the Early Access Date, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall reasonably coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 2 contracts

Samples: Sublease (Roku, Inc), Sublease (Roku, Inc)

Early Access. Subtenant and Subtenant’s 's representatives shall have the right to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease Effective Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the "Early Access Date") for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling's initial Subtenant Improvements (defined in Section 16.2 below), all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s 's obligation to pay Base Rent and the cost Subtenant's Percentage Share of utilities under Section 3.3Operating Costs, but expressly including without limitation, Subtenant’s 's obligation to carry (and provide evidence of) insurance pursuant to the Master SubleaseLease, and Subtenant’s 's indemnification obligations, and/or liability for damages, reasonable 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 Date, and Subtenant shall be 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 such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 2 contracts

Samples: Sublease Agreement (Epocrates Inc), Sublease Agreement (Epocrates Inc)

Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the date of mutual execution and delivery of this Sublease Effective Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of constructing Subtenant Improvements (defined in Section 14.2 below), installation of Subtenant’s personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s 's obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitationlimitation Subtenant’s obligation to pay excess utility charges pursuant to the Master Lease, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master SubleaseLease, and Subtenant’s indemnification obligations, and/or liability for damages, reasonable 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 Date, and Subtenant shall be 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 such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Transcend Services Inc)

Early Access. Additionally, Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) the Consent Date, (ii) the date upon which Subtenant delivers to Landlord (A) the pre-paid Base Rent required pursuant to Section 3.1(a) below, (B) the Letter of mutual execution Credit and delivery (C) evidence of this Sublease Subtenant’s procurement of all insurance coverage required hereunder and (iii) the date that is ten (10) days prior to the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitation, limitation Subtenant’s obligation to pay excess utility charges, carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease (to the contrary, if either (iextent incorporated herein) Landlord or Master Sublandlord require that Subtenant vacate and the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant rules and regulations attached to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseMaster Lease.

Appears in 2 contracts

Samples: Sublease (Lyft, Inc.), Sublease (Lyft, Inc.)

Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) the Consent Date and (ii) the date upon which Subtenant delivers to Sublandlord (A) the pre-paid Base Rent required pursuant to Section 3.1(a) below, (B) the Letter of mutual execution Credit (as defined below), and delivery (C) evidence of this Sublease Subtenant’s procurement of all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of occupancy and installation of Subtenant’s personal property and the Initial Subtenant Improvements (as defined below), signage, equipment, furniture, fixtures and fixtures, voice and data cabling, and other personal property, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitation, limitation Subtenant’s obligation to pay excess utility charges, carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 2 contracts

Samples: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc)

Early Access. (1) From and after the Effective Date, Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises upon reasonable advance notice and accompanied by a representative of Sublandlord for the sole purpose of visually inspecting the Subleased Premises. Such access shall occur during regular business hours and shall be coordinated with Sublandlord and subject to such reasonable limitations, rules and regulations as Sublandlord may impose from time to time. Subtenant shall be liable for any damages to the Subleased Premises or the Building arising out of Subtenant’s access in accordance with this provision. (2) Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) the earlier of (x) June 15, 2012 or (y) the date the current tenant vacates the Subleased Premises and Sublandlord notifies Subtenant that the Subleased Premises is available, (ii) the Consent Date, and (iii) the date upon which subtenant delivers to Landlord (A) the pre-paid Base Rent required pursuant to Section 3.1(a) below, (B) the Security Deposit and (C) evidence of mutual execution and delivery Subtenant’s procurement of this Sublease all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitation, limitation Subtenant’s obligation to pay excess utility charges, carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and Subtenant’s indemnification obligations) obligations shall commence upon the Early Access Date; Subtenant shall be liable for any damages to the Subleased Premises or the Building caused by Subtenant’s activities in the Subleased Premises and/or the Building from and after the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Sublease (NeurogesX Inc)

Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the date later to occur of mutual execution (i) August 15, 2006 and delivery of this Sublease (ii) the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitationlimitation Subtenant’s obligation to pay excess utility charges pursuant to the Master Lease, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master SubleaseLease, and Subtenant’s indemnification obligations, and/or damages, reasonable 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 Date, and Subtenant shall be 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 such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Sublease Agreement (Vitalstream Holdings Inc)

Early Access. Subject to the terms and provisions of the Work Letter and the terms and provisions of this Sublease, Subtenant and Subtenant’s representatives shall have the right be permitted to enter the Subleased Premises Phase I from and after the date of mutual execution and delivery of this Sublease Phase I Delivery Date until the Phase I Rent Commencement Date (the date upon which Subtenant first has such access but subject to the Subleased Premises being referred restrictions set forth in Section 6.3 below), to herein as enter Phase II from and after the “Early Access Phase II Delivery Date until the Phase II Rent Commencement Date”) , and to enter Phase III from and after the Phase III Delivery Date until the Phase III Rent Commencement Date, respectively, for the sole purposes and limited purpose of constructing and installing its Tenant Improvements, fixtures, furnishings, equipment, cabling and personal property within Phase I, Phase II and Phase III, respectively, of the Sublease Premises; provided, however, that, as to Phase III only, such early access shall allow the commencement of business as provided in, and subject to the terms and conditions of, Section 2.4.3 above. Such limited entry and use of the Sublease Premises shall not obligate Subtenant to commence paying Base Rent for each applicable Phase unless Subtenant commences its business operations in all or any portion of such Phase prior to the Rent Commencement Date for each respective Phase. This right of entry onto the Sublease Premises is subject to revocation by Sublandlord in the event that Subtenant or its employees, contractors, subcontractors or agents cause unreasonable interference with any of Sublandlord's work in Building D or any labor dispute or damage during such period which results either directly or indirectly from the installation or delivery of the foregoing, or Subtenant otherwise breaches any term, covenant or condition of this Sublease. Prior to Subtenant's entry onto the Sublease Premises in accordance with this Section 2.6, Subtenant shall satisfy all of the insurance requirements set forth in Section 17 of this Sublease. Under no circumstances shall Sublandlord be liable or responsible for, and Subtenant agrees to assume all risk of loss or damage to such installation of Subtenant’s its tenant improvements, furniture, fixtures, furnishings, equipment, cabling and personal property and equipmentto indemnify, furnituredefend and hold Sublandlord harmless from any liability, fixtures and voice and data cabling, all subject loss or damage arising from any damage to the termsproperty of Sublandlord, conditions or its contractors, employees or agents, and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior any death or personal injury to any person or persons to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation extent caused by, attributable to pay Base Rent and the cost of utilities under Section 3.3or arising out of, but expressly including without limitationwhether directly or indirectly, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Sublease, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such 's entry with Sublandlord. Notwithstanding the foregoing to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate onto the Subleased Premises or (ii) cease the delivery, placement, installation, or presence of its installations until the Effective Date has occurredtenant improvements, Subtenant shall promptly comply with any such requirement. Additionallyfurniture, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 abovefixtures, Subtenant shall promptly remove from the Subleased Premises any furnishings, equipment, cabling and personal property, equipmentexcept to the extent that such loss or damage is caused by Sublandlord's willful misconduct or gross negligence or the willful misconduct or gross negligence of Sublandlord's contractors, furniture, fixtures and/or voice agents or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseemployees.

Appears in 1 contract

Samples: Sublease (E Loan Inc)

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Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from during the period, if any, commencing on the Effective Date and after ending on the date of mutual execution and delivery of this Sublease day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of the Initial Subtenant Improvements (defined in Section 15.2 below), Subtenant’s personal property and the testing and installation of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master this Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3and Subtenant’s maintenance and repair obligations, but expressly including without limitation, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and 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 Date, and Subtenant shall be 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 such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Sublease (Pain Therapeutics Inc)

Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from during the period, if any, commencing on the Effective Date and after ending on the date of mutual execution and delivery of this Sublease day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of construction of Subtenant Alterations (defined in Section 15.2 below), installation of Subtenant’s personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master this Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitationlimitation Subtenant’s obligation to pay excess utility charges, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and 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 Date, and Subtenant shall be 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 such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Sublease (Guidewire Software, Inc.)

Early Access. Subtenant and Subtenant’s 's representatives shall have the right to enter the Subleased Premises during all Building Hours from and after the later to occur of (i) August 1, 2014, (ii) the Consent Date and (iii) the date upon which Subtenant delivers to Landlord (A) the pre-paid Base Rent required pursuant to Section 3.l (a) below, (B) the Security Deposit and (C) evidence of mutual execution and delivery Subtenant's procurement of this Sublease all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the "Early Access Date") for the sole purposes of installation of constructing Subtenant’s 's improvements and installing Subtenant's personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s 's obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitation, limitation Subtenant’s 's obligation to pay excess utility charges, carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Sublease Agreement (Care.com Inc)

Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from during the period, if any, commencing on the Effective Date and after ending on the date of mutual execution and delivery of this Sublease day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of construction of the Initial Subtenant Alterations (defined in Section 15.2(a) below), installation of Subtenant’s personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master this Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3and Subtenant’s maintenance and repair obligations, but expressly including without limitation, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Subleaseinsurance, and 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 Date, and Subtenant shall be 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 such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Sublease (NeurogesX Inc)

Early Access. Subtenant and Subtenant’s 's representatives shall have the right to enter the Subleased Premises from and after the date later to occur of mutual execution (x) October 1, 2006, and delivery of this Sublease (y) the Effective Date (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the "Early Access Date") for the sole purposes of installation of Subtenant’s 's personal property and the testing of equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Sublease; in no event will Subtenant perform work which requires the procurement of a construction permit prior to the Effective DateLease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s 's obligation to pay Base Rent and the cost of utilities under Section 3.3Rent, but expressly including without limitationlimitation Subtenant's obligation to pay excess utility charges pursuant to the Master Lease, Subtenant’s 's obligation to carry (and provide evidence of) insurance pursuant to the Master SubleaseLease, and Subtenant’s 's indemnification obligationsobligations and/or liability for damages, reasonable 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 Date, and Subtenant shall be 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 such insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord. Notwithstanding , and such entry shall be made in compliance with all terms and conditions of this Sublease, the foregoing Master Lease and the rules and regulations attached to the contrary, if either (i) Landlord or Master Sublandlord require that Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurred, Subtenant shall promptly comply with any such requirement. Additionally, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed by Subtenant in the Subleased Premises and repair any portion of the Subleased Premises damaged or otherwise altered as a result of such installation, all at Subtenant’s sole cost and expenseLease.

Appears in 1 contract

Samples: Sublease Agreement (Galaxy Nutritional Foods Inc)

Early Access. Subtenant Subject to compliance with the terms and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the date of mutual execution and delivery conditions of this Sublease Sublease, Sublandlord grants to Subtenant an unlimited, twenty-four (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as 24) hour per day right (the “Early Access DateRight”) to access the Sublease Premises during the period beginning on the Delivery Date and expiring on the Sublease Commencement Date (such period, the “Early Access Period”) solely for (i) the sole purposes of construction, storage, and installation of Subtenant’s personal property equipment and equipment(ii) the designing, furniturepermitting, fixtures and voice and data cablingconstruction of Subtenant’s interior improvements (collectively, all the “Initial Alterations”). The Early Access Right will be subject to the terms, conditions and requirements following conditions: (w) Subtenant must have provided Sublandlord with all required evidence of the Master required insurance under this Sublease; in no event will Subtenant perform work which requires the procurement (x) all applicable terms and conditions of a construction permit prior to the Effective Date. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent and the cost of utilities under Section 3.3, but expressly including without limitation, Subtenant’s obligation to carry (and provide evidence of) insurance pursuant to the Master Sublease, and Subtenant’s indemnification obligations) shall commence upon will apply during the Early Access Date. Period; (y) no Rent will be payable by Subtenant shall coordinate such entry with Sublandlord. Notwithstanding during the foregoing to the contraryEarly Access Period, if either (i) Landlord or Master Sublandlord require that but Subtenant vacate the Subleased Premises or (ii) cease its installations until the Effective Date has occurredwill pay for all actual fees, Subtenant shall promptly comply with any such requirement. Additionallycosts, if either party hereto terminates this Sublease pursuant to the provisions of Section 2.1 above, Subtenant shall promptly remove from the Subleased Premises any personal property, equipment, furniture, fixtures and/or voice or date cabling previously installed and expenses incurred by Subtenant in connection with the Subleased Premises and repair any portion performance of the Subleased Premises damaged or otherwise altered as a result Initial Alterations; and (z) all Initial Alterations will be subject to the terms and conditions of such installationthis Sublease. For the avoidance of doubt, all at Subtenant’s sole cost and expenseSublandlord will not provide any Subtenant improvement allowance in connection with the Initial Alterations.

Appears in 1 contract

Samples: Sublease Agreement (Archer Aviation Inc.)

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