Common use of Early Access Clause in Contracts

Early Access. Notwithstanding anything herein to the contrary, Subtenant shall have the right to access the Premises from and after February 15, 2019 (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are in full force and effect, (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Base Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Revolution Medicines, Inc.)

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Early Access. Notwithstanding anything herein Prior to the contraryCommencement Date of this Sublease (but after the Master Landlord has consented in writing to this Sublease). Subtenant shall have access to the Sublet Premises and the Building Common Areas and Roof Area to prepare the Sublet Space for occupancy (i.e., installing furniture, fixtures and equipment, telecommunications equipment and storing tiles). In particular, Sublandlord shall vacate the portion of the Sublet Premises designated as area "A" in the Floor Plan, and with the exception of the Improvements and the FF&E (hereinafter defined), such area shall be cleared of all persons and personal property, and following the execution and delivery of this Sublease by the parties, Sublandlord shall allow Subtenant to occupy such area, within 2 business days after the execution and delivery of this Sublease by Sublandlord and Subtenant, for the purpose of commencing improvements and preparing such space for occupancy. If Subtenant occupies the Sublet Premises before the Commencement Date for any use other than construction of Subtenant's improvements thereto or staging Subtenant's personal property in the Sublet Premises, Subtenant shall have the right to access the Premises from and after February 15, 2019 be liable (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are in full force and effect, (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation period commencing on the date of such early access to pay Base Rent, which shall commence on the Commencement Date, subject ) for its share of the cost of utilities enjoyed by Subtenant during that period as reasonably determined by Sublandlord pursuant to the invoices and other and further provisions of this Subleasesupporting documentation submitted to Subtenant. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s Any ear]y access and safety controls and shall not interfere with any decommissioning activities give rise to a right of possession in Subtenant's favor unless and until the Premisescondition precedent described in Section 4 below has been met.

Appears in 1 contract

Samples: American Technology Corp /De/

Early Access. Provided that Master Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall have early access to Subleased Premises up to [***] prior to the Commencement Date but in all events by not later than [***] (the “Early Access Date”) for the sole purpose of installing furniture, fixtures and equipment (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations to the Subleased Premises, at no additional charge to Subtenant. Subtenant’s access shall be subject to all the terms and conditions of this Sublease, except the payment of Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than the Early Access Date or the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything herein in Section 1.2 of this Sublease to the contrary, Subtenant shall have be responsible to repair or replace any damage caused to the right to access the Subleased Premises from and after February 15, 2019 (“Subtenant’s Early Access”); provided that each by Subtenant or any of the following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that Parties during the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are in full force and effect, (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s foregoing Early Access shall be on all period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of the terms set forth in this Sublease, except Credit for the obligation to pay Base Rent, which shall commence on the Commencement Date, subject to the other and further provisions purposes of this Sublease. Subtenant’s Early Access shall be for Section 2.2 until Sublandlord delivers the sole purpose Sublandlord Letter of preparing Credit or the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Premisessubsequent amendment thereto.

Appears in 1 contract

Samples: Sublease Agreement (Toast, Inc.)

Early Access. Notwithstanding anything herein Subject to the contraryterms herein and Tenant’s compliance with all applicable Laws, Subtenant Tenant shall have reasonable access to the right to access the Substitution Premises from and after February 15, 2019 (“Subtenant’s Early Access”)) during: (i) completion of the Substitution Premises Leasehold Improvements to coordinate installation of Tenant’s cabling and wiring; and (ii) the 2-week period prior to Substantial Completion to coordinate installation of Tenant’s Equipment; provided that each in any such case Tenant’s Early Access does not interfere with, or delay completion of the following have occurred: (a) Subtenant Substitution Premises Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall have delivered be fully responsible for all costs related to Sublandlord certificates evidencing that Early Access. All insurance, waiver, indemnity, and alteration provisions of the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are shall be in full force and effecteffect during Early Access. Tenant shall ensure that its phone/data, (b) security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Master Substitution Premises Leasehold Improvements so as not to delay completion of the Substitution Premises 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 have consented comply with Landlord’s instructions and directions so that Tenant’s early entry does not interfere with or delay any work to this Sublease and Subtenant’s be performed by Landlord. Any delay resulting from Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenantincluding without limitation due to a Tenant vendor’s Early Access shall be on all of the terms set forth in this Subleasework delaying Landlord’s ability to obtain its permits, except for the obligation to pay Base Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Premisesa Tenant Delay.

Appears in 1 contract

Samples: Lease (Marinus Pharmaceuticals Inc)

Early Access. Notwithstanding anything herein When, in Landlord’s reasonable judgment, Xxxxxxxx’s Work with respect to the contrary, Subtenant shall have the right to access portion of the Premises not currently occupied by Xxxxxx has proceeded to a point where Tenant may install wires, cables, furniture, fixtures and equipment (“Tenant’s Work”) therein without interfering with the performance of the Landlord’s Work, Landlord shall so notify Tenant and, from and after February 15such date of notification, 2019 (“SubtenantTenant and its contractors shall have access to the such area solely for the purposes of performing the Tenant’s Early Access”); provided that each of the following have occurred: Work. In connection with such access, Xxxxxx agrees (a) Subtenant to cease promptly upon notice from Landlord any Tenant’s Work which has not been approved by Landlord or is not in compliance with the provisions of the Lease or which shall have delivered to Sublandlord certificates evidencing that interfere with or delay the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease performance of Landlord’s Work, and this Sublease have been procured and are in full force and effect, (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Master Landlord shall have consented to this Sublease and SubtenantLandlord’s Early Access, and (c) Sublandlord shall have received Work the executed GuarantyTenant’s Work. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Base Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access Such access by Tenant shall be subject to Sublandlordall of the applicable provisions of the Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any rent, and (y) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s access and safety controls right of access. Landlord shall assume no responsibility for the quality or completion of the Tenant Work under this Section, and shall not interfere with any decommissioning activities in the Premises.be responsible for equipment or supplies of Tenant or Tenant’s contractors. SCHEDULE 1

Appears in 1 contract

Samples: Lease Agreement (Healthequity Inc)

Early Access. Notwithstanding the foregoing, provided Subtenant has delivered to Sublandlord the Security Deposit and prepaid rent as required herein, commencing on (the “Early Access Date”) the later of (i) the Effective Date and (ii) the date Prime Landlord delivers its written consent to this Sublease, Subtenant shall have the right, at Subtenant’s own risk and expense, to access the Subleased Premises to install furniture, fixtures, cable/wiring and equipment and to otherwise prepare the Subleased Premises for occupancy, but not to conduct business; provided, however, that in all events, Subtenant’s access to and use of the Subleased Premises prior to the Commencement Date shall nevertheless be subject to all of the terms and conditions of this Sublease (except the payment of Rent), including (1) Subtenant shall have obtained and provided to Sublandlord evidence of the insurance required under this Sublease, and its contractors and vendors shall have obtained such liability, workmen’s compensation and other insurance as is reasonably acceptable to Sublandlord and Prime Landlord and as may be required by any governmental entities; (2) any alterations or modifications shall be performed in accordance with Article 8 of the Prime Lease; (3) during such early access, Subtenant shall not materially interfere with Sublandlord’s occupancy of the Premises; and (4) notwithstanding anything herein to the contrary, Subtenant shall have the right to access the Premises from and after February 15the Early Access Date, 2019 (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that be responsible for janitorial and electricity costs for the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are Subleased Premises in full force and effect, (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s Early Access shall be on all of accordance with the terms set forth in this Sublease, except for the obligation to pay Base Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Ventyx Biosciences, Inc.)

Early Access. Notwithstanding anything herein the foregoing, Sublandlord shall provide Subtenant with early access to the contrary, Subtenant shall have the right to access the Premises from and after February 15the Landlord Consent Date though the Commencement Date (the “Early Access Period”). During the Early Access Period, 2019 (“Subtenant may use the Premises for purposes of establishing telecommunications connectivity, installing furniture, fixtures and equipment, and otherwise preparing the Premises for Subtenant’s use and occupancy. During the Early Access”); provided that each of the following have occurred: (a) Access Period, Subtenant shall have delivered to not unreasonably interfere with any work being performed within the Building by Sublandlord certificates evidencing that the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and terms of this Sublease. All provisions of this Sublease have been procured and are in full force and effectshall apply during the Early Access Period, (b) the Master Landlord except that Tenant shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the no obligation to pay Base RentRent or Direct Expense Share (defined below) until the Commencement Date. During the Early Access Period, Subtenant shall pay the costs for utilities to the Premises, which shall commence on the Commencement Date, subject be paid by Subtenant directly to the other and further provisions of this Subleaserespective utility providers. Subtenant’s Early Access shall be for Notwithstanding anything to the sole purpose of preparing the Premises for occupancycontrary herein, and if Subtenant shall commence commences business operations in the Premises then during the Early Access Period (as opposed to using the Early Access Period to prepare the Premises for Subtenant’s use and occupancy), the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision occur and all of the terms and conditions of this Sublease. Subtenant’s Early Access Sublease shall be subject apply including the obligation to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Premisespay all Rent.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

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Early Access. Notwithstanding anything herein to After the contrary, Subtenant shall have the right to access the Premises from and after February 15, 2019 (“Subtenant’s Early Access”); provided that each full execution of the following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are in full force and effect, (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except the Sublessee shall be permitted to have reasonable access to the Subleased Premises for the obligation purposes of taking measurements and for the preparation of construction and/or as-built drawings, but the Sublessee shall not be permitted to pay Base Rent, which do or cause any construction and the Sublessee shall commence on not be permitted to move or cause to be moved any of its property into the Subleased Premises until the Commencement Date, subject except for minor tools and equipment necessary in the preparation of the construction and/or as-built drawings, provided that such property is upon the Subleased Premises at the sole risk of the Sublessee and the Sublessor shall have no liability with respect to damage or loss thereof. Prior to such entry, the Sublessee shall provide to the other and further provisions Sublessor a certificate of insurance to evidence that the liability insurance required by this Sublease. Subtenant’s Early Access shall Sublease is in effect, the remaining insurance to be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence business operations in the Premises then effect on or before the Commencement Date Date. It is understood, however, that the Sublessee shall not be deemed given keys to have automatically occurred notwithstanding any other provision of this Subleasethe Subleased Premises until the Commencement Date. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and The Sublessee shall not interfere with the Sublessor’s activities upon the Subleased Premises. The Sublessor shall not have any decommissioning activities liability to the Sublessee in connection with such access, the PremisesSublessor shall not be liable for any injury to persons entering the Subleased Premises by, through or under the Sublessee or property brought by said persons, and the Sublessee shall indemnify and hold harmless the Sublessor with respect to any such liability.

Appears in 1 contract

Samples: Deed of Lease Agreement (American Bank Note Holographics Inc)

Early Access. Notwithstanding anything herein to the contrary, Subtenant shall have the right to access the Premises from and after February 15, 2019 (“Subtenant’s Early Access”); provided Provided that each of the following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are Lessor has consented in full force and effect, (b) the Master Landlord shall have consented writing ------------ to this Sublease and Subtenant’s Early AccessSublessor has vacated fully the Subleased Premises, the date of which vacation shall occur not later than March 1, 2002, Sublessee shall have the right, prior to the Commencement Date, to enter onto the Subleased Premises solely for the purposes of installing Sublessee's furniture, trade fixtures and equipment therein and planning its occupancy of the Subleased Premises. Prior to March 1, 2002, but subject to having obtained Master Lessor's consent to this Sublease, Sublessee, upon forty-eight (48) hours' prior notice to Sublessor, may request entry into the Premises for the foregoing purposes during non-business hours or such other periods as reasonably may be acceptable to Sublessor, and (c) Sublandlord Sublessor's consent to Sublessee's request for such early entry shall have received the executed Guarantynot be unreasonably withheld. Subtenant’s Early Access Such early access shall be on all of the terms set forth in and conditions of this Sublease, except for the obligation that Sublessee shall not be required to pay Base Rent, which shall commence on Rent hereunder until the Commencement Date. Notwithstanding the foregoing, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence Sublessee commences doing business operations in the Premises then during the early access period, the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities the date on which Sublessee commenced doing business in the Subleased Premises.

Appears in 1 contract

Samples: Pumatech Inc

Early Access. Notwithstanding anything herein to the contrary, Subtenant shall have the right to access the Premises from and after February 15, 2019 (“Subtenant’s Early Access”); provided Provided that each of the following have occurred: (a) Subtenant shall have delivered to Sublandlord certificates evidencing that the insurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are Lessor has consented in full force and effect, (b) the Master Landlord shall have consented writing to this Sublease and SubtenantSublessor has vacated fully the Subleased Premises, the date of which vacation shall occur not later than March l, 2002, Sublessee shall have the right, prior to the Commencement Date, to enter onto the Subleased Premises solely for the purposes of installing Sublessee’s Early Accessfurniture, trade fixtures and equipment therein and planning its occupancy of the Subleased Premises. Prior to March l, 2002, but subject to having obtained Master Lessor’s consent to this Sublease, Sublessee, upon forty-eight (48) hours’ prior notice to Sublessor, may request entry into the Premises for the foregoing purposes during non-business hours or such other periods as reasonably may be acceptable to Sublessor, and (c) Sublandlord Sublessor’s consent to Sublessee’s request for such early entry shall have received the executed Guarantynot be unreasonably withheld. Subtenant’s Early Access Such early access shall be on all of the terms set forth in and conditions of this Sublease, except for the obligation that Sublessee shall not be required to pay Base Rent, which shall commence on Rent hereunder until the Commencement Date. Notwithstanding the foregoing, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of preparing the Premises for occupancy, and if Subtenant shall commence Sublessee commences doing business operations in the Premises then during the early access period, the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities the date on which Sublessee commenced doing business in the Subleased Premises.

Appears in 1 contract

Samples: Industrial Space Lease (Alphasmart Inc)

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