Common use of Early Access Clause in Contracts

Early Access. So long as Landlord has received from Tenant (i) the first month’s Base Rent due pursuant to Section 3 of this Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access to the Premises no less than fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease, except that Tenant shall not be obligated to pay Rent during the Early Access Period until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of the Tenant Improvements in the Premises. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the Premises until the Tenant Improvements are substantially completed, in which event Tenant shall promptly surrender any keys or other means of access to the Premises and otherwise comply with such denial.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

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Early Access. So long as Landlord has received from Tenant shall grant Tenant, at no cost to Tenant, (a) access to all portions of the 10th Amendment Expansion Premises, except the 777-02 Premises, the 765 Expansion Premises III and the Additional 01 Premises, within thirty (30) days after the Execution Date, (b) access to the Additional 01 Premises on the Execution Date (c) access to the 765 Expansion Premises III upon substantial completion of the 765 Expansion Premises III Landlord Work and (d) access to the 777-02 Premises on the later of (i) five (5) business days after the first month’s Base Rent due pursuant to Section 3 last Vacating Tenant vacates the applicable portion of this Lease, the 777-02 Premises and (ii) certificates and endorsements reasonably satisfactory the date that is three (3) months after the Execution Date, in each case in order for Tenant to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion commence construction of the applicable Tenant Improvements, Landlord shall permit Tenant Work and Tenant’s designated contractors access to the Premises no less than fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be in each case subject to all terms extension as a result of Force Majeure and conditions of this Lease, except that Tenant Delay. Landlord and Tenant shall not be obligated to pay Rent during the Early Access Period until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to reasonably cooperate with Landlord during the period of any such early access each other so as not to interfere with impede the other’s work on the Landlord in the completion of Work or the Tenant Improvements in Work, as applicable. In the Premises. Should event that Landlord reasonably determine does not permit Tenant such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the entire 777-02 Premises until by April 1, 2013, subject to extension as a result of Force Majeure and Tenant Delay (the “Vacating Tenant Improvements are substantially completedDeadline”), then the 777-02 Premises Basic Annual Rent Commencement Date shall be extended by one day for every day after the Vacating Tenant Deadline that access has not been provided. For the avoidance of doubt, the Basic Annual Rent commencement extension described in which event Tenant this Section shall promptly surrender be in addition to (and not in lieu of) any keys or other means of access to the Premises and otherwise comply with such denialBasic Annual Rent commencement extension described in Section 6.1(a) hereof.

Appears in 1 contract

Samples: Lease (Regeneron Pharmaceuticals Inc)

Early Access. So long as Landlord has received Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from Tenant (i) the first monthCity of Irvine, Tenant’s Base Rent payment of all deposits due pursuant to Section 3 of this Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing under the insurance required to be carried by Tenant under this Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the Premises consisting of approximately 30,562 rentable square feet as shown on the Exhibit A-1 attached to the Second Amendment to Lease (iii“Early Access Premises”) so long as prior to the Commencement Date for Tenant and its contractors and employees do not interfere to use the Early Access Premises for staging in connection with the completion Xxxxxx’s construction of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access Improvements (as defined in Exhibit X attached to the Premises no less than fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”Lease). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period Premises prior to the Commencement Date shall be subject to all of the terms and conditions obligations of this the Lease, including the indemnity provisions therein, except that Tenant shall not be obligated to pay during such period, the Basic Rent during for the Early Access Period until Premises shall be $42,786.80 per month (based on $1.40 per rentable square foot of the Commencement Date. Tenant agrees Early Access Premises) pro-rated on a per diem basis, and “Tenant’s Share” of “Operating Expenses” (as defined in Exhibit B attached to provide Landlord with prior notice the Lease) for the Early Access Premises shall be “fixed” at the amount of any such intended early access $7,640.50 per month, based on $0.25 per rentable square foot of the Early Access Premises, and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord period the provisions contained in the completion Sections (b), (c), (d), and (e) of the Tenant Improvements said Exhibit B shall be suspended in the Premisestheir entirety. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant In no event shall Tenant’s access to the Early Access Premises until trigger the Commencement Date of the Lease unless Tenant Improvements are substantially completed, in which event Tenant shall promptly surrender any keys or other means of access to the Premises and otherwise comply with such denialcommences its regular business activities therefrom.

Appears in 1 contract

Samples: Inari Medical, Inc.

Early Access. So long as From the date which is three (3) Business Days following the Date of this Lease to May 30, 2019 (and provided Landlord has shall have received from Tenant (i) the first montha copy of each of Tenant’s Base Rent due certificates of insurance therefor pursuant to Section 3 of this Lease, (iiSubsection 4.4.2 hereof) certificates and endorsements reasonably satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access to the Premises no less than fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture), fixtures, Tenant and equipment (“Tenant’s Work”). Tenant’s Work its contractors shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s have access to the Premises for the purposes of planning and designing Tenant’s Work, provided that (i) Tenant shall not perform Tenant’s Work or any other alterations, additions or improvements during such period of early access and (ii) Tenant shall coordinate any such access with Landlord in advance. Commencing on June 1, 2019 (and provided Landlord shall have received a copy of each of Tenant’s certificates of insurance therefor pursuant to Subsection 4.4.2 hereof), Tenant and its contractors shall have access to the Early Access Period Premises for the purposes of designing, and after Tenant’s Plans (as defined in Section 3.2) have been approved by Landlord, performing Tenant’s Work (as defined in Section 3.2), installing furniture, fixtures and telecommunications equipment and otherwise preparing the Premises for Tenant’s occupancy, and commencing on June 1, 2019, all obligations of Tenant under this Lease shall be subject to all terms and conditions apply as if the term of this LeaseLease had commenced, except that Tenant shall not be obligated have no obligation to pay Annual Fixed Rent during the Early Access Period or to pay Additional Rent for Taxes or Operating Costs until the Commencement Date. Tenant agrees to provide Landlord with prior notice Notwithstanding that the term of any this Lease shall not commence until the Commencement Date, during such intended period of early access Landlord’s obligations under Sections 5.6 and to cooperate 5.7 shall apply, and Landlord shall provide Tenant with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of the Tenant Improvements in the Premises. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the Premises until loading dock and other common areas and facilities of the Tenant Improvements are substantially completed, in which event Tenant Building and shall promptly surrender any keys or other means of access furnish electricity and water to the Premises and otherwise comply with such denialas required by this Lease, as if the Commencement Date had occurred.

Appears in 1 contract

Samples: Lease (Pc Tel Inc)

Early Access. So long as Landlord has received from will give Tenant (i) the first month’s Base Rent due pursuant to Section 3 of this Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access to the Premises no less than fifteen (15) days prior to the Lease Commencement Date by (the “Early Access PeriodDate”) for purposes construction of installing Tenant’s the alterations listed on Schedule (the “Pre-Approved Alterations”) and for planning, measurement, construction of improvements and installation of furniture, fixtures, inventory and equipment equipment, shipping and receiving, and any activities included within the Permitted Use (“Tenant’s WorkEarly Occupancy”). TenantLandlord and Xxxxxx will reasonably cooperate in coordinating completion of Xxxxxxxx’s Work shall be performed and any work done by Tenant at Tenantduring Xxxxxx’s sole cost and expenseEarly Occupancy. Tenant’s access to the Premises during Beginning on the Early Access Period shall be subject to all terms Date, Landlord will provide reasonable, temporary restroom facilities for Tenant’s agents, contractors, and conditions of this Leaseemployees. Until Substantial Completion, except that Tenant shall not abide by all safety precautions and programs as may be obligated reasonably promulgated by Landlord to pay Rent during ensure the Early Access Period until the Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the safe completion of Landlord’s Work and any Pre-Approved Alterations, and compliance with applicable health and safety regulations. In the Tenant Improvements in the Premises. Should event that Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny does not give Tenant access to the Premises until on or before the Early Access Date (which period may be extended as a result of Construction Force Majeure Event for up to thirty (30) days or for Tenant Improvements are substantially completedDelay), in which event Tenant shall promptly surrender any keys or other means be entitled to a credit in the amount of one (1) day of Base Rent for each day after the Early Access Date until Landlord gives Tenant access to the Premises, to be applied against the Base Rent otherwise due and payable after the Commencement Date until said credits are fully realized by Tenant. In addition, if Landlord has not given Tenant access to the Premises and otherwise comply with such denialon or before the date that is [ ] days after the Early Access Date (which period may be extended as a result of a Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), Tenant may terminate this Lease by written notice to Landlord.

Appears in 1 contract

Samples: www.courtlistener.com

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Early Access. So long as Landlord has received from Subject to Tenant’s 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) the first month’s Base Rent due pursuant to Section 3 execution and delivery of this Lease, (ii) certificates receipt of the installment of Base Rent for Lease Month 7 of the Term and endorsements reasonably satisfactory to Landlord evidencing 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 be carried by Tenant under Article 14 of this Lease, ) to install Tenant’s furniture and (iii) so long as equipment and perform the Tenant’s Work. During the period commencing on the date that Tenant and its contractors and employees do not interfere enters onto the Premises in accordance with the completion of prior sentence until the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access to the Premises no less than fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture), fixtures, and equipment (“Tenant’s Work”). Tenant’s Work Tenant shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to comply with all terms and conditions 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 shall not be obligated to pay Rent responsible for the payment of all utilities consumed by Tenant in and for the Premises during the such Early Access Period until the Commencement DatePeriod. Tenant expressly agrees to provide Landlord with prior notice that neither it nor any of any such intended early access and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of the Tenant Improvements in the Premises. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvementsagents, Landlord may deny Tenant access to contractors, workmen, mechanics, suppliers or invitees shall enter the Premises unless and until the Tenant Improvements are substantially completedeach of them shall furnish such assurances to Landlord, in which event 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 promptly surrender require to protect Landlord against any keys loss, casualty, liability, liens or other means of access to the Premises and otherwise comply with such denialclaims.

Appears in 1 contract

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

Early Access. So long as Landlord has received Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from Tenant (i) the first monthCity of Irvine, Tenant’s Base Rent payment of all deposits due pursuant to Section 3 of this Lease, (ii) certificates and endorsements reasonably satisfactory to Landlord evidencing under the insurance required to be carried by Tenant under this Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the Premises consisting of approximately 33,597 rentable square feet as shown on the attached Exhibit A-1 (iii“Early Access Premises”) so long as prior to the Commencement Date for Tenant and its contractors and employees do not interfere to use the Early Access Premises for staging in connection with the completion Tenant’s construction of the Tenant Improvements, Landlord shall permit Tenant and Tenant’s designated contractors access Improvements (as defined in Exhibit X attached to the Premises no less than fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”Lease). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period Premises prior to the Commencement Date shall be subject to all of the terms and conditions obligations of this the Lease, including the indemnity provisions therein, except that Tenant shall not be obligated to pay during such period, the Basic Rent during for the Early Access Period until Premises shall be $47,035.80 per month (based on $1.40 per rentable square foot of the Commencement Date. Tenant agrees Early Access Premises) pro rated on a per diem basis, and “Tenant’s Share” of “Operating Expenses” (as defined in Exhibit B attached to provide Landlord with prior notice the Lease) for the Early Access Premises shall be “fixed” at the amount of any such intended early access $8,399.25 per month, based on $0.25 per rentable square foot of the Early Access Premises, and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord period the provisions contained in the completion Sections (b), (c), (d), and (e) of the Tenant Improvements said Exhibit B shall be suspended in the Premisestheir entirety. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant In no event shall Tenant’s access to the Early Access Premises until trigger the Commencement Date of the Lease unless Tenant Improvements are substantially completed, in which event Tenant shall promptly surrender any keys or other means of access to the Premises and otherwise comply with such denialcommences its regular business activities therefrom.

Appears in 1 contract

Samples: Inari Medical, Inc.

Early Access. So long Tenant shall be given access to the Additional Leased Premises approximately thirty (30) days prior to the estimated Additional Leased Premises Term Commencement Date in order for Tenant to install Tenant’s furniture, trade fixtures, and equipment. From the date Tenant is given early access to the Additional Leased Premises as Landlord has received from set forth above through the actual Additional Leased Premises Term Commencement Date, Tenant shall be subject to all of the covenants in the Lease, except that Tenant’s obligation to pay Base Rent for the Additional Leased Premises shall commence in accordance with Paragraph 5 of the Second Amendment; provided, however, (i) Tenant shall exercise such right of access in a manner that comports with the first month’s Base Rent due pursuant to Section 3 requirements of this Leaseall relevant insurance policies, (ii) certificates Tenant (and endorsements reasonably satisfactory to Landlord evidencing Tenant’s contractors, vendors, agents, and employees) shall not disrupt or delay the insurance required to be carried by performance of the Additional Tenant under this LeaseImprovements, and (iii) so long as the Tenant and its contractors and employees do not interfere with the completion of the Tenant Improvements, Landlord shall permit Tenant (and Tenant’s designated contractors access to the Premises no less than fifteen (15) days prior to the Lease Commencement Date (the “Early Access Period”) for purposes of installing Tenant’s furniturecontractors, fixturesvendors, agents, and equipment employees) shall in no event give directions to (“Tenant’s Work”)or otherwise interfere with) any parties performing the Additional Tenant Improvements. Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant’s access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease, except that Tenant shall not be obligated to pay Rent during indemnify and hold the Early Access Period until the Commencement Date. Tenant agrees to provide Landlord free and harmless from any and all liens, costs, and liabilities or expenses incurred in connection with prior notice of any such intended early access and to cooperate with Landlord during the period of any such early access so as not to interfere with Landlord in the completion of the Tenant Improvements in the PremisesTenant. Should Landlord reasonably determine such early access materially and unreasonably interferes with its completion of the Tenant Improvements, Landlord may deny Tenant access to the Premises until the Tenant Improvements are substantially completed, in which event Tenant shall promptly surrender any keys or other means of access to the Premises and otherwise comply with such denial.EXHIBIT F-1

Appears in 1 contract

Samples: Office Building Lease (Zeltiq Aesthetics Inc)

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