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Common use of Early Entry Clause in Contracts

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 3 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)

Early Entry. After receipt Subject to the provisions of a Certificate of Insurance from TenantParagraph 47, Landlord ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall permit Tenant be permitted to enter upon the Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the planning terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements consisting due to (i) any act by Tenant which interferes with or delays construction of the Initial Installation by LandlordTenant Improvements, in accordance with the provisions of EXHIBIT C, installing its furniture, including Tenant's entry to install trade fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject pursuant to all the terms and provisions Paragraph 44 hereof, except for (ii) any changes, modifications and/or additions in the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect theretoand approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant will have that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy intent of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for hereto that the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s 's obligation to pay Rent with respect under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to Suite 2118, pay Rent under the Lease shall be effective upon commence as of the date of such occupancy. Early occupancy it would otherwise have commenced absent delay caused by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Tenant.

Appears in 3 contracts

Samples: Lease Agreement (Latitude Communications Inc), Lease Agreement (Latitude Communications Inc), Lease Agreement (Latitude Communications Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to enter upon Following the Premises from and after the date of full execution of this Lease for Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to Exhibit D hereof, Tenant shall be permitted to enter the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, Premises in accordance with the provisions of EXHIBIT C, installing order that it may install its furniture, fixtures and telephone, internet telephone systems and data communications cabling and wiring, excluding the conduct of its businessequipment. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days Premises prior to the Commencement DateDate shall be subject to all of the terms and obligations of this Lease, including the indemnity provisions herein, except that Tenant shall not be required to pay Basic Rent during that period unless it commences its business activities in the Premises. Should Tenant request occupancy of Suite 2118 The foregoing license to enter the Premises prior to the Commencement DateDate is however, conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of the Lease except as to the covenants to pay rent. Except as shall be due to the negligence or willful misconduct of Landlord or its agents, contractors or employees, Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the parties will agree same being solely at Tenant’s risk. In no event shall the failure of Tenant’s contractors to complete any work in writing upon a date certain for the commencement of such occupancy, and Premises extend the rights and obligations Commencement Date of the Parties pursuant Lease. Landlord may withdraw such permission to this Lease with respect enter the Premises prior to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of Commencement Date at any time that Landlord reasonably determines that such occupancy. Early occupancy entry by Tenant is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of any portion of Tenant Improvements at the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014earliest possible date.

Appears in 2 contracts

Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)

Early Entry. After receipt Following the full execution of a Certificate this Lease, payment of Insurance from Tenantall deposits due hereunder and delivery of proper evidence of insurance pursuant to Exhibit D hereof, Landlord shall permit Tenant and its agents to enter the Premises upon the Premises from full and after the date of full final execution of this Lease for the purpose of monitoring the planning by Landlord and construction of the Tenant Improvements consisting of the Initial Installation in order that Tenant may perform any work to be performed by Tenant hereunder through its own contractors, subject to Landlord’s prior written approval, and otherwise in accordance with the provisions requirements of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution Section 7.3 of this Lease and provision of a Certificate of Insurance as set forth hereinLease. Upon reasonable prior written notice The foregoing license to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have enter the right to occupy Suite 2118 up to ninety (90) days Premises prior to the Commencement DateDate is however, conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. Should The entry shall be deemed to be under all of the provisions of the Lease except as to the covenants to pay rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. The failure of Tenant’s contractors to complete any work in the Premises shall not extend the Commencement Date of the Lease, except if the Tenant’s contractors do not complete work on time due to the fault of the Landlord to timely notify Tenant request occupancy of Suite 2118 any approvals or Landlord prevents Tenant from entering the Premises to complete such work, the Commencement Date of the Lease shall be extended by one day for each day of delay solely caused by the Landlord. Landlord may withdraw such permission to enter the Premises prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of Date at any time that Landlord reasonably determines that such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy entry by Tenant is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of any portion of Tenant Improvements at the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014earliest possible date.

Appears in 2 contracts

Samples: Office Space Lease (United Business Holdings, Inc), Office Space Lease (United Business Holdings, Inc)

Early Entry. After receipt of a Certificate of Insurance from TenantFor the period commencing on the Premises Delivery Date and continuing until the Commencement Date (“Early Entry Period”), Landlord Sublessee shall permit Tenant have the right to enter upon the Subleased Premises from for purposes of constructing the Sublessee Improvements and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its trade fixtures, furniture, fixtures and telephoneequipment, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all of the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution conditions of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety Sublease (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenantobligations relating to Sublessee’s insurance) except for the obligation to pay Rent with respect to Suite 2118Rent; provided, however that during the period of Sublessee’s construction work in the Subleased Premises, Sublessee shall be effective upon obligated to pay all utilities costs for the date Subleased Premises. Notwithstanding anything to the contrary contained in this Sublease, Sublessee shall not have the right to commence demolition in preparation for or construction of such occupancy. the Sublessee Improvements during the Early occupancy by Tenant of Entry Period in any portion of the Subleased Premises unless and until both Sublessor and Master Lessor have approved Sublessee’s plans for the Sublessee Improvements pursuant to the provisions of Section 14.B. below. Further, prior to the Premises Delivery Date, Sublessee shall have no right of possession or occupancy of the Subleased Premises, including Suite 2118, shall and Sublessor reserves the right to make any use of the Subleased Premises that is not cause inconsistent with Sublessor’s obligation to deliver the expiration date Subleased Premises to Sublessee as of this Lease to be later or earlier than July 12, 2014the Premises Delivery Date.

Appears in 2 contracts

Samples: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant If TENANT is permitted entry to enter upon the Leased Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring installing fixtures or any other purpose permitted by LANDLORD, the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall will be at TenantTENANT’s sole risk and subject to all the terms and provisions hereofof this LEASE as though the Commencement Date had occurred, except for the payment of Monthly Rent rent, which shall will commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request TENANT, its agents, or employees will not interfere with or delay LANDLORD’s completion of construction of the improvements. All rights of TENANT under this Section 3.2 will be subject to the requirements of all applicable building codes, zoning requirements, and federal, state, and local laws, rules, regulations and other Applicable Requirements, and shall be exercised solely in a manner which does not interfere with or delay LANDLORD’s compliance with any Applicable Requirements, including the obtaining of a certificate of occupancy for the Leased Premises. LANDLORD retains the absolute right, in Landlord’s sole discretion, to impose additional conditions on TENANT’s early entry which LANDLORD, in its sole discretion, deems appropriate. TENANT agrees, as conditions of Suite 2118 such early entry: (i) to indemnify and to hold LANDLORD free and harmless from any claims, damages or losses arising out of such early entry into possession, and (ii) to deliver to LANDLORD written proof of TENANT’s full compliance with the insurance provisions of this LEASE. LANDLORD may require that TENANT execute an early entry agreement confirming other conditions of early entry prior to the date of TENANT’s early entry (the “Early Entry Date”), or to refuse or terminate any right of early entry at any time. Notwithstanding any grant by LANDLORD to TENANT of permission to receive early entry to the Leased Premises: (a) such permission shall not be deemed permission to make any use of any other portions of the project or common areas without the prior written consent of LANDLORD to such use; and (b) LANDLORD shall not have any obligations to maintain, repair or alter the Leased Premises, nor have any liability respecting the condition of the Leased Premises during such early entry period, except and unless specifically provided by written agreement hereafter made with respect to any early entry period. If TENANT commences to use the Leased Premises for its proposed use prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, then rent shall be effective upon paid on a pro rata basis during such period of use. TENANT shall transfer the date of such occupancy. Early occupancy by Tenant of electrical utility into its responsibility prior to any portion of early entry into the Leased Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 2 contracts

Samples: Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant Upon Landlord’s prior written approval and subject to enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in this Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants3.2, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have may enter the right to occupy Suite 2118 up to ninety Premises approximately thirty (9030) days prior to the Commencement DateDate as estimated in the Basic Lease Terms for the limited purpose of performing the Tenant Improvements to the extent such work does not interfere with Xxxxxxxx’s Work (“Early Entry’’). Should Tenant request occupancy of Suite 2118 Such Early Entry shall be subject to the following conditions: (i) prior to the Commencement Date, date of Early Entry Tenant shall deliver to Landlord the parties will agree in writing upon a date certain for the commencement certificate(s) of such occupancy, and the rights and obligations of the Parties insurance required pursuant to Paragraph 12.2; (ii) Tenant and its agents, employees and contractors shall not interfere with the performance of Landlord’s Work; (iii) Tenant shall coordinate the timing of Tenant’s entry and work during the Early Entry period with Landlord’s employees and contractors; and (iv) Tenant shall comply in all respects with the provisions of Paragraph 2.3. If Landlord reasonably determines that Xxxxxx’s actions are interfering with Xxxxxxxx’s ability to complete Landlord’s Work, Landlord shall have the right to withdraw its permission for Early Entry upon twenty four (24) hours’ written notice to Tenant. Tenant shall be responsible for and shall promptly repair any and all damage to the Premises or Landlord’s Work arising out of Tenant’s Early Entry. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s property or installations in the Premises during the Early Entry period except to the extent caused by Landlord’s gross negligence or willful misconduct. The Expiration Date shall be unchanged by such Early Entry. All provisions of this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon in effect from the date of such occupancy. Early occupancy by Tenant of any portion of Entry; however, Base Rent, Operating Expenses and Taxes shall be abated untll the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Rent Commencement Date.

Appears in 2 contracts

Samples: Lease Agreement (Evotec SE), Lease Agreement (Evotec AG)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to may enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement DateDate to install fixtures and equipment therein, provided Tenant first obtains the prior written approval of Landlord for such entry, which approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of construction of the Improvements which Landlord is required to construct pursuant to Exhibit "C". Should If Landlord permits Tenant request occupancy to so enter upon the Premises, such entry shall be subject to all of Suite 2118 the terms and conditions of this Lease, excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 4.E. below), and the duty to pay utility consumption costs and insurance. Tenant shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. At all times during Tenant's right of entry, Landlord and Tenant shall reasonably cooperate to refrain from interfering with the construction activities of the other party's personnel; provided, Landlord shall not be required to cooperate with Tenant if such cooperation results in a delay in completing the Improvements. In any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry upon the Premises by Tenant or Tenant's Agents (as that term is defined in Subparagraph 29.G.) prior to the Commencement DateDate or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. If the entry by Tenant or Tenant's Agents upon the Premises prior to the Commencement Date interferes with Landlord's construction activities, the parties will agree in writing upon a date certain for the commencement of then Landlord shall give Tenant written notice requesting that Tenant cease such occupancyinterference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if such failure to comply causes a delay in completing the rights and obligations construction of the Parties pursuant to this Lease with respect to Suite 2118Improvements, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, then the Commencement Date shall be effective upon deemed to have occurred on the date of the Improvements would have been completed had there been no such occupancy. Early occupancy delay caused by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014its Agents.

Appears in 2 contracts

Samples: Lease Agreement (Auspex Systems Inc), Lease Agreement (Auspex Systems Inc)

Early Entry. After receipt of a Certificate of Insurance from TenantNo less frequently than is provided in the Construction Schedule, Landlord shall permit Tenant, Tenant’s employees and Tenant’s contractors which have been reasonably approved by Landlord to enter the Premises prior to Substantial Completion in order that Tenant may do work in addition to the Landlord’s Work, including the installation of fixtures, furniture, equipment and Tenant’s Tel/Data Work, as may be desired by Tenant to enter upon make the Premises from ready for Tenant’s occupancy. Such entry shall be subject to the condition that Tenant and after the date of full execution of this Lease for the purpose of monitoring the planning Tenant’s contractors work in harmony and construction not interfere with Landlord, Landlord’s Contractor and their agents and contractors in doing their work or with any other tenants and occupants of the Tenant Improvements consisting of the Initial Installation by Building. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in accordance with the provisions of EXHIBIT Cits reasonable discretion, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up withdraw and cancel such license upon twenty-four (24) hours written notice to ninety (90) days Tenant and any further prior to entry shall be prohibited until Tenant shall have cured the Commencement Datesource of any such disruption or disharmony. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, agrees that any entry into and the rights and obligations any occupation of the Parties pursuant Premises shall be deemed to this be under all of the terms, covenants, conditions and provisions of the Lease with respect to Suite 2118, (including, without limitation, Tenant’s compliance with the insurance requirements of Article 11 of this Lease), except Tenant shall have no obligation to pay the Monthly Installment of Rent with respect to Suite 2118, shall be effective upon or any form of additional rent until the date Commencement Date unless Tenant has commenced the operation of such occupancy. Early occupancy by Tenant of any portion of its business in the Premises. In addition to any other conditions or limitations on such license to enter the Premises prior to the Commencement Date, Tenant expressly agrees that neither it nor any of Tenant’s contractors shall enter the Premises prior to the Commencement Date unless and until each of them shall furnish such assurances to Landlord, including Suite 2118but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall not cause the expiration date of this Lease reasonably require to be later protect Landlord against any loss, casualty, liability, liens or earlier than July 12, 2014claims.

Appears in 2 contracts

Samples: Sublease (ConforMIS Inc), Sublease (ConforMIS Inc)

Early Entry. After receipt Subject to the terms of a Certificate this Paragraph 2.4 and provided that this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, the Letter of Insurance from TenantCredit, and insurance certificates required hereunder, Landlord shall permit grants Tenant the right to enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its businessPremises. Such early entry shall be at Tenant’s sole risk ten (10) days prior to Landlord’s reasonable estimate of the Commencement Date solely for the purpose of installing cabling, equipment, furnishings and other personalty. Such possession prior to the Commencement Date shall be subject to all of the terms and provisions hereofconditions of this Lease, except that Tenant shall not be required to pay Base Rent with respect to the period of time prior to the Commencement Date during which Tenant occupies the Premises for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenantspurposes. However, Tenant will shall be granted access liable for any parking charges, utilities or special services provided to Tenant during such Suitesperiod. With respect Notwithstanding the foregoing, if Tenant takes possession of the Premises before the Commencement Date for any purpose other than as expressly provided in this Paragraph, such possession shall be subject to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution the terms and conditions of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to LandlordTenant shall pay Base Rent, and subject any other charges payable hereunder to Landlord’s completion Landlord for each day of any Tenant Improvements requested by Tenant pursuant possession before the Commencement Date. Said early possession shall not advance the Expiration Date. Landlord may withdraw such permission to EXHIBIT C with respect thereto, Tenant will have enter the right to occupy Suite 2118 up to ninety (90) days Premises prior to the Commencement Date. Should Date at any time that Landlord reasonably determines that such entry by Tenant request occupancy of Suite 2118 prior to is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations completion of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, TenantLandlord’s obligation to pay Rent with respect to Suite 2118, shall be effective upon Work at the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014earliest possible date.

Appears in 1 contract

Samples: Lease Agreement (Cardiva Medical, Inc.)

Early Entry. After receipt Tenant may enter the Premises prior to the ----------- Commencement Date to install fixtures and equipment therein, provided Tenant first obtains the prior written approval of a Certificate Landlord for such entry, which approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of Insurance construction of the Improvements which Landlord is required to construct pursuant to Exhibit "C". If Landlord permits Tenant to so enter upon ----------- the Premises, such entry shall be subject to all of the terms and conditions of this Lease, excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 4.E. below), and the duty to pay utility consumption costs and insurance. Tenant shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. At all times during Tenant's right of entry, Landlord and Tenant shall reasonably cooperate to refrain from Tenantinterfering with the construction activities of the other party's personnel; provided, Landlord shall permit not be required to cooperate with Tenant if such cooperation results in a delay in completing the Improvements. In any case, Tenant shall repair any damage to enter the Improvements constructed by Landlord resulting from the entry upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety or Tenant's Agents (90as that term is defined in Subparagraph 29.G.) days prior to the Commencement DateDate or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. Should If the entry by Tenant request occupancy of Suite 2118 or Tenant's Agents upon the Premises prior to the Commencement DateDate interferes with Landlord's construction activities, the parties will agree in writing upon a date certain for the commencement of then Landlord shall give Tenant written notice requesting that Tenant cease such occupancyinterference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if such failure to comply causes a delay in completing the rights and obligations construction of the Parties pursuant to this Lease with respect to Suite 2118Improvements, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, then the Commencement Date shall be effective upon deemed to have occurred on the date of the Improvements would have been completed had there been no such occupancy. Early occupancy delay caused by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014its Agents.

Appears in 1 contract

Samples: Sublease Agreement (Covad Communications Group Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit agrees that Tenant to may enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will Landlord reasonably determines to be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety approximately thirty (9030) days prior to Substantial Completion of the Commencement Date. Should Landlord Work for the sole purpose of installation of improvements, furniture, cabling, fixtures and equipment (the “Early Entry”) (and such 30-day period shall be adjusted per Landlord’s commercially reasonable coordination with Tenant request occupancy of Suite 2118 prior as to the Commencement Datetiming of Tenant’s wiring and cabling work in coordination with the Landlord Work (i.e., installation of cabling before walls are closed)), provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the parties will agree in writing upon a date certain for the commencement of such occupancyPremises, and the rights and obligations further provided that such Early Entry shall be subject to all of the Parties pursuant to terms and conditions contained in this Lease with respect to Suite 2118(other than the payment of Base Rent, utilities and Tenant’s Pro Rata Share of Operating Expenses), including, without limitation, Tenant’s obligation insurance and indemnity obligations as contained in this Lease. Prior to pay Rent any such Early Entry, Tenant shall provide Landlord with respect certificates of insurance or other evidence reasonably acceptable to Suite 2118Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry unreasonably interferes with the Landlord Work, Landlord shall be effective upon the date notify Tenant in writing and if Tenant fails to cure such unreasonable interference within one (1) full Business Day after receipt of such occupancy. written notice, Landlord may terminate Tenant’s right to Early occupancy Entry, and any actual delay in the Landlord Work caused by any act or omission of a Tenant of any portion Party during such Early Entry will be deemed a Tenant Delay subject to the terms of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Work Letter.

Appears in 1 contract

Samples: Lease Agreement (SMART Global Holdings, Inc.)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant and Tenant’s Tel/Data Contractors to enter upon the Pre-Expansion Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety least sixty (9060) days prior to the Commencement DateDate and the Expansion Premises at least sixty (60) days prior to the Expansion Premises Commencement Date (each such period, an “Early Access Period”) so that Tenant may perform the Tenant’s Tel/Data Work. Should Tenant’s access shall be subject to the condition that Tenant request occupancy and Tenant’s Tel/Data Contractors shall work in harmony and not interfere with Landlord, Landlord’s Contractor and their agents and contractors in performing their work or with any other tenants and occupants of Suite 2118 the Buildings. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, shall have the right to withdraw and cancel such license upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be postponed and coordinated. Tenant agrees that any entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay the Monthly Installment of Rent or any additional rent. In addition to any other conditions or limitations on such license to enter the Premises prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement Tenant expressly agrees that neither it nor any of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation Tel/Data Contractors shall enter the Pre-Expansion Premises prior to pay Rent with respect the Commencement Date or the Expansion Premises prior to Suite 2118, the Expansion Premises Commencement Date unless and until each of them shall be effective upon the date of furnish such occupancy. Early occupancy by Tenant of any portion of the Premisesassurances to Landlord, including Suite 2118but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall not cause the expiration date of this Lease require to be later protect Landlord against any loss, casualty, liability, liens or earlier than July 12, 2014claims.

Appears in 1 contract

Samples: Lease Agreement (Aspen Technology Inc /De/)

Early Entry. After receipt of a Certificate of Insurance from TenantAs described in the Work Letter Agreement, Landlord will be constructing the Shell and turning it over to Tenant for the construction of the Tenant Improvements. Landlord agrees to provide Tenant with reasonable access to the Shell no later than August 1, 2001, even though construction of the Shell will not be substantially complete by such date (as such date shall permit be extended by Tenant Delays [as defined in the Work Letter Agreement] and force majeure delays [as defined in Paragraph 33 hereof], herein referred to as the "SHELL AVAILABILITY DATE"). Tenant may elect to enter upon the Shell commencing on the Shell Availability Date in order to commence the construction of the Tenant Improvements, install communications cable, fixtures and racking and the like, at Tenant's sole cost and expense, as well as to commence its move into the Premises from and after the date of full execution of this Lease (collectively, "TENANT'S WORK"). Any such entry by Tenant for the purpose of monitoring Tenant's Work will be subject to the planning following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and construction any other personnel under Tenant's control ("TENANT'S PERSONNEL") entering the Premises, will reasonably cooperate with Landlord and Landlord's general contractor; (ii) Tenant agrees that any such early entry is subject to all of the Tenant Improvements consisting terms and conditions of the Initial Installation by LandlordLease except for those relating to the payment of Rent and other monetary obligations, which provisions will become applicable in accordance with the provisions terms of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding this Lease; (iii) Prior to any entry upon the conduct of its business. Such early entry shall be at Shell by Tenant or Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants's Personnel, Tenant will be granted access agrees to such Suites. With respect pay for and provide to Suites not currently occupied Landlord certificates evidencing the existence and amounts of liability insurance carried by other tenantsTenant, Tenant will be granted access immediately upon execution which coverage must comply with the provisions of this Lease relating to insurance; (iv) Tenant and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice Tenant's Personnel agree to Landlordcomply with all applicable laws, regulations, permits and subject other approvals required to Landlord’s completion of any Tenant Improvements requested perform Tenant's Work or by the early entry on the Shell by Tenant pursuant and Tenant's Personnel; and (v) Tenant agrees to EXHIBIT C indemnify, protect, defend and save Landlord harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Shell by Tenant or Tenant's Personnel. If Tenant's Personnel and/or the work that is being performed by Tenant's Personnel materially interferes with respect theretoLandlord's construction of the Shell, Tenant or detrimentally affects Landlord's ability to comply with its commitments for completing construction of the Shell, Landlord will have the right to occupy Suite 2118 up order Tenant's early entry to ninety cease in the event Tenant has not taken action to remedy such interference within forty-eight (9048) days prior hours following Landlord's notice to Tenant of the Commencement Dateexistence of the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's work, Tenant agrees to cause Tenant's Personnel to remove all tools, equipment and materials from the Shell. Should Tenant request occupancy of Suite 2118 Notwithstanding the foregoing, during the period following the Shell Availability Date and prior to the Commencement Date, the parties will agree Landlord and Tenant and their respective contractors shall reasonably cooperate in writing upon a date certain for the commencement their efforts to permit completion of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitationLandlord's construction obligations, Tenant’s obligation 's work and Tenant's move into the Premises so that Tenant can be open for business in the Premises no later than the day prior to pay Rent the scheduled Commencement Date of December 1, 2001, subject to Tenant Delays, Landlord Delays and force majeure delays. Accordingly, Landlord shall make available its contractors to meet and confer with respect Tenant's Personnel at least three (3) weeks prior to Suite 2118, shall be effective upon the date of Shell Availability Date to establish a schedule which is convenient for all parties involved to complete such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014work in a timely manner.

Appears in 1 contract

Samples: Lease (Apria Healthcare Group Inc)

Early Entry. After Subject to the terms and conditions of the Lease, governmental laws, rules and regulations and receipt of a Certificate of Insurance from Tenantthe Consent, Landlord shall permit Tenant Subtenant may enter into the Sublease Premises approximately two (2) weeks prior to enter upon the Premises from and after the anticipated date of full execution Sublandlord’s completion of this Lease Sublandlord’s Work, upon receipt of Sublandlord’s written consent, which consent shall not be unreasonably conditioned or withheld and shall be granted or denied within two (2) business days, for the purpose of monitoring the planning making improvements and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures telephones, computers, photocopy equipment, and telephone, internet other business equipment and data communications cabling similar items and wiring, excluding the conduct of its businessrelated wiring and conduits. Such early entry shall be at Tenant’s sole risk and subject to all will not advance the terms and Commencement Date so long as Subtenant does not commence business operations from any part of the Sublease Premises. All of the provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety Sublease (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant Lease as incorporated herein) shall apply to this Lease with respect to Suite 2118Subtenant during any early entry, including, without limitation, Tenant’s the indemnities set forth in this Sublease (and the Lease as incorporated herein), but excluding the obligation to pay Rent with respect to Suite 2118Basic Rent, shall be effective upon Operating Expenses, Taxes and Insurance only unless and until Subtenant has commenced business operations in the date of such occupancy. Early occupancy by Tenant of any portion of the Sublease Premises, including Suite 2118whereupon the Commencement Date shall occur and Basic Rent shall immediately commence. If Subtenant is granted early entry, Sublandlord shall not cause be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Subtenant at the expiration date Sublease Premises or for any injury to Subtenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees, except to Sublandlord’s or its agents’, employees, contractors’, subcontractors’ or invitees’ negligence or willful misconduct. Sublandlord and Landlord shall have the right to post appropriate notices of non-responsibility and to require Subtenant to provide Sublandlord with evidence that Subtenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Sublease (and the Lease to be later or earlier than July 12, 2014as incorporated herein).

Appears in 1 contract

Samples: Sublease (Intermix Media, Inc.)

Early Entry. After receipt Tenant and its authorized agents, contractors, subcontractors and employees are hereby granted a license by Landlord, effective upon Landlord’s notice to Tenant of a Certificate the surrender of Insurance from Tenantthe Expansion Premises by the tenant currently leasing such space and continuing until the Expansion Commencement Date, Landlord shall permit Tenant to enter upon the Expansion Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject expense, other than Landlord’s gross negligence or willful misconduct, for purposes of performing the Tenant Improvements and installing telecommunications wiring, fixtures, and equipment; provided, however, that all obligations of Tenant under the Lease, as amended by this Second Amendment except with respect to all the terms and provisions hereof, except for the payment of Monthly Rent which rent with respect to the Expansion Premises, shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenantsapply during such early entry, immediately upon vacation of (b) prior to any such Suites by the existing tenantsentry, Tenant will shall pay for and provide evidence of the insurance to be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested provided by Tenant pursuant to EXHIBIT C with respect theretothe provisions of Article 11 of the Existing Lease as though the Expansion Premises were part of the Premises, (c) prior to such entry, Tenant will shall have delivered to Landlord an executed original of this Second Amendment and payment in an amount equal to (i) the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy Monthly Installment of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118the Expansion Premises for the first (1st) month of the term in which such Monthly Installment of Rent is due ($26,433), plus (ii) the cash Security Deposit set forth in Section 10 below ($702,821.10), and (d) Tenant shall not interfere with the completion of the Landlord’s Work (as defined in the attached Exhibit B-1) in any way provided that Tenant shall not be effective upon the date so delaying Landlord if Tenant corrects such underlying delay condition within one (1) business day after notice of such occupancysame from Landlord. Early occupancy by Tenant Upon Tenant’s breach of any portion of the Premisesforegoing conditions, including Suite 2118Landlord may, shall not cause the expiration date in addition to exercising any of this Lease its other rights and remedies set forth herein, revoke such license upon notice to be later or earlier than July 12, 2014Tenant.

Appears in 1 contract

Samples: Lease Agreement (Schrodinger, Inc.)

Early Entry. After Upon receipt of a Certificate of Insurance written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the Premises is available for Tenant’s entry, Landlord Tenant and its agents and contractors shall permit Tenant be permitted to enter upon the Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring installing at Tenant’s sole cost and expense, Tenant’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers (“Early Entry Date”). Such entry shall be subject to all of the planning terms and construction conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof, provided none of Tenant’s operating personnel occupy said Premises; except, Tenant will be responsible for all utilities expenses as outline in Lease Paragraph 12 (“Utilities of the Building in Which the Premises are Located”) from the Early Entry Date. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 2.C shall (i) be undertaken at Tenant’s sole risk, (ii) not interfere with or delay Landlord’s work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant’s work in said Premises delays the completion of the Tenant Improvements consisting of the Initial Installation to be provided by Landlord, if any, or in accordance with the provisions event Tenant has not completed construction of EXHIBIT Cits interior improvements, installing its furnitureif any, fixtures and telephoneby the scheduled Commencement Date, internet and data communications cabling and wiring, excluding it is agreed between the parties that this Lease will commence on the earlier of (x) occupancy of any portion of the Premises by any of Tenant’s operating personnel for the conduct of any of its business. Such early entry shall business pursuant to Paragraph 2.B(a) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of January 1, 2007 regardless of the construction status of said interior improvements completed or to be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied completed by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to or Landlord, and subject to Landlord’s completion as the case may be. It is the intent of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for hereto that the commencement of Tenant’s obligation to pay Rent under the Lease not be delayed by any of such occupancycauses or by any other act of Tenant (except as expressly provided herein) and, and in the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitationevent it is so delayed, Tenant’s obligation to pay Rent with respect to Suite 2118, under the Lease shall be effective upon commence as of the date of such occupancyit would otherwise have commenced absent delay caused by Tenant. Early occupancy by Tenant of any portion It is agreed in the event said Lease commences on a date other than the first day of the Premises, including Suite 2118, shall not cause month the expiration date Term of this the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be later or earlier than July 12, 2014.pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4A. Multi Tenant/Single Parcel Page 2 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01

Appears in 1 contract

Samples: Lease Agreement (Opti Inc)

Early Entry. After receipt Landlord hereby provides Tenant notice of a Certificate the substantial completion of Insurance from Tenant, Landlord shall permit the Building shell. Tenant may elect to enter upon the Premises from forty-five (45) days prior to the Rent Commencement Date in order to install communications cable, fixtures and after racking and the date of full execution of this Lease like, at Tenant's sole cost and expense (collectively, "Tenant's Work"). Any such entry by Tenant for the purpose of monitoring Tenant's Work will be subject to the planning following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and any other personnel under Tenant's control ("Tenant's Personnel") entering the Premises, will cooperate with Landlord and Landlord's general contractor; (ii) Tenant agrees that any such early entry is subject to all of the terms and conditions of the Lease except for those relating to the payment of Rent and other monetary obligations, which provisions will become applicable in accordance with the terms of this Lease; (iii) Prior to any entry upon the Premises by Tenant or Tenant's Personnel, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance; (iv) Tenant and Tenant's Personnel agree to comply with all applicable laws, regulations, permits and other approvals required to perform Tenant's Work or by the early entry on the Premises by Tenant and Tenant's Personnel; (v) Tenant agrees to indemnify, protect, defend and save Landlord harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or Tenant's Personnel; and (vi) Tenant shall have paid to Landlord the first full monthly installment of Monthly Base Rent on the portion of the Premises to which Tenant desires early entry. If, in Landlord's reasonable judgment, Tenant's Personnel and/or the work that is being performed by Tenant's Personnel interferes with Landlord's construction of the Tenant Improvements consisting of the Initial Installation by Improvements, or detrimentally affects Landlord, in accordance 's ability to comply with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of commitments for completing its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence improvements on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenantsPremises or cause labor difficulties, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant Landlord will have the right to occupy Suite 2118 up order Tenant's early entry to ninety cease in the event Tenant has not taken action to remedy such interference within forty-eight (9048) days prior hours following Landlord's notice to Tenant of the Commencement Date. Should Tenant request occupancy existence of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancysame, and the rights if Landlord so requires in connection therewith because such items are interfering with Landlord's Work, Tenant agrees to cause Tenant's Personnel to remove all tools, equipment and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of materials from the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 1 contract

Samples: Industrial Lease (Cutter & Buck Inc)

Early Entry. After receipt of a Certificate of Insurance from TenantTo the extent permitted by Applicable Laws, Landlord Tenant shall permit Tenant have the right, at its own risk and at no additional cost, to enter upon the Leased Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by LandlordApril 1, 2022, in accordance with the provisions of EXHIBIT C, installing its furniture, order to install fixtures and telephoneotherwise prepare the Leased Premises for occupancy, internet which right shall expressly exclude making any structural modifications. (Tenant hereby acknowledging that the Commencement Date and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall Rent Commencement Date will be at Tenant’s sole risk and subject adjusted pursuant to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Lease Summary in the event Tenant will be granted access to such Suitesbegins conducting business in the Leased Premises). With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of During any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days entry prior to the Commencement DateDate (i) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay rent, (ii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s rules of conduct (which Landlord agrees to furnish to Tenant upon request), (iii) Tenant shall not commence any such pre-Commencement Date entry prior to delivering evidence that Tenant has procured the insurance policies required of Tenant pursuant to the terms of the Lease, (iv) Tenant shall indemnify Landlord against any loss or liability arising therefrom (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors), (v) during such early possession, Tenant shall bear the burden of the risk of loss of Tenant’s personal property, trade fixtures and equipment, whether by theft, casualty or otherwise, and (vi) Tenant must coordinate all such pre-Commencement Date entry into the Leased Premises with Landlord’s property manager. Should Tenant request occupancy of Suite 2118 shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant. During any entry prior to the Commencement Date, the parties will agree in writing upon a date certain Landlord, at its sole cost, shall provide electricity, HVAC services, elevator access, and parking for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014contractors.

Appears in 1 contract

Samples: Office Lease (Channeladvisor Corp)

Early Entry. After receipt Landlord agrees to provide Tenant with at least forty-five (45) days' prior written notice of a Certificate of Insurance from Tenant, Landlord shall permit the date ("Shell Delivery Date") on which the Building shell will be substantially complete. Tenant may elect to enter upon the Premises from commencing on the Shell Delivery Date in order to install communications cable, fixtures and after racking and the date of full execution of this Lease like, at Tenant's sole cost and expense (collectively, "Tenant's Work"). Any such entry by Tenant for the purpose of monitoring Tenant's Work will be subject to the planning following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and any other personnel under Tenant's control ("Tenant's Personnel") entering the Premises, will cooperate with Landlord and Landlord's general contractor; (ii) Tenant agrees that any such early entry is subject to all of the terms and conditions of the Lease except for those relating to the payment of Rent and other monetary obligations, which provisions will become applicable in accordance with the terms of this Lease; (iii) Prior to any entry upon the Premises by Tenant or Tenant's Personnel, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance; (iv) Tenant and Tenant's Personnel agree to comply with all applicable laws, regulations, permits and other approvals required to perform Tenant's Work or by the early entry on the Premises by Tenant and Tenant's Personnel; and (v) Tenant agrees to indemnify, protect, defend and save Landlord harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or Tenant's Personnel. If, in Landlord's reasonable judgment, Tenant's Personnel and/or the work that is being performed by Tenant's Personnel interferes with Landlord's construction of the Tenant Improvements consisting of the Initial Installation by Improvements, or detrimentally affects Landlord, in accordance 's ability to comply with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of commitments for completing its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence improvements on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenantsPremises or cause labor difficulties, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant Landlord will have the right to occupy Suite 2118 up order Tenant's early entry to ninety cease in the event Tenant has not taken action to remedy such interference within forty-eight (9048) days prior hours following Landlord's notice to Tenant of the Commencement Date. Should Tenant request occupancy existence of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancysame, and the rights if Landlord so requires in connection therewith because such items are interfering with Landlord's Work, Tenant agrees to cause Tenant's Personnel to remove all tools, equipment and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of materials from the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 1 contract

Samples: Industrial Lease (Cutter & Buck Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit allow Tenant to enter upon the Expansion Premises from and after approximately fourteen (14) Business Days prior to the date of full execution of this Lease upon which the Expansion Premises is deemed “substantially complete” for the sole purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephonetelecommunications systems, internet and data communications cabling and wiringcabling, excluding equipment or other personal property (the conduct of its business“Preparation Work”). Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Provided that (i) Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable has provided prior written notice to Landlord, Landlord of its intention to enter the Expansion Premises under this Section 9; (ii) Tenant delivers to Landlord the insurance certificates required under Section 14 of the Lease; and subject to Landlord’s completion (iii) such early entry is for the sole purpose of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect theretoperforming the Preparation Work, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation shall not be required to pay Rent with respect to Suite 2118the Expansion Premises only during such fourteen (14) Business Day early occupancy period, but shall otherwise be subject to all of the terms and conditions of the Amended Lease. Any such early entry by Tenant shall not interfere with the completion of the Tenant Improvements or the improvement work of any other tenants in the Expansion Building and Tenant shall use its good faith, reasonable efforts to coordinate its early entry so as not to interfere with the completion of the Tenant Improvements. Notwithstanding the foregoing, Landlord may terminate Tenant’s early right of entry with prior written notice at any time without any liability to Tenant for any loss or damage incurred by Tenant as a result thereof, in the event Landlord reasonably determines that Tenant’s presence is interfering with the completion of the Tenant Improvements or the improvement work of any other tenants in the Expansion Building; provided that in the event Landlord terminates Tenant’s early right of entry in accordance with this Section 9, the Expansion Commencement Date shall be effective upon extended such that Tenant is afforded a total of 14 Business Days (but in no event more than 14 Business Days) early access to the date of such occupancy. Early occupancy by Tenant of any portion of the Expansion Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 1 contract

Samples: Summit Office Lease (Avanir Pharmaceuticals, Inc.)

Early Entry. After receipt With the prior written consent of a Certificate of Insurance from TenantLandlord, Landlord Tenant shall permit Tenant have the right within fifteen (15) days prior to the Scheduled Term Commencement Date, at its sole risk, cost and expense, to enter upon and install racks and improvements in the Premises, and the same will not cause Rent to commence; provided that (a) Tenant shall have paid for and provided evidence to Landlord of all insurance required under the Lease having been secured; (b) Tenant shall pay utility charges and other costs and expenses incurred by Landlord which would not have been incurred except for such early entry by Tenant, and (c) Tenant does hereby indemnify Landlord from any costs or liabilities that may be incurred due to Tenant's early entry. Tenant shall not use the Premises from and after for the storage of inventory or otherwise commence the operation of business without the express prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. If an event of default under the Lease occurs during the period between the date of full execution occupancy and the date Rent is to begin ("Early Occupancy Period"), then, on the occurrence of this Lease such event of default, Tenant shall then be responsible for the purpose of monitoring the planning Rent due and construction of the payable from Tenant Improvements consisting of the Initial Installation by to Landlord. By entry, Tenant accepts Premises as being in good order, condition and repair in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct Lease. It is further understood that any improvement of its business. Such early entry shall be at Tenant’s sole risk and subject to all the Premises by the Tenant without written consent of Landlord is hereby prohibited unless otherwise permitted under the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Panda Project Inc)

Early Entry. After receipt Subtenant shall be permitted to access the Subleased Premises (“Early Entry”) during the period between the second business day following the date upon which Landlord delivers the Consent and the Commencement Date, subject to the terms and conditions of this Sublease and Subtenant’s satisfaction of the Delivery Requirements, solely for the purpose of preparing the Subleased Premises for Subtenant’s use and occupancy (the “Early Entry Work”), provided that Subtenant shall exercise its right of Early Entry in a Certificate manner designed to not materially or unreasonably disrupt Sublandlord, its employees, agents, invitees and guests, including in the performance of Insurance from Tenantthe Delivery Condition Work (as defined below), Landlord which Subtenant acknowledges will be performed by Sublandlord during the period of Early Entry. Prior to (and as a condition of) the performance of any Early Entry Work, Subtenant shall permit Tenant first submit to enter upon Sublandlord for its review and approval (such approval not to be unreasonably withheld, conditioned, or delayed) Subtenant’s proposed installation schedule. Without limiting the Premises foregoing, any installation activities which are anticipated to cause excessive noise shall be performed after-hours. During Subtenant’s Early Entry to the Subleased Premises, Subtenant shall be subject to all of the terms and conditions of this Sublease, except Subtenant shall not be required to pay Base Rent or Additional Rent hereunder; provided, however, from and after the date Delivery Date, Subtenant shall pay for any services in the nature described in the last sentence of full execution Section 5(b) hereof requested by and provided to Subtenant. For the avoidance of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlorddoubt, in accordance with no event shall Subtenant conduct business in the provisions Subleased Premises during the period of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days Early Entry prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior Date and if Subtenant commences to conduct business in the Commencement DateSubleased Premises during such period, the parties will agree in writing upon a date certain for the commencement Subtenant shall be obligated to pay Base Rent and Additional Rent as of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014date.

Appears in 1 contract

Samples: Sublease (Corcept Therapeutics Inc)

Early Entry. After Upon receipt of a Certificate of Insurance written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the Premises is available for Tenant’s entry, Landlord Tenant and its agents and contractors shall permit Tenant be permitted to enter upon the Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlordconstructing its improvements, if any, in accordance with the provisions of EXHIBIT C, Premises and/or installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk cost and subject to all expense, Tenant’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers (“Early Entry Date”). If applicable, Landlord shall notify Tenant of the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites Early Entry Date not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety less than ten (9010) days prior to the Commencement Datedate Landlord anticipates achieving Substantial Completion of the Landlord Interior Improvements. Should Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant request occupancy shall not be required to pay any Rent on account thereof, provided none of Suite 2118 prior Tenant’s operating personnel occupy said Premises; except as necessary to prepare the Commencement Date, the parties will agree in writing upon a date certain Premises for the commencement conduct of such occupancy, Tenant’s business therein. Any entry or installation work by Tenant and its agents in the rights and obligations of the Parties Premises pursuant to this Lease Paragraph 2.C shall (i) be undertaken at Tenant’s sole risk, (ii) not interfere with respect to Suite 2118or delay Landlord’s Interior Improvements, and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limitationlimiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant’s work in said Premises delays the completion of Landlord’s Interior Improvements, Landlord’s Interior Improvements, then for purposes of Paragraph 2.B(a) above, the Landlord’s Interior Improvements shall be deemed to have been Substantially Completed on the date such Substantial Completion would have occurred but for the actual delay caused by Tenant. It is the intent of the parties hereto that the Commencement of the Lease and Tenant’s obligation to pay Rent with respect under the Lease not be delayed by any of such causes or by any other act of Tenant and, in the event it is so delayed, the Lease and Tenant’s obligation to Suite 2118pay Rent under the Lease shall commence as of the date it would otherwise have commenced regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord as the case may be. It is agreed in the event the Commencement Date is a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be prorated (for the number of days in the partial month) at the Basic Rent rate scheduled for the scheduled Commencement Date as shown in Paragraph 4.A, and such prorated Basic Rent shall be effective upon due on the date of such occupancy. Early occupancy by Tenant of any portion first day following the end of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Basic Rent Abatement Period.

Appears in 1 contract

Samples: Lease Agreement (Electronics for Imaging Inc)

Early Entry. After Upon receipt of a Certificate of Insurance written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the Increased Premises is available for Tenant’s entry, Landlord Tenant and its agents and contractors shall permit Tenant be permitted to enter upon the Increased Premises from and after (as shown in Blue on Exhibit B) prior to the date of full execution of this Lease Effective Date for the purpose of monitoring installing at Tenant’s sole cost and expense, Tenant’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the planning terms and construction conditions of the Lease, except that Tenant shall not be required to pay any Rent on the Increased Premises, provided none of Tenant’s operating personnel occupy said Increased Premises. Any entry or installation work by Tenant and its agents in the Increased Premises pursuant to this Paragraph 1.C shall (i) be undertaken at Tenant’s sole risk, (ii) not interfere with or delay Landlord’s work in the Increased Premises (if any), and (iii) not be deemed occupancy or possession of the Increased Premises for purposes of this Amendment. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant’s work in said Increased Premises delays the completion of the Tenant Improvements consisting to be provided by Landlord pursuant to Paragraph 1.A (“Increased Premises: Tenant Improvements to be made by Landlord”), or in the event Tenant has not completed construction of its interior improvements, if any, by the Effective Date, it is agreed between the parties that the Effective Date is not subject to change. It is the intent of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, hereto that Tenant’s obligation to pay Rent with respect to Suite 2118, on the Increased Premises shall be effective upon commence on the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Effective Date.

Appears in 1 contract

Samples: Lease Agreement (Shutterfly Inc)

Early Entry. After receipt of a Certificate of Insurance from TenantPrior to the Delivery Date, Landlord shall permit Tenant to enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlordshall, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk own risk, be entitled to access such portions of the Premises that are completed to the degree that Tenant is able to install Tenant’s furniture and subject equipment, prepare for move-in, and/or take occupancy, provided, however, that the actual Commencement Date shall not be affected by Tenant’s entry onto or occupancy of the Premises prior to all the terms and provisions hereofDelivery Date. Tenant shall not make such installations or move-in preparation, except for the payment of Monthly Rent which shall commence on the date set forth or take occupancy, if, in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion reasonable judgment, such activity would result in a delay in the performance of the remaining Landlord Work or Tenant Improvement Work to be done. Notwithstanding any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect theretoof the foregoing, Tenant will have the right to occupy Suite 2118 up to ninety (90) Landlord covenants and agrees that at least 30 days prior to the Delivery Date, Landlord will have Substantially Completed the Landlord Work in at least one-half of the area constituting the Premises and that during such 30 day period Tenant will be able to access such portion without restriction in order to install Tenant’s furniture and equipment and prepare for move-in. Tenant’s early access shall in no event be deemed a Tenant Delay. If Landlord does not provide such 30 day access period to Tenant, then the shortfall in the number of days so provided shall be added into the period establishing the Commencement DateDate pursuant to clause 3.3 (i) above. Should By way of example, if Tenant request occupancy is provided only 10 days of Suite 2118 unrestricted access prior to the Commencement Delivery Date, then the parties Commencement Date (if established by clause 3.3(i) above) will agree in writing upon not occur until 50 days after the actual Delivery Date. **** This redacted material has been omitted pursuant to a date certain request for the commencement of such occupancyconfidential treatment, and the rights and obligations of material has been filed separately with the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Commission.

Appears in 1 contract

Samples: Lease Agreement (Del Monte Foods Co)

Early Entry. After receipt Notwithstanding Section 8.2 or anything else to the contrary contained in this Amendment, but subject to the provisions of a Certificate of Insurance from Tenantthis Section 8.4, Landlord shall permit Tenant to may enter upon the Premises Suite 100 Main Space, the Suite 100 Remainder Space and the Suite 200 Expansion Space, from and after the date of full execution of this Lease Amendment and before the applicable Effective Date, at its sole risk, in order to identify and assess items of repair that Tenant will need to make in the applicable portion of the Expansion Space, and for the purpose of monitoring making repairs, installing telecommunications and data cabling and equipment, furnishings and other personalty in the planning and construction applicable portion of the Tenant Improvements consisting of Expansion Space. Other than the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Base Rent with respect to Suite 2118and Tenant’s Pro Rata Share and Tenant’s Percentage of Property Expenses, all of Tenant’s obligations under the Lease (as amended) shall be effective upon the date apply during any period of such occupancyearly entry. Early occupancy Notwithstanding the foregoing, Tenant acknowledges that the Expansion Space is and may continue to be occupied by Tenant of third parties up the applicable effective date(s), that Landlord has made no representation that any portion of the PremisesExpansion Space will be available to Tenant for early entry prior to the applicable Effective Date, including Suite 2118and that Tenant’s rights hereunder are strictly subject to the agreement and cooperation of any then existing tenant(s) and occupant(s) of the applicable portion of the Expansion Space, each in its sole discretion. Landlord shall request the cooperation of the necessary third parties to provide Tenant with early entry to the Expansion Space, at no cost or risk to Landlord, but if Landlord is unable to secure such cooperation to the reasonable satisfaction of Landlord, Tenant shall not cause have the expiration date right of early entry set forth in this Lease Section 8.4. Upon Landlord’s request, Tenant shall execute an access and indemnification agreement in a form acceptable to be later Landlord prior to any early entry to the Expansion Space during any period in which the applicable portion of the Expansion Space is leased and/or occupied by a third party or earlier than July 12third parties. In addition, 2014Landlord may limit, suspend or terminate Tenant’s rights to enter the Suite 200 Expansion Space pursuant to this Section 8.4 if Landlord reasonably determines that such entry is endangering individuals working in the Suite 200 Expansion Space or is delaying completion of the Suite 200 Demising Work.

Appears in 1 contract

Samples: Research and Development/Office Lease (Affymax Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to may enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days Buildings prior to the Commencement DateDate to install fixtures and equipment therein, provided Tenant first obtains the prior written approval of Landlord for such entry, which approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of construction of the Improvements which Landlord is required to construct pursuant to EXHIBIT "C". Should If Landlord permits Tenant request occupancy to so enter upon the Premises, such entry shall be subject to all of Suite 2118 the terms and conditions of this Lease, excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 5(d) below). Tenant shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. Tenant shall at all times while exercising its right of entry, refrain from interfering with the construction activities of Landlord's personnel. In any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry upon the Premises by Tenant or Tenant's Agents prior to the Commencement DateDate or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. If the entry by Tenant or Tenant's Agents upon the Premises prior to the Commencement Date interferes with Landlord's construction activities, the parties will agree in writing upon a date certain for the commencement of then Landlord shall give Tenant written notice requesting that Tenant cease such occupancyinterference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if the rights and obligations entry by Tenant prior to the Commencement Date causes a delay in completing the construction of the Parties pursuant to this Lease with respect to Suite 2118Improvements, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, then the Commencement Date shall be effective upon deemed to have occurred on the date of the Improvements would have been completed had there been no such occupancy. Early occupancy delay caused by Tenant of or its a, employees, contractors or representatives. If Tenant does not immediately comply with notice from Landlord requesting that Tenant cease any portion of interference with Landlord's construction activities, Tenant shall be required to vacate the Premises, including Suite 2118, Premises and shall not cause have no further right to enter the expiration date of this Lease to be later or earlier than July 12, 2014Premises until the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Cisco Systems Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord (i) Tenant shall permit Tenant be permitted to enter upon the Premises from prior to the Commencement Date, and after the date upon delivery of full execution of this Lease possession by Landlord, for the purpose of monitoring the planning and construction of constructing the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT CImprovements, installing its furniture, fixtures Tenant's Personal Property in the Premises and telephone, internet and data communications cabling and wiring, excluding otherwise preparing the conduct of its businessPremises for Tenant's occupancy. Such early entry shall be at Tenant’s 's sole risk and shall be subject to all the terms and provisions hereofof this Lease, except for the payment of Monthly Rent Rent, which shall commence on the Commencement Date with respect to the Premises at 000 Xxxxxxxxx Xxxxx and on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation (the "Second Occupancy Date") which is sixty (60) days from the date that Landlord delivers possession of such Suites by the existing tenants, Premises at 000 Xxxxxxxxx Xxxxx to Tenant will be granted access with respect to such Suitesportion of the Premises. With respect to Suites not currently occupied by other tenantsIn no event, Tenant however, will the Second Occupancy Date be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth hereinearlier than April 1, 1998. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will Landlord shall have the right to occupy Suite 2118 up impose such additional conditions on Tenant's early entry as Landlord reasonably shall deem appropriate and shall have the right to ninety (90) days require that Tenant execute an early entry agreement containing such conditions prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior Tenant's early entry. (ii) Landlord anticipates that Landlord will be able to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations deliver possession of the Parties pursuant Premises at 000 Xxxxxxxxx Xxxxx to Tenant on or about January 1, 1998 and will be able to deliver possession of the Premises at 000 Xxxxxxxxx Xxxxx to Tenant on or about February 1, 1998. Tenant agrees that if Landlord, for any reason whatsoever, is unable to deliver possession of the Premises at 000 Xxxxxxxxx Xxxxx by January 1, 1998 or if Landlord is unable to deliver possession of the Premises at 000 Xxxxxxxxx Xxxxx by February 1, 1998. Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. If, however. Landlord is unable to deliver possession of the Premises at 000 Xxxxxxxxx Xxxxx to Tenant by April 1. 1998, Tenant shall have the right to terminate this Lease with respect to Suite 2118the entire Premises by delivery of written notice to Landlord no later than April 11, including1998. Furthermore, without limitationif Landlord is unable to deliver possession of the Premises at 000 Xxxxxxxxx Xxxxx to Tenant by March 1. 1999, Tenant’s obligation Tenant shall have the right to pay Rent terminate this Lease with respect to Suite 2118the Premises at 000 Xxxxxxxxx Xxxxx by delivery of written notice to Landlord no later than March 11, 1999. If Tenant elects to terminate this Lease with respect to the entire Premises or the Premises at 000 Xxxxxxxxx Xxxxx as permitted herein, Landlord shall be effective upon refund to Tenant the date Security Deposit, or in the event of a termination with respect to the Premises at 000 Xxxxxxxxx Xxxxx only, that portion of the Security Deposit allocable to such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118and any prepaid Rent allocable to the Premises at 000 Xxxxxxxxx Xxxxx and/or 000 Xxxxxxxxx Xxxxx, as applicable. (iii) If Tenant subleases all or any portion of the Premises at 000 Xxxxxxxxx Xxxxx to ActionTec Electronics, Inc., the tenant currently occupying 000 Xxxxxxxxx Xxxxx, then Tenant shall not cause be deemed to have accepted possession of such portion of the expiration date Premises as of this Lease February 1, 1998 subject to ActionTec's occupancy, April 1, 1998 shall be deemed to be later or earlier than July 12the Second Occupancy Date, 2014and Tenant shall commence paying Rent for the Premises at 000 Xxxxxxxxx Xxxxx as of April 1, 1998.

Appears in 1 contract

Samples: Lease Agreement (International Network Services)

Early Entry. After Subject to the terms and conditions of the Lease, governmental laws, rules and regulations and receipt of a Certificate of Insurance from Tenantthe Consent, Landlord shall permit Tenant Subtenant may enter into the Sublease Premises approximately two (2) weeks prior to enter upon the Premises from and after the anticipated date of full execution Sublandlord's completion of this Lease Sublandlord's Work, upon receipt of Sublandlord's written consent, which consent shall not be unreasonably conditioned or withheld and shall be granted or denied within two (2) business days, for the purpose of monitoring the planning making improvements and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures telephones, computers, photocopy equipment, and telephone, internet other business equipment and data communications cabling similar items and wiring, excluding the conduct of its businessrelated wiring and conduits. Such early entry shall be at Tenant’s sole risk and subject to all will not advance the terms and Commencement Date so long as Subtenant does not commence business operations from any part of the Sublease Premises. All of the provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety Sublease (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant Lease as incorporated herein) shall apply to this Lease with respect to Suite 2118Subtenant during any early entry, including, without limitation, Tenant’s the indemnities set forth in this Sublease (and the Lease as incorporated herein), but excluding the obligation to pay Basic Rent with respect to Suite 2118, shall be effective upon only unless and until Subtenant has commenced business operations in the date of such occupancy. Early occupancy by Tenant of any portion of the Sublease Premises, including Suite 2118whereupon the Commencement Date shall occur and Basic Rent shall immediately commence. If Subtenant is granted early entry, Sublandlord shall not cause be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Subtenant at the expiration date Sublease Premises or for any injury to Subtenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees, except to Sublandlord's or its agents', employees, contractors', subcontractors' or invitees' negligence or willful misconduct. Sublandlord and Landlord shall have the right to post appropriate notices of non-responsibility and to require Subtenant to provide Sublandlord with evidence that Subtenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Sublease (and the Lease to be later or earlier than July 12, 2014as incorporated herein).

Appears in 1 contract

Samples: Sublease (Tag Entertainment Corp)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to may enter upon the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days Buildings prior to the Commencement DateDate to install fixtures and equipment therein, provided Tenant first obtains the prior written approval of Landlord for such entry, which approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of construction of the Improvements which Landlord is required to construct pursuant to Exhibit C. If Landlord permits Tenant to so enter upon the Premises, such entry shall be subject to all of the terms and conditions of this Lease, excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 5(d) below). Should Tenant request occupancy shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. Tenant shall at all times while exercising its right of Suite 2118 entry, refrain from interfering with the construction activities of Landlord's personnel. In any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry upon the Premises by Tenant or Tenant's Agents prior to the Commencement DateDate or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. If the entry by Tenant or Tenant's Agents upon the Premises prior to the Commencement Date interferes with Landlord's construction activities, the parties will agree in writing upon a date certain for the commencement of then Landlord shall give Tenant written notice requesting that Tenant cease such occupancyinterference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if the rights and obligations entry by Tenant prior to the Commencement Date causes a delay in completing the construction of the Parties pursuant to this Lease with respect to Suite 2118Improvements, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, then the Commencement Date shall be effective upon deemed to have occurred on the date of the Improvements would have been completed had there been no such occupancy. Early occupancy delay caused by Tenant of or its a, employees, contractors or representatives. If Tenant does not immediately comply with notice from Landlord requesting that Tenant cease any portion of interference with Landlord's construction activities, Tenant shall be required to vacate the Premises, including Suite 2118, Premises and shall not cause have no further right to enter the expiration date of this Lease to be later or earlier than July 12, 2014Premises until the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Cisco Systems Inc)

Early Entry. After receipt Subject to the provisions of a Certificate of Insurance from TenantParagraph 45, Landlord (“Tenant Interior Improvements”) Tenant and its agents and contractors shall permit Tenant be permitted to enter upon the Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk cost and expense, Tenant’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and provisions hereofconditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 55 shall (i) be undertaken at Tenant’s sole risk, (ii) not interfere with or delay Landlord’s work in the Premises, and (iii) not be deemed occupancy or possession of the Premises for purposes of the payment Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney’s fees), claim or demand of Monthly Rent which shall whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant’s work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it’s interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenantsscheduled Commencement Date of August 1, immediately upon vacation 1999 regardless of such Suites by the existing tenants, Tenant will construction status of said interior improvements completed or to be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested completed by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have or Landlord. It is the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy intent of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for hereto that the commencement of Tenant’s obligation to pay Rent under the Lease not be delayed by any of such occupancycauses or by any other act of Tenant (except as expressly provided herein) and, and in the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitationevent it is so delayed, Tenant’s obligation to pay Rent with respect to Suite 2118, under the Lease shall be effective upon commence as of the date of such occupancy. Early occupancy it would otherwise have commenced absent delay caused by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Tenant.

Appears in 1 contract

Samples: Lease Agreement (Shutterfly Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord Tenant shall permit Tenant be permitted to enter upon the Premises from on the next business day after this Lease has been fully executed, and after Tenant has delivered to Landlord the date certificate of full execution insurance required under Paragraph 14(a) of this Lease Lease, for the purpose purposes of monitoring (i) constructing certain improvements to the planning and construction of the Tenant Improvements consisting of the Initial Installation Premises that have been approved by Landlord, in accordance with the provisions of EXHIBIT C, (ii) installing its Tenant’s furniture, fixtures and telephoneequipment in the Premises and otherwise preparing the Premises for Tenant’s occupancy, internet and data communications cabling and wiringand/or (iii) commencing occupancy of the Premises, excluding provided that Tenant’s early entry and/or occupancy does not interfere with the conduct completion of its businessthe Tenant Improvements. Such early entry and/or occupancy shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent Rent, which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such SuitesCommencement Date. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will Landlord shall have the right to occupy Suite 2118 up to ninety (90) days prior to impose such reasonable additional conditions on Tenant’s early entry and/or occupancy as Landlord shall deem appropriate, including limiting the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations area of the Parties pursuant Premises to this Lease with respect which Tenant has the right to Suite 2118, including, without limitationaccess and/or occupy at any time during construction of the Tenant Improvements. Tenant acknowledges that if Tenant elects to occupy a portion of the Premises during construction of the Tenant Improvements, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion use of the PremisesPremises and/or the operation of Tenant’s business may be disrupted by such construction. Landlord and Tenant agree to cooperate with each other to minimize any interference that Tenant’s occupancy may cause to the completion of the Tenant Improvements. Landlord shall no have no liability to Tenant, including Suite 2118however, shall not for any disruption or inconvenience that such construction may cause the expiration date of this Lease to be later or earlier than July 12, 2014Tenant’s business.

Appears in 1 contract

Samples: Lease Agreement (Silicon Image Inc)

Early Entry. After receipt Notwithstanding anything herein to the contrary, as of a Certificate of Insurance from the Expansion Premises Delivery Date (as defined below), Tenant and Tenant’s invitees may enter the Expansion Premises, Landlord shall permit Tenant to enter upon the Premises from and after the date of full execution of this Lease at Tenant’s sole risk, for the sole purpose of monitoring the planning and construction installation of the Expansion Premises Tenant Improvements consisting (as defined in Section 2.1 of the Initial Installation by LandlordExhibit B attached hereto and made a part hereof), in accordance with the provisions of EXHIBIT C, installing and its furniture, fixtures and telephoneequipment (collectively, internet the “FF&E”). Tenant’s occupancy of the Expansion Premises prior to the Expansion Premises Commencement Date shall be solely for the purpose of constructing the Expansion Premises Tenant Improvements and data communications cabling installing the FF&E (and wiring, excluding not for the conduct of its Tenant’s business. Such early entry ) and shall be at Tenant’s sole risk and subject to on all of the terms and provisions hereofconditions of the Lease as though the Expansion Premises Lease Team had commenced on the Expansion Premises Delivery Date, except the obligation to pay Rent. The “Expansion Premises Delivery Date” shall mean that date on which all of the following have occurred: (a) this Amendment is fully executed and delivered by Landlord and Tenant; and (b) Tenant has delivered to Landlord (i) Rent for the payment Expansion Premises Lease Month 6, and (ii) evidence of Monthly Rent which the insurance described in Article VII of the Lease. Tenant shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable give Landlord twenty-four (24) hours prior written notice of its initial entry into the Expansion Premises by Tenant or Tenant’s invitees pursuant to Landlord, and subject this Section 2(c) but thereafter shall not be required to Landlord’s provide Landlord with such notice. Tenant shall ensure that any entry by Tenant or its invitees does not unreasonably interfere with the construction or completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease work to be later or earlier than July 12, 2014performed by Landlord hereunder.

Appears in 1 contract

Samples: Lease (Rambus Inc)

Early Entry. After Upon receipt of a Certificate of Insurance written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the Premises is available for Tenant’s entry, Landlord Tenant and its agents and contractors shall permit Tenant be permitted to enter upon the Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk cost and expense, Tenant’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and provisions hereofconditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 2.C shall (i) be undertaken at Tenant’s sole risk, (ii) not interfere with or delay Landlord’s work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the payment Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney’s fees), claim or demand of Monthly Rent which shall whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant’s work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of its interior improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of (x) occupancy of any portion of the Premises by any of Tenant’s operating personnel pursuant to Paragraph 2.B(b) (“Term: Tender of Possession”) above, or (y) the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied Landlord would have completed the Tenant Improvements but for the delay caused by other tenants, immediately upon vacation Tenant regardless of such Suites the construction status of said interior improvements completed or to be completed by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to or Landlord, and subject to Landlord’s completion as the case may be. It is the intent of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for hereto that the commencement of Tenant’s obligation to pay Rent under the Lease not be delayed by any of such occupancycauses or by any other act of Tenant (except as expressly provided herein) and, and in the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitationevent it is so delayed, Tenant’s obligation to pay Rent with respect to Suite 2118, under the Lease shall be effective upon commence as of the date of such occupancyit would otherwise have commenced absent delay caused by Tenant. Early occupancy by Tenant of any portion It is agreed in the event said Lease commences on a date other than the first day of the Premises, including Suite 2118, shall not cause month the expiration date Term of this the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be later or earlier than July 12, 2014.pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A. 2 of 25 991719 v2/SF BUILDING: Marriott 12 PROPERTY: 01-0112 UNIT: 2 LEASE ID: 0112-BECE01-01

Appears in 1 contract

Samples: Lease Agreement (Beceem Communications Inc)

Early Entry. After receipt Tenant may enter the Expansion Space before the Expansion Effective Date (but not before the date that Landlord reasonably estimates will occur 30 days before the Expansion Effective Date), solely for the purpose of installing telecommunications and data cabling and installing equipment, furnishings and other personal property in the Expansion Space. Other than the obligation to pay Base Rent and Tenant’s Share of any Expense Excess or Tax Excess, all of Tenant’s obligations hereunder shall apply during any period of such early entry. square feet known as Suite 275 on the second floor of the Building shown on the demising plan attached to the Amendment as Exhibit D. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Certificate of Insurance from TenantPotential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall permit provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of the Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of the Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter upon into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the Premises from and terms set forth in the Advice, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within five (5) days after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Advice.

Appears in 1 contract

Samples: Lease Agreement (Coherus BioSciences, Inc.)

Early Entry. After receipt Subject to terms of a Certificate of Insurance from Tenantthis Section 3.C, Landlord shall permit Tenant to enter upon the Premises from and after latest of (i) the date Sublandlord obtains the Consent (as defined below) of full execution Master Landlord and Prime Sublandlord to this Sublease, and (ii) Subtenant’s delivery of this Lease the Prepaid Rent (as defined below), the Security Deposit and the required insurance certificates to Sublandlord (collectively, the “Deliverables”), Subtenant may access the Sublease Premises prior to the Sublease Commencement Date for the sole purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, (i) installing its furniture, fixtures and telephoneequipment, internet and data communications cabling (ii) coordinating Subtenant’s move into the Sublease Premises, and wiringin no event shall Subtenant be permitted to conduct business during the Early Entry Period. During the Early Entry Period, excluding the conduct of its business. Such early entry Subtenant shall be at Tenant’s sole risk and subject to all of the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution conditions of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety Sublease (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenantthe obligation to deliver any insurance certificates required herein and the indemnity obligations), except that Subtenant shall not be required to pay Base Rent and Subtenant’s Proportionate Share of the Expenses and costs for services provided by Prime Sublandlord pursuant to Section 4.B(iii). Subtenant shall not in any way interfere with the progress or performance of the Subtenant Improvements and Sublandlord shall have the right to impose such additional reasonable conditions on Subtenant’s early entry as Sublandlord deems appropriate. If Sublandlord reasonably determines that early access by Subtenant is an impediment to the progress of the Subtenant Improvements, upon Sublandlord’s request, Subtenant’s early access shall be temporarily suspended until such impediment is cured to Sublandlord’s reasonable satisfaction. The date upon which Sublandlord delivers the Sublease Premises to Subtenant for the early entry period described herein shall be the “Early Entry Date”, and the “Early Entry Period” shall be the period commencing on the Early Entry Date and ending on the day immediately prior to the Sublease Commencement Date. Subtenant shall coordinate such entry into the Sublease Premises with Sublandlord. Subtenant shall indemnify, defend, protect, and hold harmless Sublandlord and the Sublandlord Parties from any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys’ fees) incurred in connection with or arising from Subtenant’s actions or access to the Sublease Premises pursuant to this Paragraph 3.C. Notwithstanding anything to the contrary, if as of the date that Sublandlord would otherwise deliver the Sublease Premises to Subtenant for early entry, Subtenant has not delivered to Sublandlord the Deliverables, then Sublandlord will have no obligation to deliver the Sublease Premises to ​ ​ ​ Subtenant, but the failure on the part of Sublandlord to so deliver the Sublease Premises to Subtenant in such event will not serve to delay the occurrence of the Early Entry Date or Sublease Commencement Date, or affect the commencement of Subtenant’s obligations to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancyset forth in this Sublease. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 1 contract

Samples: Sublease (Corvus Pharmaceuticals, Inc.)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord Tenant and its agents and contractors shall permit Tenant be ----------- permitted to enter upon the Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring the planning installing at Tenant's sole cost and construction expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant Improvements consisting shall not be ' required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 3.B shall (i) be undertaken at Tenant's sole risk, (ii) not --------- interfere with or delay Landlord's work in the Premises, and (iii) not be deemed occupancy or possession of the Initial Installation Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in accordance with the provisions event Tenant has not completed construction of EXHIBIT Cit's interior improvements by the scheduled Commencement Date, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding it is agreed between the conduct Initial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 2 of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 parties that this Lease will commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation scheduled Commencement Date of such Suites by regardless of the existing tenants, Tenant will construction status of said interior improvements completed or to be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested completed by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have or Landlord. It is the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy intent of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for hereto that the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s 's obligation to pay Rent with respect under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to Suite 2118, pay Rent under the Lease shall be effective upon commence as of the date of such occupancy. Early occupancy it would otherwise have commenced absent delay caused by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014Tenant.

Appears in 1 contract

Samples: Lease Agreement (Opti Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant If TENANT is permitted entry to enter upon the Leased Premises from and after prior to the date of full execution of this Lease Commencement Date for the purpose of monitoring installing fixtures or any other purpose permitted by LANDLORD, the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall will be at TenantTENANT’s sole risk and subject to all the terms and provisions hereofof this LEASE as though the Commencement Date had occurred, except for the payment of Monthly Rent rent, which shall will commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request TENANT, its agents, or employees will not interfere with or delay LANDLORD’s completion of construction of the improvements. All rights of TENANT under this Section 3.2 will be subject to the requirements of all applicable building codes, zoning requirements, and federal, state, and local laws, rules, regulations and other Applicable Requirements, and shall be exercised solely in a manner which does not interfere with or delay LANDLORD’s compliance with any Applicable Requirements, including the obtaining of a certificate of occupancy for the Leased Premises. LANDLORD retains the absolute right, in Landlord’s sole discretion, to impose additional conditions on TENANT’s early entry which LANDLORD, in its sole discretion, deems appropriate. TENANT agrees, as conditions of Suite 2118 such early entry: (i) to indemnify and to hold LANDLORD free and harmless from any claims, damages or losses arising out of such early entry into possession, and (ii) to deliver to LANDLORD written proof of TENANT’s full compliance with the insurance provisions of this LEASE. LANDLORD may require that TENANT execute an early entry agreement confirming other conditions of early entry prior to the date of TENANT’s early entry (the “Early Entry Date”), or to refuse or terminate any right of early entry at any time. Notwithstanding any grant by LANDLORD to TENANT of permission to receive early entry to the Leased Premises: (a) such permission shall not be deemed permission to make any use of any other portions of the project or common areas without the prior written consent of LANDLORD to such use; and (b) LANDLORD shall not have any obligations to maintain, repair or alter the Leased Premises, nor have any liability respecting the condition of the Leased Premises during such early entry period, except and unless specifically provided by written agreement hereafter made with respect to any early entry period. If TENANT commences to use the Leased Premises for its proposed use prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, then rent shall be effective upon paid on a prorata basis during such period of use. TENANT shall transfer the date of such occupancy. Early occupancy by Tenant of electrical utility into its responsibility prior to any portion of early entry into the Leased Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 1 contract

Samples: Standard Business Park Lease (Sonendo, Inc.)

Early Entry. After receipt of a Certificate of Insurance from TenantProvided no Default then exists, Landlord shall permit Tenant to enter upon the Premises from and after October 1, 2008 through and including November 2, 2008 (such period, the date of full execution of this Lease for “Early Access Period”), Sublessor shall permit Subtenant reasonable access to the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with Sublet Premises (subject to the provisions of EXHIBIT Cthis subsection (b)) for purposes of surveying telecommunications requirements and for installing, installing its furnitureat Subtenant’s sole cost and expense, fixtures and telephone, internet voice and data communications systems, telecommunications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and wiring (subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) days prior to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118Sublease, including, without limitation, TenantSection 15 of this Sublease) in the Sublet Premises. Such access to the Sublet Premises shall be at no charge to Subtenant, but in no event shall Subtenant be permitted to commence business operations in the Sublet Premises prior to the Sublease Commencement Date. Notwithstanding the foregoing, neither Subtenant nor any agent, contractor, representative, employee or invitee of Subtenant (collectively, “Invitee”) shall enter the Sublet Premises during the Early Access Period during those times that Sublessor determines, in its reasonable discretion, that such entry will interfere with activities of Sublessor or Sublessor’s obligation to pay Rent agents or employees in the Sublet Premises. In such event, Sublessor shall notify Subtenant of specific times during which Subtenant may make such entry. During the Early Access Period, neither Subtenant nor any of its Invitees shall delay or otherwise inhibit the work being performed in the Sublet Premises by Sublessor or Sublessor’s agents or employees. Sublessor shall have no responsibility with respect to Suite 2118any items placed in the Sublet Premises by Subtenant or any Invitee prior to the Sublease Commencement Date. Subtenant must schedule with Sublessor, in advance, any access to the Sublet Premises during the Early Access Period. Subtenant shall be effective upon reimburse Sublessor, within thirty (30) days after invoice, all costs associated with access during the date Early Access Period, including, without limitation, engineering charges or overtime/extra hours service charges associated with non-business hour access to the Building. Subtenant shall remove all debris and materials promptly (and in any case no later than the end of each day), and shall use diligent efforts to minimize disruption to the Sublet Premises during times of such occupancyearly access. Early occupancy by Tenant Subtenant’s access to telecommunications closets in the Building Common Area must be scheduled with Landlord and performed in accordance with Building rules regarding such access; Sublessor shall use commercially reasonable efforts (at no cost to Sublessor) to assist in scheduling such entry, but Sublessor shall not be liable for any delays or denials of any portion Landlord in granting such access. Notwithstanding anything in this Sublease to the contrary, all of the Premisesprovisions of this Sublease (including, including Suite 2118without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that during such period Subtenant shall not cause the expiration date of this Lease be obligated to be later pay Annual Base Subrent or earlier than July 12, 2014Additional Subrent.

Appears in 1 contract

Samples: Sublease Agreement (Rosetta Stone Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to enter upon During the Premises from and after the date of full execution of this Lease for the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant’s sole risk and subject to all the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have the right to occupy Suite 2118 up to ninety (90) 60 days prior to the Commencement Date, Tenant, along with its contractors, may enter the Leased Premises, with no obligation to pay rent, for the purpose of installing Tenant's furniture and business and trade fixtures and equipment. Should Such installation is to be performed in accordance with the applicable provisions of Section 4.2. Such prior occupancy by Tenant request is to be arranged so as not to result in any delay in the overall construction effort of, or additional cost to, Landlord and so as not to create a jurisdictional dispute with any of the building trades employed by Landlord. Tenant will not be charged for the use of elevators, hoists or Building services during such installation work in the Leased Premises or Tenant's actual move into the Building, unless such use results in an additional charge to Landlord, in which case Tenant is to reimburse Landlord upon demand the amount of the additional charge. Prior to any such early entry, Tenant must give Landlord reasonable prior written notice, and, as a condition to such entry by Tenant for such purposes, Tenant is to deliver to Landlord evidence that the insurance required to be carried by Tenant pursuant to the provisions of Section 7.2 is in effect. If Tenant's prior occupancy of Suite 2118 under this Section results in a delay in the overall construction effort of, or additional cost to, Landlord, Landlord is to give Tenant written notice thereof, and Tenant is to, on demand, reimburse Landlord for all such costs or damages incurred by Landlord. Notwithstanding anything herein to the contrary, if the Leased Premises are available for occupancy prior to August 1, 2002, Tenant may move in and occupy the premises prior to August 1, 2002 with no obligation to pay rent and such prior occupancy will not affect the Commencement Date, the parties will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118, shall be effective upon the date of such occupancy. Early occupancy by Tenant of any portion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease to be later or earlier than July 12, 2014.

Appears in 1 contract

Samples: Lease Agreement (D & K Healthcare Resources Inc)