Common use of Early Access Clause in Contracts

Early Access. Sublessor will allow Sublessee access to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Date.

Appears in 2 contracts

Samples: Gossamer Bio, Inc., Gossamer Bio, Inc.

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Early Access. Sublessor will Landlord shall allow Sublessee Tenant early access to the Remainder Space Premises approximately forty five (except 45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for Suite 150) from any and after all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the Vivarium Commencement Date and continuing through date that Landlord delivers written notice of the Expansion commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date, . The purpose of Tenant’s early access is only for Tenant to install racking and will allow Sublessee other improvements and for no other purpose. Tenant’s early access to Suite 150 from the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and after November 1Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, 2018 Landlord shall have the right to immediately terminate Tenant’s early access rights and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor time lost due to such items interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the extent required by Commencement Date. Tenant shall access the Master Lease or this Sublease)Premises during the period of early access at Tenant’s sole risk. Sublessee Landlord shall not be obligated liable for any destruction, theft, vandalism or any other damage to pay any Base Rent personal property placed, kept or Operating Expenses stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of the Premises for the Remainder Space during Permitted Uses. The early access period shall end upon the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as occurrence of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use Commencement Date defined in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateSection 1.04.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Early Access. Sublessor will allow Sublessee Depending on the progress of the construction of the Tenant Improvements, Tenant shall be given access to the Remainder Space Leased Premises up to two (except for Suite 1502) from and after weeks prior to the Vivarium Term Commencement Date in order for Tenant to install Tenant’s furniture, trade fixtures, equipment, telephone networks and continuing computer networks, and to perform general set-up for Tenant’s business operations. From the date Tenant is given early access to the Leased Premises as set forth above through the Expansion Term Commencement Date, and will allow Sublessee access Tenant shall be subject to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as all of the first day Sublessee accesses covenants in the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder SpaceLease, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublesseeexcept that Tenant’s obligation to pay utility costs). Notwithstanding Rent shall commence in accordance with the foregoing, in the event that Sublessor has not tendered delivery Basic Lease Information sheet of the Remainder Space Lease; provided, however, (i) Tenant shall not enter the Leased Premises unless they are accompanied by a person designated by Landlord, if required by Landlord, and Tenant shall provide to Sublessee on Landlord at least 24 hours prior written notice prior to such entry, (ii) Tenant shall exercise such right of access in a manner that comports with the requirements of all relevant insurance policies, (iii) Tenant (and Xxxxxx’s contractors, vendors, agents, and employees) shall not disrupt or before November 1, 2018 (delay the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery construction of the Remainder SpaceTenant Improvements, which abatement and (iv) Tenant (and Tenant’s contractors, vendors, agents, and employees) shall be applied in no event give directions to (or otherwise interfere with) the monthly Base Rent otherwise payable for Contractor or others performing the first (1st) month after Tenant Improvements. Tenant shall indemnify and hold the Expansion Commencement Date.Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with any early access of Tenant. EXHIBIT B-I TENANT’S PLANS EXHIBIT C CONFIRMATION OF TERM OF LEASE This Confirmation of Term of Lease is made by and between MACH II 180 LLC, a Delaware limited liability company, as Landlord, and MARQETA, INC. a Delaware corporation as Tenant, who agree as follows:

Appears in 2 contracts

Samples: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)

Early Access. Sublessor will Sublandlord agrees to cooperate with Subtenant to allow Sublessee Subtenant access to the Remainder Space (except for Suite 150) Initial Premises from and after the Vivarium Commencement day following the Consent Date to the Delivery Date and continuing through deliver exclusive possession of the Expansion Commencement Initial Premises, including the Data Room (but excluding the Lab Space), on the Delivery Date, for design and will allow Sublessee access to Suite 150 from construction purposes and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose purposes of performing any initial improvements and the installation of furniture, fixtures, fixtures and equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain preparing the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses Initial Premises for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 occupancy (the “Outside DateEarly Access Activities”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive provided that Subtenant has first given Sublandlord at least one (1) day business day’s prior notice of any such access (for access prior to the Delivery Date only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access (a) shall be solely for the Early Access Activities and not for the purposes of occupancy or possession of the Initial Premises, or of conducting business therein, and (b) shall be subject to and upon all the terms and conditions of this Sublease (including without limitation Section 11 hereof), except that Subtenant shall have no obligation to pay Base Rent abatement or Additional Rent for each day after the Outside Date period prior to the Initial Premises Commencement Date; provided, however, that if Subtenant’s pursuit of the Early Access Activities causes an increase of more than ten percent (10%) in the cost of utilities (including without limitation water, electricity, heat or air conditioning) allocable to the Initial Premises on a square-foot basis (as extendedcompared to the average cost for such utilities over the prior three (3) until months), Subtenant shall reimburse Sublandlord for such increase in the date Sublessor tenders delivery cost of the Remainder Spaceutilities within thirty (30) days following Sublandlord’s presentation of an invoice therefor (including reasonable supporting documentation), which abatement invoice shall be applied presented to Subtenant within fifteen (15) days following each month of such Early Access Activities. The Early Access Activities shall be performed between the monthly Base Rent otherwise payable for hours of 6:00 a.m. and 5:00 p.m. on business days, and shall be coordinated with Sublandlord. Subtenant’s early access shall not affect or alter the first (1st) month after Initial Premises Commencement Date, the Expansion Premises Commencement Date, the Expiration Date, or the Term.

Appears in 2 contracts

Samples: Sublease (Sutro Biopharma, Inc.), Sublease (Five Prime Therapeutics, Inc.)

Early Access. Sublessor will allow Sublessee 5.3.1 If Tenant elects to use Landlord’s Contractor to construct the Tenant Improvements, Tenant and its authorized agents, employees and contractors shall, at all reasonable times during the thirty (30) day period prior to the Turnover Date for each floor as set forth in Article 5.1.2, have the right, at Tenant’s and Tenant’s agents’, employees’ and contractors’ own risk, expense and responsibility, to have access to such floor or space solely for the Remainder Space (except purpose of preparing such floor for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Tenant’s Open for Business Date, subject to all applicable laws, ordinances, regulations, covenants and will allow Sublessee access to Suite 150 restrictions from any governmental authorities, and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee in so doing Tenant shall not unreasonably interfere with or delay the Base Building Work or Tenant Improvements to be obligated to pay performed by Landlord’s Contractor within such phase or floor or within any Base Rent or Operating Expenses for other floors within the Remainder Space during the Early Access PeriodBuilding. In connection with Tenant’s early access rights, but will be responsible for the payment of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee Landlord covenants and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure agrees to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding Tenant and its authorized agents, employees and contractors with access (i) within the foregoingBuilding through such Building Commons Areas, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure hallways, loading docks and elevators within the Building as are reasonably necessary to provide proof gain access to and from any floor delivered to Tenant pursuant to this Article 5 and (ii) to and from the Building over and across the Project Common Areas to any and all public rights of insuranceway sufficient for Tenant to construct the Demised Premises, such access rights being granted for the purposes of allowing Tenant to (A) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery complete construction of the Remainder SpaceTenant Improvements, which abatement if applicable, (B) prepare to begin its beneficial interest in the Demised Premises, i.e., to open for business, and (C) obtain necessary temporary or permanent certificates of occupancy. Subject to the waivers of subrogation set forth in Article 17, if, upon Tenant’s use of any such Building Common Areas or Project Common Areas, such Building Common Areas or Project Common Areas are damaged in any way by Tenant or its authorized agents, employees or contractors, Tenant shall be applied to the monthly Base Rent otherwise payable responsible for the first (1st) month after the Expansion Commencement Dateand diligently repair any such damage as soon as practical.

Appears in 2 contracts

Samples: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)

Early Access. Sublessor will allow Sublessee Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Remainder Space Premises on the latest to occur of (except for Suite 150i) from the first (1st) Business Day following the date of mutual execution and after delivery of this Lease, (ii) the Vivarium Commencement first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continuing continue through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through date immediately preceding the Expansion Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of performing installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any initial improvements loss or damage thereto from any cause whatsoever. Such early access and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required by the Master under this Lease. The provisions of Sections 8(a) and 11 of this Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space apply in full during the Early Access Period, but will be responsible for and Tenant shall (x) provide certificates of insurance evidencing the payment existence and amounts of utilities for liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early access, and (y) comply with all Laws applicable to such early access work in the Remainder Space commencing as Premises. If Landlord reasonably determines that Tenant’s early access is interfering in any material way with Landlord’s ability to deliver possession of the first day Sublessee accesses Premises in the Remainder Space. Utility costs for condition required under this Lease and/or to complete the Remainder Space Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateany liability.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Early Access. Sublessor Tenant shall have the right to enter the Premises 15 days prior to the Commencement Date for the purpose of installing Tenant’s computer and telephone cabling, fixtures, furniture, and equipment provided that (a) such entry will allow Sublessee not delay or hamper the completion of the Tenant Improvements, (b) Tenant and its vendors and contractors have obtained all governmentally required permits separate from any permits obtained by Landlord as to work to be performed by Landlord, if any, (c) Landlord may revoke or restrict Tenant’s or its contractors’ early access to the Remainder Space Premises if such access interferes with, hampers, or prevents completion of the Tenant Improvements at the earliest possible date, (except for Suite 150d) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee Tenant’s access to Suite 150 from the Premises shall be subject to all of the terms and after November 1provisions of the Lease, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment or other leasehold improvements including but not limited except as to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities Rent, (e) any entry by Tenant in the Premises prior to the Commencement Date shall be at Tenant’s sole risk and subject to Tenant coordination with Landlord’s project or property manager, and (f) all work by Tenant’s contractors is subject to the administrative supervision of Landlord and its contractor. Landlord assumes no responsibility or liability for injury to persons or damage to property caused by the Tenant’s exercise of the rights and privileges granted in this paragraph, and Tenant shall indemnify, defends, and hold Landlord harmless from and against any loss, cost, damage, liability, or expense suffered or incurred by Landlord as a result thereof. Tenant shall adopt a schedule for its work in conformance with Landlord’s schedule for the Remainder Space commencing Tenant Improvements and shall conduct its work in such a manner as of the first day Sublessee accesses the Remainder Spaceto maintain harmonious labor relations. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation All delays to the total rentable area of the Remainder Space, as reasonably determined Tenant Improvements caused by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect SublesseeTenant’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date early access shall be extended on deemed a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateTenant Delay under this Lease.

Appears in 1 contract

Samples: Office Lease (Direct Insite Corp)

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Early Access. Sublessor will allow Sublessee Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises during the period, if any, commencing on the Effective Date and ending on the day immediately preceding the Commencement Date (the date upon which Subtenant first has such access to the Remainder Space (except for Suite 150) from and after Subleased Premises being referred to herein as the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access PeriodDate”) for the sole purpose purposes of performing any initial improvements and construction of Subtenant Alterations (defined in Section 15.2 below), installation of Subtenant’s personal property and the testing of equipment, furniture, fixturesfixtures and voice and data cabling, equipment or other leasehold improvements including but not limited to telephones, computer wiring and networking cable (provided that Sublessee will obtain the prior consent of Lessor and Sublessor to such items all subject to the extent required by the Master Lease or terms, conditions and requirements of this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible for the payment of utilities for the Remainder Space commencing as All of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee rights and Sublessor based upon the approximate rentable area obligations of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the parties under this Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublesseeother than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility costs). Notwithstanding charges, Subtenant’s obligation to carry insurance, Subtenant’s indemnification obligations, and/or Subtenant’s liability for damages, costs and expenses incurred by Sublandlord by reason of any default by Subtenant or failure on Subtenant’s part to comply with the foregoingterms of this Sublease) shall commence upon the Early Access Date, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date and Subtenant shall be extended on a day deemed to occupy the Subleased Premises from and after the Early Access Date. Subtenant shall be liable for day basis by delays any damages to the Subleased Premises caused by SublesseeSubtenant’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day activities at the Subleased Premises from and after the Outside Early Access Date (as extended) until and, prior to entering the date Sublessor tenders delivery Subleased Premises, Subtenant shall obtain all insurance it is required to obtain hereunder and shall provide certificates of the Remainder Spacesuch insurance to Sublandlord. Subtenant shall coordinate such entry with Sublandlord, which abatement and such entry shall be applied made in compliance with all terms and conditions of this Sublease, the Master Lease and the rules and regulations attached to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement DateMaster Lease.

Appears in 1 contract

Samples: Commencement Agreement (Guidewire Software, Inc.)

Early Access. Sublessor will allow Sublessee access Tenant shall be permitted to enter the Premises prior to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant’s entry into the sole Premises during the Early Access Period shall be subject to and conditioned upon (i) Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, (ii) Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, (iii) Tenant having obtained any and all governmental approvals required for such access, and (iv) Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of performing attempting to avoid any initial improvements delay in the Commencement Date shall be deemed reasonable). Such access and the installation of such cabling, security system, furniture, fixturesfixtures and equipment shall also be subject to all of the terms and conditions of this Lease, equipment or other leasehold improvements including but including, without limitation, the provisions of Sections 17, 20 and 22; provided, however, that so long as Tenant does not limited to telephonescommence the operation of business from the Premises, computer wiring and networking cable (provided that Sublessee Tenant will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Monthly Basic Rent or Operating Expenses Excess Rent during the Early Access Period,. In no event shall Tenant or Tenant’s employees, agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the nature of such interference, Landlord shall have the right to terminate Tenant’s access. Such access shall not advance the Termination Date. Other than with respect to the gross negligence of Landlord or Landlord’s contractors or agents (but in no event shall Landlord be liable for any loss of business, loss of profits or other consequential damages), Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during the Remainder Space Early Access Period. Landlord makes no representation or warranty about safety of the Premises during the Early Access Period, but will as construction and other activities may be responsible for the payment of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateongoing.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Early Access. Sublessor will allow Sublessee access Tenant shall be permitted to enter the Premises prior to the Remainder Space (except for Suite 150) from and after the Vivarium Commencement Date and continuing through the Expansion Commencement Date, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant’s entry into the sole Premises during the Early Access Period shall be subject to and conditioned upon Tenant’s coordination of such entry with Landlord and Landlord’s general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord with the purpose of performing attempting to avoid any initial improvements delay in the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures, fixtures and equipment or other leasehold improvements including but not limited shall be subject to telephones, computer wiring all of the terms and networking cable (provided that Sublessee conditions of this Lease. Tenant will obtain the prior consent of Lessor and Sublessor to such items to the extent required by the Master Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space rent during the Early Access Period. In no event shall Tenant or Tenant’s employees, but will be responsible for agents, consultants, contractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and if Tenant fails to cease such interference promptly after notice from Landlord specifying the payment nature of utilities for the Remainder Space commencing as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space during the Early Access Period will be pro-rated between Sublessee and Sublessor based upon the approximate rentable area of the Remainder Space each party has such interference, Landlord shall have the right to use in relation terminate Tenant’s early access. Other than with respect to the total rentable area gross negligence of Landlord or Landlord’s agents, Tenant hereby releases and discharges Landlord and Landlord’s employees, agents, consultants, contractors and manager from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during such period of early access. Landlord makes no representation or warranty about safety of the Remainder SpacePremises during any period of early access, as reasonably determined by Sublessor. Sublessee will not construction and other activities may be permitted to enter the Remainder Space unless and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions (including, without limitation, failure to provide proof of insurance) or Force Majeure events, then as Sublessee’s sole remedy, Sublessee shall receive one (1) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery of the Remainder Space, which abatement shall be applied to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateongoing.

Appears in 1 contract

Samples: Office Lease (Zogenix, Inc.)

Early Access. Sublessor will allow Sublessee access Subject to the Remainder Space (except for Suite 150) following provisions of this Section 3.3, Tenant shall have the right to enter the Premises from and after the Vivarium Commencement Effective Date solely for purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and continuing through special equipments (but not to operate Tenant’s business), and such early entry for such purposes shall not constitute occupancy for operation of Tenant’s business and shall not trigger the Expansion Lease Commencement Date. Tenant agrees (a) any such early entry by Tenant shall be at Tenant’s sole risk, and will allow Sublessee access to Suite 150 from and after November 1, 2018 and continuing through the Expansion Commencement Date (“Early Access Period”b) for the sole purpose of performing any initial improvements and installation of furniture, fixtures, equipment Tenant shall not unreasonably interfere with Landlord or other leasehold improvements including but not limited to telephonestenants in the Building or the Building Park, computer wiring (c) Tenant shall comply with and networking cable (provided that Sublessee will obtain the prior consent be bound by all provisions of Lessor and Sublessor to such items to the extent required by the Master this Lease or this Sublease). Sublessee shall not be obligated to pay any Base Rent or Operating Expenses for the Remainder Space during the Early Access Period, but will be responsible period of any such early entry except for the payment of utilities Base Rent and Tenant’s Pro Rata Share of Operating Expenses, (d) prior to entry upon the Premises by Tenant and subject to Section 13.4, Tenant agrees to pay for and provide to Landlord certificates evidencing the Remainder Space commencing existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (e) Tenant and its agents and contractors agree to comply with all Laws (as of the first day Sublessee accesses the Remainder Space. Utility costs for the Remainder Space defined below) required to perform its work during the Early Access Period will be pro-rated between Sublessee early entry on the Premises, and Sublessor based upon (f) Tenant agrees to indemnify, protect, defend (with counsel selected by Landlord) and save the approximate rentable area Indemnitees (as defined below) and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of the Remainder Space each party has the right to use in relation to the total rentable area of the Remainder Space, as reasonably determined by Sublessor. Sublessee will not be permitted to enter the Remainder Space unless action and until it provides proof of insurance meeting the requirements of the Sublease applicable to the Remainder Space (but failure to provide proof of insurance will not affect Sublessee’s obligation to pay utility costs). Notwithstanding the foregoing, in the event that Sublessor has not tendered delivery of the Remainder Space to Sublessee on or before November 1, 2018 (the “Outside Date”), which date shall be extended on a day for day basis by delays caused by Sublessee’s acts or omissions claims (including, without limitation, failure to provide proof of insuranceattorneys’ fees and legal costs) or Force Majeure events(collectively, then as Sublessee’s sole remedy, Sublessee shall receive one (1“Claims”) day of Base Rent abatement for each day after the Outside Date (as extended) until the date Sublessor tenders delivery arising out of the Remainder Spaceearly entry, which abatement shall be applied use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors, except to the monthly Base Rent otherwise payable for the first (1st) month after the Expansion Commencement Dateextent such Claims arise out Landlord’s gross negligence or willful misconduct.

Appears in 1 contract

Samples: Lease Agreement (Smart Move, Inc.)

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