Common use of Early Access Clause in Contracts

Early Access. Landlord shall grant to Tenant and Tenant’s agents a license to enter the Premises prior to the Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for Tenant’s use and occupancy. It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (i) Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (A) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work or installations made in the Premises or to property placed therein prior to the commencement of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or to any portion of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra cost.

Appears in 1 contract

Samples: Deed of Lease (Gtsi Corp)

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Early Access. Landlord shall grant 7.1 Subject to Tenant and Tenant’s agents a license to enter satisfaction of the Premises conditions set out in clause 7.2 prior to the Commencement Beneficial Occupation Date the Landlord will facilitate commencement of the Fit Out Works after the issue of the Licence Access Certificate and before the Beneficial Occupation Date on the terms and conditions set out in order this clause 7. 7.2 The conditions referred to in clause 7.1 are as follows: - (a) receipt by the Landlord of the Fit Out Works Collateral Warranties and copies of the Fit Out Works Letter of Appointment provided for in and otherwise in accordance with clause 6.3; (b) review and approval by each of the Landlord and the Tenant of all insurances relating to the Fit Out Works, including those provided for in clause 19.2 but excluding (for this purpose) those for sub-contractors appointed after commencement of the Fit Out Works; (c) due execution by the Tenant and the Guarantor and delivery to the Landlord of the original and counterparts of the Novation Deed as set out in clause 7.9; (d) execution by the Fit Out Contractor of the Fit Out Building Contract for the Fit Out Works as set out in clause 7.4 and delivery of the executed contract to the Landlord; (e) compliance at all times by the Tenant with its obligations under this clause 7; and (f) compliance by the Tenant and each member of the Tenant’s Professional Team with the provisions of clause 7.5. 7.3 Each party agrees to cooperate in good faith to implement the Project Execution Plan and to use reasonable endeavours to adhere to the procedures and protocols set out in the Project Execution Plan. In the event that either party (acting reasonably and in good faith) wishes to vary the Project Execution Plan, it shall notify the other party in writing setting out its proposals. The parties will then endeavour (each acting reasonably and in good faith) to agree to any required variation to the Project Execution Plan within a reasonable time period, provided that no party will be required to agree to a variation where the proposal may hinder or prevent that party from complying with its obligations under this Agreement. 7.4 Subject to satisfaction of the conditions set out in sub paragraphs (a) to (d) inclusive of clause 7.2 prior to the Beneficial Occupation Date, the Landlord shall and is irrevocably authorised by the Tenant to enter into and exchange with the Fit Out Contractor the Fit Out Building Contract for the Fit Out Works in the form attached at Schedule 4 (or such other form as the Landlord and the Tenant may do other work required by Tenant in writing agree) with all related contract documents attached based on the Detailed Design Tender Package. The Landlord’s Project Manager is irrevocably authorised to make act as contract manager and the Premises ready Landlord’s Quantity Surveyor is irrevocably authorised to act as quantity surveyor in each case for Tenant’s use and occupancy. It shall be a condition to the grant by Landlord and continued effectiveness all purposes of such license that: (i) Tenant shall give to Landlord not less than five (5) days’ prior written notice Fit Out Building Contract. The reasonable and properly incurred and vouched costs, fees and expenses of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (A) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested Landlord’s Project Manager and the approximate number of individuals, itemized by trade, who will be present Landlord’s Quantity Surveyor incurred in the Premises; (C) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (D) copies of all plans connection with their roles under and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required any services provided in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise Fit Out Building Contract or otherwise in connection with such work; the Fit Out Works in amounts not to exceed €25,956.00 (plus VAT) and €20,000.00 (Gplus VAT) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing respectively shall be subject recharged to Landlordand promptly discharged by the Tenant. For the avoidance of doubt, the Landlord shall issue periodic valid VAT invoices to the Tenant for any costs to be recharged to the Tenant pursuant to this clause, together with any VAT chargeable thereon such VAT invoices to be discharged in full by the Tenant within ten (10) Working Days from service or delivery (whether to the Tenant or to the Tenant’s approval, which shall not be unreasonably withheld, conditioned or delayedProject Manager but in any event copied to the other) of a valid VAT invoice. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers 7.5 All costs fees and invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, expenses due or the general operation of the Building. If payable at any time to the Tenant’s Professional Team shall be promptly discharged by the Tenant. During the construction of the Fit Out Works the Tenant will ensure that the Tenant’s Professional Team promptly and efficiently (a) issue to the Landlord’s Project Manager all such entry design information, plans and documents “for construction” and (b) deal with any requests for information (c) review and approve (or otherwise) any sample which may be submitted to the Tenant or the Tenant’s Project Manager and (d) promptly provide interim opinions on compliance in a form satisfactory to the Landlord’s Project Manager, including confirmation that any Fit Out Works being certified for payment under the Fit Out Building Contract are approved and accepted from a design, specification, workmanship and compliance/Building Regulation perspective. The Tenant shall cause procure that each member of the Tenant’s Professional Team provides to the Landlord’s Project Manager and any relevant member of the Landlord’s Professional Team all such documents, plans and information relating to or threaten connected with the design specification and/or construction of the Fit Out Works as may reasonably be requested in writing from time to cause time by or on behalf of the Landlord’s Project Manager or any member of the Landlord’s Professional Team, all such disharmonydocuments, plans and information to be provided without delay and in a manner satisfactory to the Landlord’s Project Manager (acting reasonably). For the avoidance of doubt the Landlord shall have no liability or responsibility in connection with the design of the Fit Out Works. 7.6 For the avoidance of doubt, any instructions which may be issued by or on behalf of the Tenant or any member of the Tenant’s Professional Team in connection with the Fit Out Works can only be communicated in writing by the Tenant’s Project Manager to the Landlord’s Project Manager. For the avoidance of doubt, any instruction issued by the Tenant’s Project Manager shall be binding for all purposes on the Tenant and the Guarantor and any implications arising from any such instruction (whether in connection with design, programme, cost and/or otherwise) shall be a matter for and the joint and several liability of the Tenant and the Guarantor. 7.7.1 All costs fees and expenses of designing carrying out and completing or procuring the design carrying out and completion of the Fit Out Works (including the cost of obtaining and complying with any Requisite Consents relating to the Fit Out Works and any connections for Conduits and Utilities) shall be for the account of the Tenant. 7.7.2 The full amount of each certificate for payment issued or given at any time under the Fit Out Building Contract, including each “Interim Certificate” and the “Final Certificate”, and of any other sum which at any time is due or payable under the Fit Out Building Contract by the Tenant together with any VAT that may be exigible shall be paid and discharged by the Tenant to the Landlord without deduction abatement set-off (except to the extent clause 10.2 may apply) or counterclaim within ten (10) Working Days of the date of service or delivery to the Tenant or the Tenant’s Project Manager of a valid VAT invoice (but in any event copied to the other) (together with a copy of any such certificate and the associated payment recommendation). 7.7.3 The Landlord may withdraw (without prejudice to any other right or remedy) suspend the Fit Out Works if any such license upon fortypayment is not made within a further ten (10) Working Days from the date such payment is due and payable pursuant to clause 7.7.2 until payment is duly made (but without prejudice to any other right or remedy). 7.7.4 For the avoidance of doubt, the Landlord shall issue valid VAT invoices to the Tenant for the value of Fit-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Out Works carried out together with any VAT chargeable thereon. 7.8 The Landlord shall not be liable in any way to the Tenant for any injury, loss default or damage which may occur delay on the part of the Fit Out Contractor (save to any the extent such default or delay is directly caused by the neglect or default of Tenant’s work or installations made in the Premises or to property placed therein Landlord). 7.9 The Novation Deed and two counterparts of it shall be duly executed by the Tenant and the Guarantor and by the Fit Out Contractor prior to the commencement execution and exchange of the Term, Fit Out Building Contract provided for in clause 7.4 and shall be held in escrow by the same being at Tenant’s sole risk Landlord pending execution by the Landlord and liabilitydelivery from escrow in accordance with this Agreement. 7.10 The Landlord shall duly execute the Novation Deed and deliver from escrow an executed counterpart of it to each of the Tenant and the Fit Out Contractor on the date of the issue of the “certificate of practical completion” for the purposes of the said Fit Out Building Contract. Immediately upon such delivery: - 7.10.1 the Novation Deed shall come into full force and effect and be binding on all parties to it; 7.10.2 the obligations of the Landlord under clause 7 shall cease to have effect or apply; 7.10.3 the Tenant shall be liable to Landlord responsible for any damage the retention payable to the Premises or Fit Out Contractor pursuant to the terms of the Fit Out Building Contract; and 7.10.4 the Landlord shall be entitled to require that the Fit Out Contractor duly executes and delivers a collateral warranty to the Landlord in the form of the contractor warranty attached to the Fit Out Building Contract at Schedule 16; and 7.10.5 the Tenant shall deal with the Fit Out Contractor in relation to any portion of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In Snag Items. 7.11 Subject to clause 19.2 the event the performance provisions of the work by Tenant, its agents, employees or contractors causes extra costs Fit Out Building Contract shall apply to Landlord, Tenant shall reimburse Landlord for the entire extra costinsurances to be effected and maintained in respect of the Fit Out Works.

Appears in 1 contract

Samples: Occupational Lease (Hubspot Inc)

Early Access. Provided Tenant has paid the Base Rent provided in Section 2(b), the Tenant Reimbursement Amount provided in Section 2(c) and any certificates of insurance required by this Lease, Landlord shall grant grants to Tenant and Tenant’s agents contractors of Tenant a conditional license to enter the Premises prior on October 15, 2019 (the “Early Access Date”) to the Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for perform Tenant’s use and occupancy. It Work (as defined herein) which shall be a condition to the grant by Landlord performed in accordance with Sections 10 and continued effectiveness 11 of such license that: (i) this Lease. Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (Ai) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requestedTenant’s Work; (Bii) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (Ciii) copies of all contracts pertaining to the performance of the work Tenant’s Work for which such early access is being requested; (Div) copies of all plans and specifications pertaining to the work Tenant’s Work for which such access is being requested; (Ev) copies of all licenses and permits, if any, permits required in connection with the performance of the work any of Tenant’s Work for which such access is being requested; (Fvi) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work). All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. (ii) . Such early access shall be subject to scheduling by Landlord. (iii) . Tenant and Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees contractors shall work in harmony and not interfere with Landlord and Landlord’s agents contractors in performing Landlord’s Work, Tenant’s Work, Landlord’s any tenant improvement work which Landlord is performing in the Premises or in other premises and in common areas of within the Building, the Property or in the Common Areas, or with the general operation of the BuildingProperty. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon fortytwenty-eight four (4824) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant or its contractors shall be deemed to be under all of the terms, covenants, conditions and provisions of the this Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C 12 and 11 13 thereof. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work Work or installations made to property of Tenant placed in the Premises or to property placed therein any portion of the Premises prior to the commencement of the TermCommencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or Premises, to any portion of Tenant’s Work tenant improvement work in the Premises, or the Property which is caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra cost.

Appears in 1 contract

Samples: Lease Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Early Access. Landlord shall grant Lessor shall, subject to Tenant the following terms and Tenant’s agents a license conditions, permit Lessee, and Lessee's agents, to enter the Premises during the seventy-five (85) day period prior to the Estimated Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for Tenant’s use and occupancy. It shall be a condition to the grant by Landlord and continued effectiveness of such license thatDate: (ia) Tenant Lessee shall give to Landlord not less than five (5) days’ Lessor reasonable prior written notice of its request to have such access to the Premises, which notice shall must contain and/or shall or be accompanied by: (Ai) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requestedin the Premises; (Bii) the names and addresses of all contractors, subcontractors and material suppliers for whom and which contractors performing such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premiseswork; (Ciii) copies of all contracts pertaining to the performance of the work for which such early access is being requestedwork; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (Eiv) copies of all licenses and permits, if any, permits required in connection with the performance of the work for which such access is being requestedwork; and (Fv) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approvaldamages, which shall not be unreasonably withheld, conditioned or delayed.suits, (iib) Such early access shall be is subject to reasonable scheduling by LandlordLessor. (iiic) Tenant’s Lessee's agents, contractors, workmenworkers, mechanics, suppliers suppliers, and invitees shall must work in harmony and not interfere with Landlord Lessor and Landlord’s agents Lessor's contractor in performing Landlord’s Work, Tenant’s Work, Landlord’s doing work in the Premises, in other premises premises, and in common areas of the Building, or and in the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony or interference, including labor disharmony, Landlord Lessor may withdraw such license its permission upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of Lessee. (d) In the event that Lessor's work in the Premises by Tenant shall be deemed and Lessee's work in the Premises (pursuant to be under all of the termspermission granted herein) progress simultaneously, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Landlord Lessor shall not be liable for any injury, loss or damage which may occur injury to any person or for damage to any property of Tenant’s Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or installations made in the Premises materials furnished or to property placed therein prior to the commencement obligations incurred by or for Lessee. Lessee will discharge any such lien of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be record immediately upon its filing. (e) Lessee agrees that it is liable to Landlord Lessor for any damage to the Premises or to any portion of Tenant’s Work the work in the Premises caused by Tenant Lessee or any of Tenant’s Lessee's employees, agents, contractorslicensees, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra costinvitees.

Appears in 1 contract

Samples: Lease Agreement (Pacific Sunwear of California Inc)

Early Access. Landlord shall grant Lessor shall, subject to Tenant the following terms and Tenant’s agents a license conditions, permit Lessee, and Lessee's agents, to enter the Premises during the seventy-five (75) day period prior to the Estimated Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for Tenant’s use and occupancy. It shall be a condition to the grant by Landlord and continued effectiveness of such license thatDate: (ia) Tenant Lessee shall give to Landlord not less than five (5) days’ Lessor reasonable prior written notice of its request to have such access to the Premises, which notice shall must contain and/or shall or be accompanied by: (Ai) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requestedin the Premises; (Bii) the names and addresses of all contractors, subcontractors and material suppliers for whom and which contractors performing such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premiseswork; (Ciii) copies of all contracts pertaining to the performance of the work for which such early access is being requestedwork; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (Eiv) copies of all licenses and permits, if any, permits required in connection with the performance of the work for which such access is being requestedwork; and (Fv) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages damages, suits, Initials: _______ Initials: _______ 51 fines, penalties, actions, causes of action, and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All Each of the foregoing shall be subject to Landlord’s Lessor's approval, which approval shall not be arbitrarily withheld. Notwithstanding the foregoing, Lessor agrees not to unreasonably withheld, conditioned or delayedwithhold its consent with respect to Items (i) through (v) of this Paragraph 52(a) related to the installation by SDI Industries of Lessee's material handling system in the distribution center portion of the Premises. (iib) Such early access shall be is subject to reasonable scheduling by LandlordLessor. (iiic) Tenant’s Lessee's agents, contractors, workmenworkers, mechanics, suppliers suppliers, and invitees shall must work in harmony and not interfere with Landlord Lessor and Landlord’s agents Lessor's contractor in performing Landlord’s Work, Tenant’s Work, Landlord’s doing work in the Premises, in other premises premises, and in common areas of the Building, or and in the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony or interference, including labor disharmony, Landlord Lessor may withdraw such license its permission upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of Lessee. (d) In the event that Lessor's work in the Premises by Tenant shall be deemed and Lessee's work in the Premises (pursuant to be under all of the termspermission granted herein) progress simultaneously, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Landlord Lessor shall not be liable for any injury, loss or damage which may occur injury to any person or for damage to any property of Tenant’s Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or installations made in the Premises materials furnished or to property placed therein prior to the commencement obligations incurred by or for Lessee. Lessee will discharge any such lien of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be record immediately upon its filing. (e) Lessee agrees that it is liable to Landlord Lessor for any damage to the Premises or to any portion of Tenant’s Work the work in the Premises caused by Tenant Lessee or any of Tenant’s Lessee's employees, agents, contractorslicensees, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra costinvitees.

Appears in 1 contract

Samples: Lease Agreement (Pacific Sunwear of California Inc)

Early Access. Landlord shall grant Subject to Tenant and Tenant’s agents a license adherence to any scheduling protocols required by Landlord, Tenant shall have the right to enter the Premises following the later to occur of (a) June 1, 2015 and (b) Landlord’s (i) execution and delivery of this Lease, (ii) receipt of the installment of Base Rent for Lease Month 7 of the Term and the first monthly installment of Additional Rent for Expenses and Taxes, (iii) receipt of the Security Deposit, the Landlord’s receipt of which is hereby acknowledged, and (iv) receipt of the insurance required in connection therewith pursuant to Article 14 of this Lease) to install Tenant’s furniture and equipment and perform the Tenant’s Work. During the period commencing on the date that Tenant enters onto the Premises in accordance with the prior to sentence until the Commencement Date in order (the “Early Access Period”), Tenant shall comply with all terms and provisions of this Lease (including, without limitation, Article 13 and Article 14 of this Lease), except those provisions requiring the payment of Base Rent or Additional Rent for the Premises (except as otherwise set forth hereinabove), and except that Tenant may do other work required shall be responsible for the payment of all utilities consumed by Tenant to make in and for the Premises ready for Tenant’s use and occupancyduring such Early Access Period. It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (i) Tenant shall give to Landlord not less than five (5) days’ prior written notice expressly agrees that neither it nor any of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (A) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and or invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of enter the Premises by Tenant unless and until each of them shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work or installations made in the Premises or to property placed therein prior to the commencement of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or to any portion of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs furnish such assurances to Landlord, Tenant including, but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall reimburse require to protect Landlord for the entire extra costagainst any loss, casualty, liability, liens or claims.

Appears in 1 contract

Samples: Lease Agreement (Cogentix Medical Inc /De/)

Early Access. Landlord shall grant Subject to Tenant the terms herein and Tenant’s agents a license to enter the Premises prior to the Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for Tenant’s use and occupancy. It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (i) compliance with all applicable Laws, Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such reasonable access to the PremisesPremises (“Early Access”) during completion of the Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring and during the 2-week period immediately prior to Substantial Completion to install its furniture, which notice shall contain and/or fixtures, and equipment; provided in any such case Tenant’s Early Access does not unreasonably interfere with, or unreasonably delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be accompanied by: (A) a description fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and schedule for effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractorsLandlord. Any delay resulting from Early Access, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining including without limitation due to the performance of the a Tenant vendor’s work for which such early access is being requested; (D) copies of all plans and specifications pertaining delaying Landlord’s ability to the work for which such access is being requested; (E) copies of all licenses and obtain its permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereofa Tenant Delay. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work or installations made in the Premises or to property placed therein prior to the commencement of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or to any portion of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra cost.​ ​

Appears in 1 contract

Samples: Lease Agreement (Passage BIO, Inc.)

Early Access. (a) The Landlord shall grant grants licence to the Tenant and Tenant’s agents a license to enter the Demised Premises for the purpose only of enabling the Tenant to carry out and complete the Early Access Works (but not any other works) provided that the Tenant provides sufficient evidence to the Landlord that the Tenant has complied with its obligations in respect of insurance in accordance with Clause 3.9. (b) The Tenant may but shall not be obliged to commence the Early Access Works prior to completion of the Commencement Date Licence for Alterations and shall not carry out the Early Access Works until it has received the Landlord’s approval of the relevant Method Statement. If in order that compliance with this Clause 3.14, the Tenant may do other work required commences the Early Access Works prior to completion of the Licence for Alterations, the Tenant shall cause the same to be carried out and completed: (i) at its own expense; (ii) with due diligence and without delay; (iii) in a good and workmanlike manner using sound materials of good quality; (iv) by Tenant to make the Premises ready for Tenant’s use Works Contractor and/or the Tenant’s Professional Team and occupancy. It shall be a condition their subcontractor agents and employees; (v) in accordance with good design practice; (vi) in accordance with the Tenant’s Works Scope and Plans and/or Strip Out Specification insofar as they relate to the grant by Early Access Works; (vii) in compliance with all Necessary Consents relating to the Early Access Works, which the Tenant will apply for and use reasonable endeavours to obtain; (viii) in compliance with the Construction (Design and Management) Regulations 2007; and (ix) in compliance with the relevant Method Statement. (c) In relation to the carrying out of the Early Access Works the Landlord will permit such entry on the same terms as Clause 3.14(b) to: (i) the Tenant’s Works Contractor and continued effectiveness of such license contractor’s sub-contractors, agents and employees; and (ii) the Tenant’s Professional Team, such licence including permission to bring onto the Demised Premises such plant, equipment and materials as are required for such purpose. (d) The licence so granted does not confer on the Tenant or any other person any estate, right, title or interest in the Demised Premises. (e) In exercising its rights granted under the licence in this Clause 3.14 the Tenant covenants with the Landlord that: (i) Tenant shall give it will not do or omit to Landlord not less than five (5) days’ prior written notice of its request to have such access to do anything on the Premises, Demised Premises or the Building which notice shall contain and/or shall be accompanied by: (A) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requestedconflicts with or breaches any statutory requirement; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed.and (ii) Such early it will not do or omit to do anything on or at the Demised Premises or the Building which might make void or voidable any insurance policy which has been disclosed to the Tenant affecting the Demised Premises or the Building. (f) The Tenant acknowledges that the Demised Premises and the access shall to the Demised Premises are not secure and the Landlord will have no liability should any unauthorised person obtain access to the Demised Premises. (g) Any works which the Tenant or the Tenant’s Works Contractor(s) carry out to the Demised Premises pursuant to this Clause 3.14 will be subject at the Tenant’s sole risk, and will be carried out strictly in accordance with the terms of Clause 3.14. (h) The Tenant will indemnify the Landlord and keep the Landlord indemnified against all liability for injury to scheduling by Landlord.persons or damage to the Demised Premises and/or the Building and against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability whatsoever arising in any way directly or indirectly from: (i) the provisions of this Clause 3.14; or (ii) from the Early Access Works; or (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas any breach by the Tenant of the Building, or provisions of this Clause 3.14. (i) The licence granted to the general operation Tenant shall terminate on the earlier of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight following: (48i) hours’ prior written notice to Tenant. Any such entry into and occupation the date of determination of this Agreement; (ii) the date of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions completion of the Lease, excluding only ; and (iii) the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions occurrence of Sections 9, 10C and 11 thereof. Landlord shall not be liable for any injury, loss or damage which may occur to any of a Tenant’s work or installations made Default which has been notified in writing to the Tenant and which has not been remedied to the reasonable satisfaction of the Landlord within a reasonable period bearing in mind the nature of the Tenant’s Default. (j) On the termination of the licence granted to it pursuant to this Clause 3.14 (save in the circumstances set out in Clause 3.14(i)(ii): (i) the Tenant will vacate and remove from the Demised Premises or to property placed therein prior its own effects and those belonging to the commencement of the Term, the same being at Tenant’s sole risk contractors, agents and liability. invitees; and (ii) remove from the Demised Premises the materials and equipment used to effect the Early Access Works; and (iii) reinstate the Demised Premises to the condition they were in on the date the Tenant entered the Demised Premises pursuant to the licence set out in this Clause 3.14 to the Landlord’s reasonable satisfaction. (k) Whilst the licence granted to the Tenant pursuant to this Clause 3.14 subsists (whether or not entry is actually taken by the Tenant) the Tenant shall be liable to Landlord for any damage observe and perform the same obligations as are imposed by the covenants and the conditions to be contained in the Lease: (i) as if the Lease had been granted on the day the licence referred to in Clause 3.14(a) took effect; and (ii) provided that sums due from the Tenant to the Premises or to any portion Landlord shall be paid and accepted by way of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra costlicence fee.

Appears in 1 contract

Samples: Lease Agreement (MF Global Holdings Ltd.)

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Early Access. Landlord shall grant to Tenant and Tenant’s agents a license to enter the Premises prior to the Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for Tenant’s use and occupancy. It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (i) Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (A) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including Notwithstanding the provisions of Sections 9, 10C and 11 thereof. Landlord this Clause 3 if by the Target Date FSP shall not be liable have achieved Shell & Core Substantial Completion but in respect of computer areas plant areas and other areas reasonably requested by the Tenant the Base Building Works are complete in accordance with the normal standards applied by architects except for any injury, loss items omitted at the request of the Tenant FSP shall (subject to payment in full by GSPM or damage which may occur the Tenant of FSP's associated costs in accordance with Clause 40 of the Agreement for Lease) facilitate the early access for initial fitting out by GSPM in such areas upon such terms as to access as are set out in clause 16.11 of the Agreement for Lease 4 GSPM INDEMNITY GSPM shall in respect of the Developer's Fit Out Works and without prejudice to any other obligation on its part herein contained keep FSP fully and effectually indemnified (with the intention of Tenant’s work or installations made putting FSP in the same after-tax position it would have been in had the matter giving rise to the indemnification not arisen) against:- 4.1 any breach by GSPM or its servants or agents of the conditions or requirements imposed or implied by the Approvals and any other permission or licence granted (on the application of or on behalf of the Tenant) for or otherwise pursuant to the terms of this Agreement for the execution of the Developer's Fit Out Works; and 4.2 all claims actions damages demands losses expenses costs and other liabilities whatsoever suffered by FSP which arise out of the carrying out of the Developer's Fit Out Works (other than FSP's obligations to make payments under this Agreement); -------------------------------------------------------------------------------- 5 7 and will make good forthwith to the satisfaction of FSP any damage or injury caused by GSPM (or by anyone for whom GSPM is responsible) to the Building or the Demised Premises or to property placed therein prior the Base Building Works any other part of the Development Site or to the commencement property of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or to any portion of Tenant’s Work caused by Tenant FSP or any of Tenant’s employees, agents, contractors, workmen its servants agents licencees or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra costworkmen.

Appears in 1 contract

Samples: Developer's Fit Out Agreement (Goldman Sachs Group Inc)

Early Access. Landlord Provided that (a) any such access does not interfere in any way with any other tenant or subtenant in the Building and (b) Sublessee shall grant obtain Landlord's prior written consent to Tenant such installation, Sublessee shall have access to the common area of the Building to which Sublessor has the right of access under the Master Lease, commencing upon the execution of this Sublease, for the purpose of installing wiring, cabling and Tenant’s agents a license related connection necessary to enter provide T-1 telecommunication capability to the Premises. Provided that (i) no other tenant is in possession of the Premises and (ii) Sublessee has delivered to Sublessor evidence that it has obtained the Required Insurance, Sublessee shall have access to the Premises approximately 10 days prior to the Commencement Date in order that Tenant may do other work required by Tenant (the "FF & E Access Date") for the purpose of furniture systems and telecommunication equipment installation. Such access shall not be deemed to make be taking or accepting possession of the Premises ready for Tenant’s use and occupancyby Sublessee. It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (i) Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (A) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which In any such early access is being requested and the approximate number of individualsby Sublessee, itemized by tradeSublessee, who will be present in the Premises; (C) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, its contractors, workmen, mechanics, suppliers and invitees engineers, space planners or such others as may enter the Premises (collectively, "Sublessee's Contractors"), shall work in harmony with and do not in any way disturb or interfere with Sublessor's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Sublessor's Contractors"), it being understood and agreed that if entry of Sublessee or Sublessee's Contractors would cause, has caused or is causing a material disturbance to Sublessor or Sublessor's Contractors, then Sublessor may, with notice, refuse admittance to Sublessee or Sublessee's Contractors causing such disturbance. Sublessee, Sublessee's Contractors and other agents shall provide Sublessor and Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and Premises damage insurance as Sublessor may reasonably request for its protection. Sublessor and Landlord shall not be liable for any injury, loss or damage to any of Sublessee's installations or decorations made prior to the Commencement Date and not interfere installed by Sublessor. Sublessee shall indemnify and hold harmless Landlord, Sublessor and Sublessor's Contractors from and against any and all costs expenses, claims, liabilities and causes of action arising out of or in connection with Landlord and Landlord’s agents work performed in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant or on behalf of Sublessee (but excluding work performed by Sublessor or Sublessor's Contractors). Sublessor is not responsible for the function and maintenance of Sublessee's improvements which are different than Sublessor's standard improvements at the Premises or improvements, equipment, cabinets or fixtures not installed by Sublessor. Such entry by Sublessee and Sublessee's Contractors pursuant to this Section shall be deemed to be under all of the terms, covenants, provisions and conditions and provisions of the Lease, excluding only Sublease except the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work or installations made in the Premises or to property placed therein prior to the commencement of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or to any portion of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra costRent.

Appears in 1 contract

Samples: Sublease Agreement (Centra Software Inc)

Early Access. Landlord Notwithstanding the provisions of this Clause 16 if by the Target Date the Developer shall grant to not have achieved Shell & Core Substantial Completion but in respect of computer areas plant areas and other areas reasonably requested by the Tenant and Tenant’s agents a license to enter the Premises prior Base Building Works are complete in accordance with the normal standards applied by architects except for items omitted at the request of the Tenant the Developer shall (subject to the Commencement Date Tenant paying in order that full the Developer's associated costs) facilitate the early access for initial Tenant's Fit Out Works by the Tenant may do in such areas upon such terms as to access (other work required by Tenant to make than the Premises ready payment of rent which shall remain as provided for Tenant’s use and occupancy. It in Clause 23.3.4) as shall be a condition to reasonably determined by the grant by Landlord and continued effectiveness of such license that:Developer. Provided that the Tenant will (i) not damage or cause or permit its servants agents or contractors or any other persons to damage the Base Building Works and in particular not to interfere with or permit such persons to interfere with or do or permit to be done by any such persons any act or thing which may adversely affect the carrying out or completion of the Base Building Works (ii) comply in all respects with the reasonable safety requirements of the Developer and provided further that the Developer's liability to pay Liquidated Damages pursuant to the terms of this Agreement shall be reduced by the same proportion which the areas to which the Tenant is allowed early access bear to the total Net Internal Area of the Demised Premises. 17. COMPLETION OF THE FIT OUT WORKS 17.1 INSPECTION, REPRESENTATIONS AND ISSUE OF CERTIFICATE The Tenant shall give to Landlord procure that:- 17.1.1 the Developer shall be given not less than five (5) days’ prior written Working Days' notice of its request the intention of the Fit Out Architects to have such access inspect the Fit Out Works with a view to the Premises, which notice shall contain and/or issue of the Certificate of Completion of Fit Out Works (or any part thereof); 17.1.2 that the Developer and such of its consultants as it may wish shall be accompanied by: (A) a description of and schedule for given the work opportunity to be performed by those persons and entities for whom and which such access is being requested; (B) accompany the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and Fit Out Architects on the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining final inspection prior to the performance issue of the work for which such early access is being requested; Certificate of Completion of Fit Out Works (Dor part thereof) copies of all plans and specifications pertaining to in order that the work for which such access is being requested; Developer may (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which but shall not be unreasonably withheld, conditioned bound to) make whatever representations to the Fit Out Architects which the Developer thinks fit as to whether or delayed. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, Fit Out Works or the general operation of relevant part shall have been practically completed; 17.1.3 the Building. If at any time such entry shall cause or threaten Fit Out Architects will have regard to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Landlord but shall not be liable for bound by) any injury, loss representations made pursuant to Sub-Clause 17.1.2; and 17.1.4 the Tenant shall supply to the Developer a copy of the Certificate of Completion of Fit Out Works or damage which may occur part thereof when issued together with any snagging list and subject to any of Tenant’s work or installations made Clause 17.2 the date specified in the Premises Certificate of Completion of Fit Out Works or part thereof shall be the date of practical completion of the Fit Out Works or the relevant part thereof for the purposes of this Agreement. The Tenant shall procure the prompt and effective remedy of all defects or other items referred to property placed therein prior in any snagging or similar list or schedule to the commencement Certificate of Completion of Fit Out Works and shall keep the Term, the same being at Tenant’s sole risk Developer fully informed and liability. Tenant shall be liable up to Landlord for any damage to the Premises or to any portion of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra costdate in that regard.

Appears in 1 contract

Samples: Agreement for Lease (Goldman Sachs Group Inc)

Early Access. Tenant shall be permitted access (“Early Access”) to at least fifteen percent (15%) of the Premises before July 1, 2017 (“Early Access Date”), as such date may be extended as a result of any Force Majeure Delays or Tenant Delays (provided, that, except for Force Majeure attributable to a regional-wide catastrophic event, the aggregate of all Force Majeure Delays shall not be in excess of thirty (30) days), for the purpose of installation of its furniture, fixtures and equipment, inventory relocation and testing of equipment (“Tenant’s Work”). The Tenant’s Work shall not include the Tenant Improvements. Prior to beginning Tenant’s Work, Tenant shall submit to Landlord: (i) such information as may be reasonably requested by Landlord regarding the nature and location of the Tenant’s Work; and (ii) the names of the separate contractors who will provide and install Tenant’s Work (the “Tenant’s Contractors”). Tenant shall grant to not commence actual construction within the Premises until Tenant and Tenant’s agents Contractors have submitted to Landlord the insurance required by Landlord. All Tenant’s Work shall be constructed in a license good and workmanlike manner and only new and good grades of material shall be used. The Tenant’s Work performed by Tenant’s Contractors shall be allowed only (a) to enter the extent permitted by the applicable Governmental Authorities, including, but not limited to, the issuance of a temporary certificate of occupancy authorizing Tenant to do so if required by the City, provided that the issuance of such certificate by the Early Access Date shall not be the obligation of Landlord, (b) comply with the reasonable and non-discretionary safety requirements of the General Contractor, (c) comply with all Legal Requirements, and (d) comply with the requirements of Article XII hereof. Tenant shall permit Landlord to observe all construction operations within the Premises. No silence or statement by Landlord or any Landlord representative shall be deemed or construed as an assumption by Landlord or any Landlord representative of any responsibility for or in relation to the construction of the Tenant’s Work or any guarantee that the Tenant’s Work completed within the Premises prior complies with laws, is suitable or acceptable to Tenant for Tenant’s intended business purposes or complies with the Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for terms of this Lease. Tenant’s use and occupancy. It occupancy of the Land during the Early Access Period shall (1) be done in a condition manner as to not render Landlord’s or General Contractor’s insurance thereon void or more expensive unless Tenant agrees to pay any increase, (2) be allowed only to the grant extent permitted by Landlord and continued effectiveness the applicable Governmental Authorities, including, but not limited to, the issuance of a temporary certificate of occupancy authorizing Tenant to do so if required by the City, provided that the issuance of such license that: certificate by the Early Access Date shall not be the obligation of Landlord, (i3) be performed in such a manner that will not cause any unreasonable interference with Landlord, General Contractor or any subcontractors or material suppliers, (4) not commence unless insurance of Tenant shall give to Landlord not less than five as required by this Lease has been provided, (5) daysbe at the sole risk and expense of Tenant, (6) comply with the safety requirements of the General Contractor, (7) comply with all Legal Requirements, (8) comply with the requirements of Article XII hereof, and (9) shall be for the sole purpose of performing the Tenant’s Work. Tenant shall indemnify and hold Landlord harmless from and against any and all liens, claims, demands, injuries, damages, reasonable costs and expenses (including also reasonable attorneysprior written notice of its request to have such access fees) and liabilities to the Premises, which notice shall contain and/or shall be accompanied by: (A) extent incurred by or asserted against Landlord or the Premises as a description result of any of early entries pursuant to this Section 4.7. Tenant’s early use and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining to the performance occupancy of the work for which such early access is being requested; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing Land shall also be subject to all the terms and conditions of this Lease, other than the obligation of Tenant to pay Rent. Tenant, at its sole cost and expense, shall file all necessary plans with the appropriate governmental authorities having jurisdiction over Tenant’s Work. Tenant shall be responsible for obtaining all permits, authorizations and approvals necessary to perform and complete Tenant’s Work. Tenant shall not commence Tenant’s Work until the required permits authorizations and approvals for the performance and completion of Tenant’s Work are obtained and delivered to Landlord. Tenant and Tenant’s Contractors shall coordinate access and Tenant’s Work with Landlord in order to prevent any delay or disruption in the on-time completion of the Landlord’s approvalconstruction obligations pursuant to the terms of this Article IV hereof. Tenant shall at all times keep the Premises and adjacent areas free from accumulations of waste materials or rubbish caused by its suppliers, which shall not be unreasonably withheld, conditioned contractors or delayed. (ii) Such early access shall be subject workmen. Landlord reserves the right to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not interfere do clean-up at the expense of Tenant if Tenant fails to comply with Landlord and Landlord’s agents in performing Landlordreasonable cleanup requirements. At the completion of Tenant’s Work, Tenant’s WorkContractors shall forthwith remove all rubbish and all tools, Landlord’s work in other premises equipment and in common areas of surplus materials from and about the Building, or the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to TenantPremises. Any such entry into and occupation of the Premises damage caused by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the provisions of Sections 9, 10C and 11 thereof. Landlord shall not be liable for any injury, loss or damage which may occur Tenant’s Contractors to any portion of Tenant’s work or installations made in the Premises or to property placed therein prior to the commencement of the Term, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or to any portion property of Landlord shall be repaired forthwith by Tenant at its expense to the condition prior to such damage. Tenant and Tenant’s Contractors shall assume responsibility for the prevention of accidents and shall take all reasonable safety precautions with respect to Tenant’s Work caused and shall comply with all reasonable safety measures initiated by Landlord and with all Legal Requirement applicable to Tenant’s Work including those of any public authority for the safety of persons or property. Tenant shall advise Tenant’s Contractors to report to Landlord any injury to any of its agents or employees and shall furnish Landlord a copy of the accident report filed with its insurance carrier within three (3) days of its occurrence. Tenant shall procure and maintain or cause Tenant’s Contractors to maintain the kinds and amounts of insurance as reasonably required by Landlord and otherwise in accordance with the requirements set forth in Article IX of this Lease. Prior to the commencement of any construction activity on the Premises, certificates evidencing such insurance required herein shall be delivered to Landlord. Such policies shall be renewed and new certificates shall be deposited with Landlord at least thirty (30) days prior to the expiration of the existing policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord and shall name Landlord as an additional insured and loss payee as its interests may appear and shall provide that they may not be terminated or materially modified without thirty (30) days’ advance written notice to Landlord. The minimum limits of insurance shall not limit or diminish Tenant’s liability under the Lease. The failure of Landlord to obtain such evidence from Tenant or Tenant’s Contractors before permitting construction to commence shall not be deemed to be a waiver by Landlord of any requirement herein, and Tenant shall remain under continuing obligation to maintain and cause Tenant’s Contractors to maintain the specified insurance coverage. Any and all deductibles on referenced insurance coverages shall be borne by Tenant and, if applicable, Tenant’s Contractors. Tenant expressly understands and agrees that any insurance maintained by Landlord shall apply in excess of and not contribute with insurance provided by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra costContractors.

Appears in 1 contract

Samples: Lease (5.11 Abr Corp.)

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