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

Sources: 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

Sources: 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 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

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

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

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

Early Entry. After receipt Subject to the following provisions of a Certificate of Insurance from Tenantthis Section 2.3, Landlord Tenant shall permit Tenant have the right to enter upon the Premises from and after no earlier than fifteen (15) days prior to 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 LandlordPossession Date to install phone systems, in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephoneequipment, internet etc. and data communications cabling and wiring, excluding the conduct of its business. Such such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant’s 's sole risk risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the terms and provisions hereof, period of any such early entry except for the payment of Monthly Rent which shall commence on Rent, (iv) prior to entry upon the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied Premises by other tenants, immediately upon vacation of such Suites by the existing tenantsTenant, 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, (v) Tenant and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice its agents and contractors agree to Landlordcomply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and subject (vi) Tenant agrees to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect theretoindemnify, 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 Dateprotect, the parties will agree in writing upon a date certain for the commencement of such occupancy, defend and save Landlord and the rights Premises harmless from and obligations against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of the Parties pursuant to this Lease with respect to Suite 2118, action and claims (including, without limitation, Tenant’s obligation to pay Rent with respect to Suite 2118attorneys' fees and legal costs) arising out of the early entry, shall be effective upon use, construction, or occupancy of the date of such occupancy. Early occupancy Premises by Tenant of any portion of the Premisesor its agents, including Suite 2118, shall not cause the expiration date of this Lease to be later employees or earlier than July 12, 2014contractors.

Appears in 2 contracts

Sources: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)

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 ▇▇▇▇▇▇▇▇’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 ▇▇▇▇▇▇’s actions are interfering with ▇▇▇▇▇▇▇▇’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

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

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

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

Sources: Sublease (ConforMIS Inc), Sublease (ConforMIS 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

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

Sources: Lease Agreement (Beceem Communications Inc)

Early Entry. After receipt of a Certificate of Insurance from TenantProvided that Tenant and its agents will not, in Landlord’s sole discretion, interfere with the Contractor’s work in the Building and the Premises and subject to the terms hereof, Landlord shall permit allow Tenant access to enter upon the Premises from and after prior to the date of full execution Substantial Completion of this Lease the Leasehold Improvements for the purpose of monitoring Tenant installing equipment or trade fixtures (including Tenant’s data and telephone equipment, transmission cables and lines, and interior permanent and non-permanent improvements) in the planning and construction Premises only. Landlord shall provide Tenant with sixty (60) days’ advance written notice of Landlord’s good-faith anticipated date of Substantial Completion 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 businessLeasehold Improvements. Such early entry shall be at Prior to Tenant’s sole risk and subject to all entry into the Premises as permitted by 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 tenants10, Tenant will be granted access shall submit a schedule to such SuitesLandlord and the Contractor, for their reasonable approval, which schedule shall detail the anticipated timing and purpose of Tenant’s entry. With respect to Suites not currently occupied by Without limiting the foregoing, Tenant’s senior management, construction manager and other tenantsdesignated representatives shall have the right, 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 advance written notice to Landlord, to enter the Premises during the construction of the Leasehold Improvements to observe the progress thereof and subject to Landlordfacilitate Tenant’s completion of plans for fixturizing and using the Premises. Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against 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 loss or damage to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior Building or Premises and against injury 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 any persons caused by Tenant’s actions 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 occupancyParagraph 10. 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.EXHIBIT “C” - Page 7

Appears in 1 contract

Sources: Sublease (Celladon Corp)

Early Entry. After receipt of a Certificate of Insurance from TenantNotwithstanding anything to the contrary in Paragraphs 2B and ----------- 2C, 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 of the Tenant Improvements consisting of the Initial Installation by Landlordexpense, in accordance with the provisions of EXHIBIT C, installing its furniture, Tenant's trade fixtures and telephoneequipment, internet telephone equipment, security systems and data communications cabling and wiring, excluding the conduct of its businessfor computers. Such early entry shall be at Tenant’s sole risk and subject to all of the terms and provisions hereofconditions of this Lease, except for the payment of Monthly that Tenant shall not be required to pay any 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 Suitesaccount thereof. 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 Any entry or installation work by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have and its agents in 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 Premises pursuant to this Lease Paragraph 40 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with respect to Suite 2118or 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 limitationlimiting thereby the generality of the foregoing, Tenant’s obligation injury to pay Rent with respect or death of persons and damage to Suite 2118, shall be effective upon or loss of property arising out of the date of such occupancy. Early occupancy exercise by Tenant of any portion early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the Premisesinterior improvements to be provided by Landlord, including Suite 2118if any, shall or in the event Tenant has not cause completed construction of it's interior improvements by the expiration date of scheduled Page 9 Initial: /s/ MS MCD MRB --------------------- Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of June 1, 1995 regardless of the construction status of said interior improvements completed or to be later completed by Tenant or earlier than July 12, 2014Landlord.

Appears in 1 contract

Sources: Lease Agreement (Hiway Technologies 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

Sources: Sublease (Corvus Pharmaceuticals, Inc.)

Early Entry. After Upon receipt of a Certificate of Insurance written notice from Landlord 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 installing at Tenant's sole cost and construction of the Tenant Improvements consisting of the Initial Installation by Landlordexpense, in accordance with the provisions of EXHIBIT C, installing its furniture, Tenant's trade fixtures and telephoneequipment, internet telephone equipment, security systems and data communications cabling and wiring, excluding the conduct of its businessfor computers ("Tenant's Work"). Such early entry shall be at Tenant’s sole risk and subject to all of the terms and provisions hereofconditions of this Lease, except for the payment of Monthly that Tenant shall not be required to pay any 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 Suitesaccount thereof. 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 Any entry or installation work by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have and its agents in 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 Premises pursuant to this Lease with respect to Suite 2118Paragraph 47 shall (i) be undertaken at Tenant's sole risk, and (ii) 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, Tenant’s obligation injury to pay Rent with respect or death of persons and damage to Suite 2118, shall be effective upon or loss of property arising out of the date of such occupancy. Early occupancy exercise by Tenant of any portion early entry right granted hereunder. In the event Tenant's Work in said Premises delays the completion of the Premisesinterior improvements to be provided by Landlord, including Suite 2118if any, shall or in the event Tenant has not cause completed Tenant's Work by the expiration date of scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of May 1, 2003 regardless of the construction status of said interior improvements completed or to be later completed by Tenant or earlier than July 12Landlord, 2014as the case may be, unless the parties agree in writing to delay the Lease Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (First Virtual Communications 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

Sources: Summit Office Lease (Avanir Pharmaceuticals, 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

Sources: Lease Agreement (Schrodinger, Inc.)

Early Entry. After receipt of a Certificate of Insurance from (a) Commencing on the Effective Date and continuing through the Contingency Date ("Tenant's Early Entry Period"), Landlord Tenant and its agents, contractors, engineers and other duly authorized representatives shall permit Tenant have the right to enter upon the Premises from and, at Tenant's sole cost and after the date of full execution of this Lease for the purpose of monitoring the planning expense, to perform such economic, surveying, engineering, topographic, environmental, marketing and construction of the other tests, studies and investigations (collectively, "Tenant's Investigations") as Tenant Improvements consisting of the Initial Installation by Landlordreasonably deems appropriate, in accordance with the provisions of EXHIBIT Cprovided, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry all Tenant's Investigations 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 conducted 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 manner that minimizes 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 disruption to the Commencement Date. Should Tenant request occupancy of Suite 2118 prior to the Commencement DatePremises, the parties will agree in writing upon a date certain for the commencement of such occupancyShopping Center, and the rights activities of Landlord and obligations all of Landlord's tenants and the customers thereof ("Tenant's Early Entry Right"). Tenant shall provide Landlord with copies of any environmental reports derived from Tenant's Investigations within five (5) days after receipt of the Parties pursuant to this Lease with respect to Suite 2118same. Tenant's Investigations shall not include any intrusive testing, including, without limitation, Tenant’s obligation a Phase II environmental assessment or boring, without submitting to pay Rent Landlord the proposed scope and nature of the inspections, and obtaining the prior written consent of Landlord to proceed with respect the same. In the event this Lease is terminated on or before the Contingency Date as provided in Section 1.05 hereof, Tenant shall promptly (i) restore the Premises to Suite 2118, shall be effective upon substantially the same condition existing as of the date of such occupancy. Early occupancy by that Tenant of any portion of or its agents, contractors, engineers and other duly authorized representatives first entered upon the Premises, and (ii) vacate the Premises (including, without limitation, removal from the Premises of all equipment, debris and waste). Tenant shall hold Landlord harmless and indemnify Landlord from and against any and all liens, claims, demands, judgments, damages, penalties, fines, costs, losses or expenses, including Suite 2118but not limited to reasonable attorneys' fees, that may arise as a result of Tenant's Investigations and/or entry on to the Premises by Tenant or its employees, agents, contractors, engineers or other duly authorized representatives during Tenant's Early Entry Period. Tenant's aforesaid obligations shall not cause survive the expiration date termination of this Lease. (b) In the event that the results of Tenant's Investigations are not satisfactory to Tenant, Tenant shall have the right to terminate this Lease in the manner and at the times set forth in Section 1.05 hereof. (c) All information obtained by Tenant from Tenant's Investigations shall be deemed to be later or earlier than July 12"Confidential Information". Except for disclosure to prospective subtenants and prospective lenders (who shall keep such information confidential) and as otherwise required by law, 2014Tenant shall (i) keep confidential all Confidential Information and not disclose of the same without the prior written consent of Landlord, and (ii) use, and permit its representatives to use, Confidential Information exclusively in connection with the transaction contemplated by this Lease.

Appears in 1 contract

Sources: Ground Lease Agreement (Retail Ventures Inc)

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

Sources: Industrial Lease (Cutter & Buck 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 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 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 not limited 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 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 parties that this Lease will commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenantsschedule Commencement Date of August 1, immediately upon vacation 1996 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 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

Sources: Lease Agreement (Com21 Inc)

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

Sources: Lease (Apria Healthcare Group 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

Sources: Lease Agreement (Opti 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

Sources: Lease Agreement (Opti 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

Sources: Sublease (Intermix Media, 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 the date of full execution of this Lease for that is thirty (30) days immediately prior to the purpose of monitoring Sub-Sublease Commencement Date (such period, the planning and construction of “Early Access Period”), Sub-Subtenant shall be permitted to access the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with Sub-Subleased Premises (subject to the provisions of EXHIBIT Cthis subsection (b)) for purposes of inspecting same, surveying requirements, moving, and installing its furniture, fixtures and telephonefixtures, internet equipment, voice and data communications systems, telecommunications cabling and wiring, excluding wiring in the conduct of its business. Such early entry shall be at Tenant’s sole risk and Sub-Subleased Premises (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 2118Sub-Sublease, including, without limitation, TenantSection 7 of this Sub-Sublease). Such access to the Sub-Subleased Premises shall be subject to commercially reasonable prior notice to and prompt approval by Sub-Sublandlord (each of which notice and approval may be telephonic or by email correspondence), and shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Notwithstanding the foregoing, neither Sub-Subtenant nor any agent, contractor, representative, employee or invitee of Sub-Subtenant (collectively, “Invitee”) shall enter the Sub-Subleased Premises during the Early Access Period during those times that Sub-Sublandlord determines, in its reasonable discretion, that such entry will interfere with activities of Sub-Sublandlord or Sub-Sublandlord’s obligation agents or employees in the Sub-Subleased Premises. Prior to pay Rent each such event, Sub-Sublandlord shall notify Sub-Subtenant of specific times during which Sub-Subtenant may make such entry. During the Early Access Period, neither Sub-Subtenant nor any of its Invitees shall delay or otherwise inhibit the work being performed in the Sub-Subleased Premises by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to Suite 2118any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date. Sub-Subtenant shall reimburse Sub-Sublandlord, shall within thirty (30) days after invoice, all costs actually incurred by Sub-Sublandlord associated with Sub-Subtenant’s access during the Early Access Period, including (i) costs which are billed to Sub-Sublandlord by Sublandlord, including, without limitation, engineering charges or overtime/extra hours service charges associated with non-business hour access to the Building, if any, and (ii) costs incurred by Sub-Sublandlord in repairing or replacing any damage to the Sub-Subleased Premises required to be effective upon repaird by Sublandlord under the date Sublease or (iii) costs incurred by Sub-Sublandlord in repairing or replacing damage to any property or equipment located therein and required to be repaired by Sublandlord under the Sublease, which damage, in the case of such occupancy(ii) and (iii) above, was caused by Sub-Subtenant or its Invitees. Early occupancy by Tenant of any portion Notwithstanding anything in this Sub-Sublease to the contrary, all of the Premisesprovisions of this Sub-Sublease (including, including Suite 2118without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that during such period Sub-Subtenant shall not cause the expiration date of this Lease be obligated to be later or earlier than July 12, 2014pay Rent.

Appears in 1 contract

Sources: Sub Sublease Agreement (Rosetta Stone 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

Sources: Office Lease (Channeladvisor Corp)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to enter upon Notwithstanding the Premises from and after fact that the date of full execution term of this Lease does not commence until the later of Substantial Completion of Landlord’s Work or December 1, 2023, Tenant shall have the right to enter into the Premises ten (10) business days prior to occupancy, subject to all terms and conditions of this Lease, for the purpose installation of monitoring the planning equipment and construction trade fixtures. The foregoing right of early entry shall be subject to each of the Tenant Improvements consisting following terms and conditions: (a) Tenant's entry prior to the commencement of the Initial Installation by Lease shall not materially interfere with the construction or completion of any Landlord's Work or cause labor difficulties; (b) Tenant's entry prior to the Lease Commencement Date shall be deemed to be on, and shall be subject to, all of the terms and conditions of the Lease, other than the obligation to pay Basic Monthly Rent and Additional Rent; (c) Tenant must, and hereby does, agree to indemnify, defend, and hold harmless Landlord and Landlord's agents, employees, and contractors against all claims, liability, and damages arising from Tenant's entry prior to the Lease Commencement Date in accordance with the indemnity provisions under the Lease; (d) Tenant's entry prior to the Lease Commencement Date does not constitute the commencement of EXHIBIT the Lease; and (e) Landlord will permit entry by ▇▇▇▇▇▇'s contractors into the Premises for the purposes of performing Tenant's Work, if any (as defined in Exhibit "C"), installing its furnitureprior to the Lease Commencement Date, 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 satisfaction of the terms and provisions hereof, except for the payment of Monthly Rent which shall commence on the date conditions 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 Landlordin Exhibit “C”, and subject (f) Tenant shall have provided proof of insurance (including early access insurance) 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 Landlord 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 accessing 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

Sources: Office Lease Agreement (IDEAYA Biosciences, 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 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

Sources: Sublease (Tag Entertainment Corp)

Early Entry. After receipt of a Certificate of Insurance from Upon request by Tenant, Landlord shall permit Tenant and its contractors to enter upon the Premises from prior to Substantial Completion of the Turnover Work, in order that Tenant may perform the Tenant Finish Work (defined on Exhibit B-2) while Landlord's contractors are working (an "Early Entry"). This license to enter prior to Substantial Completion of Turnover Work is subject to the following conditions: (1) Tenant's contractor(s) must work in harmony and after not interfere with Landlord's contractors and subcontractors; (2) prior to commencement of the date work by Tenant's contractor(s), Tenant must deliver evidence to Landlord of full execution compliance with the requirements of Paragraph 8; and (3) Tenant is subject to all terms of this Lease for other than 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 Base Rent and Tenant's share of electricity and Operating Expenses. Landlord may revoke this license upon forty-eight (48) hours' notice to Tenant if the entry causes disharmony or interference with respect to Suite 2118the Turnover Work. NO LANDLORD INDEMNITEE IS LIABLE IN ANY WAY FOR ANY INJURY, shall be effective upon the date of such occupancyLOSS, OR DAMAGE THAT OCCURS TO ANY OF TENANT'S DECORATIONS OR INSTALLATIONS MADE PRIOR TO SUBSTANTIAL COMPLETION OF THE TURNOVER WORK, THE ENTRY BEING SOLELY AT TENANT'S RISK. Early occupancy by Tenant of any portion of the PremisesTENANT SHALL INDEMNIFY, including Suite 2118DEFEND, shall not cause the expiration date of this Lease to be later or earlier than July 12AND HOLD LANDLORD INDEMNITEES HARMLESS FROM ANY CLAIMS ARISING FROM ACTIVITIES OF TENANT'S CONTRACTORS, 2014WORKERS, AND MECHANICS, EVEN IF DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OR STRICT LIABILITY OF ANY LANDLORD INDEMNITEE.

Appears in 1 contract

Sources: Office Lease (Hallmark Financial Services 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

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

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant to enter upon Immediately following the Premises from and after the date of full execution of this Lease for Second Amendment, Tenant and its approved vendors and/or contractors shall have the purpose of monitoring right to enter the planning New Premises (i) to move Tenant’s furniture, furnishings, equipment and construction inventory in the New Premises, and (ii) to install Tenant’s telephone and telecommunication wiring and cabling in the New Premises (and perform the New Premises TIs, subject to Tenant’s compliance with the terms of the Section 3(i)8.(i) below and the last sentence of Section 3(i)1. below), provided that such entry or performance of work shall not delay the completion of any work required to be performed by Landlord to place the New Premises in the condition required by the first sentence of Section 3(a) below. Any entry into the New Premises by Tenant, its agents, employees, vendors and/or contractors prior to the New Premises Commencement Date shall be at the sole risk of Tenant, and Tenant Improvements consisting hereby releases Landlord, its agents, contractors, subcontractors and employees, from any and all liability, cost, damage, lien, action, cause of action, judgment, expense, and claim for injury (including bodily injury, death, or property damage) incurred or suffered by Tenant in or about the Initial Installation New Premises during the performance of any work in the New Premises by Landlord or its contractors or subcontractors prior to the New Premises Commencement Date in order to place the New Premises in the condition required by the first sentence of Section 3(a) below (except to the extent caused 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 ’s gross negligence or willful misconduct). If Tenant or any of its business. Such early agents, employees, vendors or contractors enter the New Premises prior to the New Premises Commencement Date as provided above, then such entry shall be at Tenant’s sole risk and subject to upon 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 conditions of the Parties pursuant to Amended Lease, as amended by this Lease with respect to Suite 2118, Second Amendment (including, without limitation, Tenant’s obligation obligations regarding indemnity and insurance), except that Tenant shall not be obligated to pay New Premises Base Rent prior to the New Premises Commencement Date and shall not be obligated to pay Tenant’s Share of Common Operating Expenses with respect to Suite 2118the New Premises only prior to the New Premises Commencement Date. If Tenant or any of its agents, employees, vendors or contractors intend to enter the New Premises prior to the New Premises Commencement Date, Tenant shall be effective upon provide (and cause its vendors and contractors to provide) Landlord with insurance certificates evidencing that required insurance is being maintained. The preceding to the date of such occupancy. Early occupancy contrary notwithstanding, if any work or other activities in the New Premises by Tenant or any of any portion its agents, employees, vendors, contractors or other representatives prior to the New Commencement Date would delay the completion of the Premises, including Suite 2118, shall not cause the expiration date of this Lease work to be later performed by Landlord in order to place the New Premises in the condition required by the terms of the first sentence of Section 3(a) below, Tenant shall, upon Landlord’s request, cease, or earlier than July 12cause to be ceased, 2014such work or activities, as the case may be, until such time that Tenant may resume its work or activities without so interfering with Landlord’s or its contractors’ or subcontractors’ completion of the work required to be performed by Landlord to place the New Premises in the condition required by the terms of the first sentence of Section 3(a) below.

Appears in 1 contract

Sources: Lease (Oclaro, Inc.)

Early Entry. After Subject to the provisions of Paragraph 9 (“As Is Basis”), 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 (“Tenant’s Work”). 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, provided none of Tenant’s operating personnel occupy said Premises. 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 Tenant’s Work by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the date set forth in 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 pursuant to Paragraph 4.B. Whereupon certain Suites are currently occupied 2.B(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of November 1, 2006 regardless of the construction status of said interior improvements completed or to be 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 4.A.

Appears in 1 contract

Sources: Lease Agreement (Quark Pharmaceuticals 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

Sources: Lease Agreement (Cisco Systems Inc)

Early Entry. After receipt At such time as Landlord notifies Tenant that Early Entry (defined below) is permissible, Tenant will have a right of access to the Premises during construction for the purposes of Tenant's public relations, marketing, information technology, security systems, furniture, fixtures, and equipment contractors and a Certificate reasonable opportunity for introduction and storage of Insurance from Tenant, 's materials and equipment ("Early Entry"). Landlord shall permit Tenant have the right to enter withdraw such right of access for any reason upon twenty-four (24) hours' written notice to Tenant. 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 from and after during such Early Entry period, except to 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 extent caused by Landlord's gross negligence or willful misconduct. Tenant shall indemnify, defend and hold harmless Landlord for, from, against and regarding all claims, loss, liabilities, costs, damages, fees and expenses arising out of or related to the activities of Tenant or its employees, contractors, agents, suppliers or invitees in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding Premises. Tenant shall not allow any liens to attach to the conduct Premises as a result of its businessactivities during Early Entry. Such early entry Tenant shall be responsible for and shall promptly repair any damage to the Premises or Landlord's Work therein arising out of Tenant's Early Entry onto the Premises hereunder. Tenant acknowledges and agrees that any Early Entry by or on behalf of Tenant shall be at Tenant’s 's sole risk and subject that, prior 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 any such Suites by the existing tenantsEarly Entry, Tenant will be granted access shall deliver to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution Landlord the certificates of insurance required under Paragraph 13.2 of this Lease and provision of a Certificate of Insurance as set forth hereinLease. 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 responsible for coordinating its work schedule with the date of such occupancyschedule for Landlord's Work. Early occupancy by Tenant Neither Tenant, its agents, employees nor contractors shall interfere with construction of any portion of the PremisesLandlord's Work so as to cause delay or additional cost to Landlord in Landlord's performance of its obligations hereunder. If, including Suite 2118in Landlord's reasonable discretion, any such interference occurs, Tenant shall not cease (or cause the expiration date cessation of) such interference immediately following notice from Landlord thereof and the failure of Tenant to cease (or cause the cessation of) such interference shall be deemed a Delay. The Expiration Date shall be unchanged by such Early Entry. All provisions of this Lease to shall be later or earlier than July 12in effect from the date of Early Entry; however, 2014Base Rent shall be abated until the Commencement Date.

Appears in 1 contract

Sources: Office Lease (Nautilus, 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

Sources: Sublease Agreement (Covad Communications Group 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

Sources: Lease Agreement (Coherus BioSciences, Inc.)

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 Upon full execution of this Lease the Lease, Tenant and its agents and contractors shall be permitted to enter the Premises prior to the 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. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 2.0 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 Multi Tenant/Single Parcel Page 2 of 43 BUILDING: Ardenwood I-4 PROPERTY: 1-0514 UNIT: 1 LEASE ID: 0514-WAFE01-01 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 of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct event Tenant has not completed construction of its business. Such early entry shall be at Tenant’s sole risk and subject to all interior improvements, if any, by the terms and provisions hereofscheduled Commencement Date, except for it is agreed between the payment of Monthly Rent which shall parties that this Lease will commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied scheduled Commencement Date of March 1, 2016 regardless of the construction status of said interior improvements completed or to be 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 4.A.

Appears in 1 contract

Sources: Lease Agreement (WaferGen Bio-Systems, Inc.)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant and its agents or representatives (which may include Tenant’s architect, project manager and/or contractor) to enter upon the Demised Premises from prior to the Commencement Date and after during the date performance of full execution of this Lease for the purpose of monitoring the planning and construction Landlord’s Work so that Tenant or its agents or representatives may (i) take measurements, (ii) prepare a general lay-out of the Tenant Improvements consisting of the Initial Installation by LandlordProposed Plans, (iii) install Tenant’s data, telephone, telecommunications and computer wiring and/or cabling which, in accordance with sound construction practices, should be completed prior to the provisions completion of EXHIBIT Ca corresponding element of Landlord’s Work, 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 and/or (iv) perform Tenant’s sole risk Fixturing, subject in all cases to, and subject in accordance with, all of the covenants, agreements, terms, provisions and conditions of this Lease (except with respect to all the terms and provisions hereof, except for the payment of Monthly Rent Rent), and provided that Tenant and/or its agents and representatives shall not interfere with the performance of Landlord’s Work, the Façade Work and/or the Initial Work and shall cooperate with Landlord’s contractor while performing any of the foregoing work within the Demised Premises and/or the Building. Landlord may, at any time, deny access to the Demised Premises to Tenant and/or its agents or representatives during the performance of Landlord’s Work, the Façade Work and/or the Initial Work in the event that Landlord shall, in its reasonable discretion, determine that such entry to the Demised Premises by Tenant and/or its agents or representatives interferes with, delays, hampers, or prevents Landlord from proceeding with the completion of Landlord’s Work at the earliest possible time. In connection with the foregoing, within twenty-four (24) hours after Landlord’s direction (which shall commence on the date set forth need not be given in Paragraph 4.B. Whereupon certain Suites are currently occupied writing and may be given by other tenants, immediately upon vacation of such Suites by the existing tenantsLandlord or its agents or contractors to Tenant or its agents or representatives), 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 Landlordshall, and subject to Landlord’s completion of any Tenant Improvements requested by Tenant pursuant to EXHIBIT C with respect theretocause its agents and representatives to, Tenant will have withdraw from 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, Building 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 Demised 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

Sources: Rider to Lease Agreement (Premier Exhibitions, Inc.)

Early Entry. After receipt of a Certificate of Insurance from TenantUpon request by ▇▇▇▇▇▇ , Landlord shall Land l ord sha ll permit Tenant and its contractors to enter upon e nter 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 (90seven ( 7 ) days prior to the Commencement Date, in order that Tenant may perform through its own contractor(s) (who must be approved by Landlord) other work and decorations Tenant want s in the Premises while Landlord's contractors are working (an "Early Entry") . Should Tenant request occupancy of Suite 2118 This license to enter prior to Substantial Completion of Tenant Improvements is subject to the Commencement Date, the parties will agree following conditions : (I) Tenant's contractor(s) must work in writing upon a date certain for the harmony and not interfere with Landlord 's contractors and s ubcontractors; (2) prior to commencement of such occupancythe work by ▇▇▇▇▇▇'s contractor(s), Tenant must deliver evidence to Landlord of compliance with the requirements of Paragraph 8; and the rights and obligations (3) Tenant is subject to all terms of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant’s other than the obligation to pay Base Rent and ▇▇▇▇▇▇'s share of e l ectricity and Operating Expenses. Landlord may revoke this li cense upon forty - eight ( 48 ) hours ' notice to Tenant if the entry causes di s harmony or interference with respect the Tenant Improvements or any Additional Work . NO LANDLORD INDEMNITEE IS LIABL E IN ANY WAY FOR ANY INJURY, LOSS , OR DAMAGE THAT OCCURS TO ANY OF TENANT'S DECORATIONS OR INSTALLATIONS MADE PRIOR TO SUBSTANTIAL COMPLET IO N OF THE TENANT IMPROVEMENTS, THE ENTRY BEING SOLELY AT TENANT'S RISK . TENANT SHALL I NDEMNIFY, DEFEND , AND HOLD LANDLORD INDEMNITEES HARMLESS FROM ANY CLAIMS ARISING FROM ACT I VITIES OF TENANT'S CONTRACTORS, WORKERS, AND MECHANICS, EVEN IF DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OR STRICT LIABILITY OF ANY LANDLORD INDEMNITEE . E . PROJECT ENGINEER . Tenant must use the fire alarm , mechanical , electrica l , and plumbing engineer(s) of record for the Centre in connection with any Tenant Improvements or Additional Work affecting the Bu ildin g's fire alarm, mechanical , electrica l , or plumbing systems . Landlord shall designate from time to Suite 2118time ( l ) the mechanical, shall be effective upon e l ectr i ca l and plumbing engineer of record for the date of such occupancyBuilding ; and ( 2 ) the fire a l arm contractor o f record for the Building . Early occupancy F. PAYMENTS BY TE ▇▇▇ ▇ . All amounts payable by Tenant under this Exhibit Bare payable to Landlord as additional Rent within ten ( I 0 ) days after ▇▇▇▇▇▇'s receipt 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.L an dlord' s demand . G.

Appears in 1 contract

Sources: Office Lease (Blackboxstocks 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

Sources: Industrial Lease (Cutter & Buck Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant, Landlord shall permit Tenant Pursuant to enter upon the Premises from terms and after the date of full execution conditions of this Lease for and the purpose of monitoring the planning related Construction Letter, Tenant 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 agents and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry contractors shall be at Tenant’s sole risk and subject permitted to all enter the terms and provisions hereof, except for Premises after 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 the Construction Letter by the parties hereto for the purpose of a Certificate (i) constructing Interior Improvements as provided for in the related Construction Letter and as approved by Landlord and as shown on Exhibit B and (ii) 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 Insurance the terms and conditions of this Lease, except that Tenant shall not be required to pay any Basic Rent or Additional Rent on account thereof; except however, Tenant shall be responsible for paying (i) supplemental taxes as set forth herein. Upon reasonable prior written notice to Landlordstated in Paragraph 50B above, and subject to Landlord’s completion of any (ii) all utilities for the Premises from the date on which Tenant Improvements requested commences said Interior Improvements, and as such, Tenant shall contact the related utility providers and transfer the billing for said utilities into Tenant's name. Any entry or installation work by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have and its agents in 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 Premises pursuant to this Lease with respect to Suite 2118Paragraph 52 shall (i) be undertaken at Tenant's sole risk, and (ii) 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, Tenant’s obligation injury to pay Rent with respect or death of persons and damage to Suite 2118, shall be effective upon or loss of property arising out of the date of such occupancy. Early occupancy exercise 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, 2014early entry right granted hereunder.

Appears in 1 contract

Sources: Lease Agreement (Cell Genesys 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

Sources: Lease (Rambus 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. 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

Sources: Lease Agreement (Cisco Systems Inc)

Early Entry. After receipt Notwithstanding anything to the contrary herein, provided that the written consent of a Certificate of Insurance from TenantLandlord to this Sublease has been received by Sublessor and Sublessee, Landlord Sublessee 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 the Premises five (905) business days prior to the Commencement Date. Should Date for the purpose of installing furniture, cabling and personal property on the Premises and Sublessee's contractor shall be allowed to enter the Premises fifteen (15) business days prior to the Commencement Date for the purpose of installing data and telephone lines, provided that: (i) Sublessee's early entry shall not interfere with any of Sublessor's activities on the Premises during such period; (ii) Sublessee shall give Sublessor written notice of such entry at least five (5) days in advance; (iii) such entry on the Premises shall be of the terms of this Sublease, except that Sublessee shall not be required to pay any monthly Base Rent hereunder during any period of early entry if Sublessee is not conducting Sublessee's business on the Premises; (iv) during the last five (5) business days of early occupancy, Tenant request occupancy of Suite 2118 shall arrange to have all utilities services, including but not limited to storm and sanitary sewer service, gas, electric, domestic and irrigation water and trash billed directly to Sublessee for payment or, at Landlord's option, reimburse Sublessor for the cost thereof (provided that, if Sublessor continues to occupy the Premises during the last five (5) business days prior to the Commencement Date, the parties will agree in writing upon a date certain for the commencement cost of such occupancyutilities during such five (5) business day period shall be equitably proportioned between Sublessor and Sublessee, acting in good faith, in proportion to the proportionate use of such utilities between the parties); and the rights and obligations (v) Sublessee shall provide Sublessor before such early entry with certificates of the Parties insurance required of Sublessee 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 terms of this Lease to be later or earlier than July 12, 2014Sublease.

Appears in 1 contract

Sources: Sub Sublease (Zoran Corp \De\)

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. 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. 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(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of May 1, 2006 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 BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 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.

Appears in 1 contract

Sources: Lease Agreement (Ruckus Wireless 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

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

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, provided none of Tenant’s operating personnel occupy said Premises. 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 the scheduled Commencement Date of January 1, 2005, or the date set forth described in Paragraph 4.B. Whereupon certain Suites are currently occupied 2.B (‘Tender of Possession”), regardless of the construction status of said interior improvements completed or to be 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 BUILDING: 1098 Alta PROPERTY: 1-0001 UNIT: 1 LEASE ID: 0001-SONI01-01 commenced absent delay caused by Tenant. Early occupancy by Provided the Lease is executed and delivered to Landlord no later than 5:00 p.m. on November 2, 2004 and Tenant of any portion of does not interfere with Landlord’s work in the Premises, including Suite 2118Landlord shall deliver early entry of the Premises to Tenant with carpet in place and cubicles fully installed no later than December 20, shall not cause 2004. It is agreed in the expiration event said Lease commences on a date other than the first day of this 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 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.

Appears in 1 contract

Sources: Lease Agreement (Sonics, 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

Sources: Lease Agreement (SMART Global Holdings, 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

Sources: Lease Agreement (Shutterfly Inc)

Early Entry. After receipt Subject to the provisions of a Certificate of Insurance from TenantParagraph 41 ("Tenant Interior Improvements"), 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 of the Tenant Improvements consisting of the Initial Installation by Landlordexpense, in accordance with the provisions of EXHIBIT C, installing its furniture, Tenant's trade fixtures and telephoneequipment, internet telephone equipment, security systems and data communications cabling and wiring, excluding the conduct of its businessfor computers. Such early entry shall be at Tenant’s sole risk and subject to all of the terms and provisions hereofconditions of this Lease, except for the payment of Monthly that Tenant shall not be required to pay any 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 Suitesaccount thereof. 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 Any entry or installation work by Tenant pursuant to EXHIBIT C with respect thereto, Tenant will have and its agents in 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 Premises pursuant to this Lease Paragraph 40 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with respect to Suite 2118or 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 limitationlimiting thereby the generality of the foregoing, Tenant’s obligation injury to pay Rent with respect or death of persons and damage to Suite 2118, shall be effective upon or loss of property arising out of the date of such occupancy. Early occupancy exercise by Tenant of any portion early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the Premisesinterior improvements to be provided by Landlord, including Suite 2118if any, shall or in the event Tenant has not cause completed construction of it's interior improvements by the expiration date of scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of September 1, 1996 regardless of the construction status of said interior improvements completed or to be later completed by Tenant or earlier than July 12, 2014Landlord.

Appears in 1 contract

Sources: Lease Agreement (Brio Technology Inc)

Early Entry. After receipt of a Certificate of Insurance from TenantProvided no Default by Sub-Subtenant then exists, Landlord shall permit Tenant to enter upon the Premises from and after the date of full execution of this Lease for that is fifteen (15) days immediately prior to the purpose of monitoring Sub-Sublease Commencement Date (such period, the planning and construction of “Early Access Period”), Sub-Subtenant shall be permitted to access the Tenant Improvements consisting of the Initial Installation by Landlord, in accordance with Sub-Subleased Premises (subject to the provisions of EXHIBIT Cthis subsection (b)) for purposes of inspecting same, surveying requirements, moving and performing any move-related tasks, including installing its furniture, fixtures and telephonefixtures, internet equipment, voice and data communications systems, telecommunications cabling and wiring, excluding wiring in the conduct of its business. Such early entry shall be at Tenant’s sole risk and Sub-Subleased Premises (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 2118Sub-Sublease, including, without limitation, TenantSection 7 of this Sub-Sublease). Such access to the Sub-Subleased Premises shall be subject to commercially reasonable prior notice to and prompt approval by Sub-Sublandlord (each of which notice and approval may be telephonic or by email correspondence), and shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s obligation access to pay Rent the Building and the Sub-Subleased Premises, such assistance shall specifically include coordination with the Building’s property manager. Notwithstanding the foregoing, neither Sub-Subtenant nor any agent, contractor, representative, employee or invitee of Sub-Subtenant (collectively, “Invitee”) shall enter the Sub-Subleased Premises during the Early Access Period during those times that Sub-Sublandlord determines, in its reasonable discretion, that such entry will substantially interfere with activities of Sub-Sublandlord or Sub-Sublandlord’s agents or employees in the Sub-Subleased Premises. Prior to each such event, Sub-Sublandlord shall notify Sub-Subtenant of specific times during which Sub-Subtenant may make such entry. During the Early Access Period, Sub-Subtenant and any of its Invitees shall use commercially reasonable efforts to neither delay nor otherwise inhibit the work being performed in the Sub-Subleased Premises by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to Suite 2118any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. Sub-Subtenant shall reimburse Sub-Sublandlord, within thirty (30) days after invoice, all costs actually incurred by Sub-Sublandlord associated with Sub-Subtenant’s access during the Early Access Period, including (i) costs which are billed to Sub-Sublandlord by Sublandlord, including, without limitation, engineering charges or overtime/extra hours service charges associated with non-business hour access to the Building, if any, and (ii) reasonable costs incurred by Sub-Sublandlord in repairing or replacing any damage to the Sub-Subleased Premises required to be effective upon repaired by Sublandlord under the date Sublease or (iii) reasonable costs incurred by Sub-Sublandlord in repairing or replacing damage to any property or equipment located therein and required to be repaired by Sublandlord under the Sublease, which damage, in the case of such occupancy(ii) and (iii) above, was caused by Sub-Subtenant or its Invitees. Early occupancy by Tenant of any portion Notwithstanding anything in this Sub-Sublease to the contrary, all of the Premisesprovisions of this Sub-Sublease (including, including Suite 2118without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that during such period Sub-Subtenant shall not cause the expiration date of this Lease be obligated to be later or earlier than July 12, 2014pay Rent.

Appears in 1 contract

Sources: Sub Sublease Agreement (Rosetta Stone 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ to Tenant on or about January 1, 1998 and will be able to deliver possession of the Premises at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ by January 1, 1998 or if Landlord is unable to deliver possession of the Premises at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ and/or ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, as applicable. (iii) If Tenant subleases all or any portion of the Premises at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ to ActionTec Electronics, Inc., the tenant currently occupying ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, 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 ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ as of April 1, 1998.

Appears in 1 contract

Sources: Lease Agreement (International Network Services)

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 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 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 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 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 December 1, immediately upon vacation 1995 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 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

Sources: Lease Agreement (Transmeta Corp)

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

Sources: Lease Agreement (Electronics for Imaging 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

Sources: Sublease Agreement (Rosetta Stone Inc)

Early Entry. After receipt of a Certificate of Insurance from Tenant(i) As soon as practicable following the Effective Date, Landlord Sublandlord shall permit Tenant Subtenant and its contractors to enter upon the Subleased Premises for the exclusive purpose of measuring the Subleased Premises and performing other planning activities that are necessary as a precursor to the Subtenant Work (as hereinafter defined). The scheduling and coordination of Subtenant’s contractors will be subject to regulation by Sublandlord to avoid interferences with labor employed by Sublandlord. (ii) Upon written request from Subtenant delivered after completion of the Sublandlord Work, Sublandlord may elect (which election must be in writing), in its sole discretion, to permit Subtenant and its contractors and workmen to enter the Sublease Premises for the exclusive purposes of coordinating and performing the Subtenant Work (as hereinafter defined) and relocating its services and equipment within the Subleased Premises. The license permitted under this subsection (ii) shall be subject to (A) Subtenant’s providing Sublandlord with evidence of commercial general liability insurance in amounts reasonably required by Sublandlord, the requirements of subsection (iii) below, and such other terms and conditions as Sublandlord may impose in its sole discretion. (iii) The licenses to enter prior to the Commencement Date (but after the date of full execution Effective Date) set forth in subparagraphs (i) and (ii) above, however, are conditioned upon Subtenant’s contractors working in harmony and not interfering with the labor employed by Sublandlord. Any such entry before the Commencement Date shall be subject to all terms of this Lease for Sublease, except the purpose of monitoring the planning and construction of the Tenant Improvements consisting of the Initial Installation by Landlordcovenant to pay Base Rent; provided, 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 that no such early entry shall be at Tenant’s sole risk and subject deemed 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 constitute occupancy 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 Subtenant or change the Commencement Date. Should Tenant request occupancy Subtenant shall indemnify and hold harmless Sublandlord, Sublandlord’s affiliates, and any of Suite 2118 prior their respective agents, employees, licensees, servants, invitees, or contractors from any damage to the Commencement DateBuilding, the parties will agree Subleased Premises or any persons caused by Subtenant or Subtenant’s agents, employees, licensees, servants, invitees, or contractors during such period of early entry or otherwise in writing upon a date certain for connection with 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, 2014Subtenant Work.

Appears in 1 contract

Sources: Sublease (Capitalsource 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. 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. 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(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of May 1, 2006 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 it would otherwise have commenced absent delay caused by Tenant. Initial: [Illegible] Multi Tenant/Single Parcel Page 2 of such occupancy. Early occupancy by Tenant of any portion 30 BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 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.

Appears in 1 contract

Sources: Lease Agreement

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

Sources: Sublease (Corcept Therapeutics 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

Sources: 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

Sources: Lease Agreement (Silicon Image Inc)

Early Entry. After receipt Prior to the delivery of a Certificate each portion of Insurance from Tenantthe Subleased Premises as set forth in Section 3.3 above, Landlord Sublessee and Sublessee’s employees, agents and contractors shall permit Tenant be permitted to enter upon such undelivered portions of the Subleased Premises from and after the date of full execution of this Lease during Building business hours (as determined by Sublessor in its sole discretion) for the purpose sole purposes of monitoring the planning preparing construction drawing, plans and construction of the Tenant Improvements consisting of the Initial Installation by Landlordspecifications, 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 businessfor no other purposes. Such early entry shall be at Tenant’s sole risk and subject to all of the terms and provisions hereof, except for conditions of 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 Master Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlordthis Sublease, 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, including without limitation, Tenant’s (a) the indemnity and hold harmless provisions of Section 9 of this Sublease and (b) the obligation to pay utilities and janitorial services; provided, however, other than as provided in Section 5.2 below, Sublessee shall not be required to pay any Base Rent nor Operating Expense Payments for Real Property Taxes, insurance premiums and common area expenses with respect regard to Suite 2118, such early entry. Sublessee shall be effective upon furnish to Sublessor evidence of the date insurance required under Section 7 of such occupancy. Early occupancy by Tenant of this Sublease prior to any entry into any portion of the Subleased Premises. Moreover, and without limiting the foregoing, Sublessee shall indemnify, protect, defend with counsel reasonably acceptable to Sublessor and hold harmless Sublessor and Sublessor’s shareholders, directors, officers, employees, agents, affiliates, successors and assigns from and against any and all claims, demands, liabilities, judgments, losses, causes of action, fines, penalties, damages, costs and expenses, including Suite 2118reasonable attorneys’ and experts’ fees (collectively, “Claims”), caused by or arising in connection with the early entry described in this Section 3.4, including without limitation, any Claims by Master Lessor that Sublessor has committed (or allegedly committed) a default and/or breach under the Master Lease by permitting the early entry described in this Section 3.4 if made prior to delivery of the Sublease Consent. Sublessee’s indemnification and other covenants provided in this Section 3.4 shall not cause survive the expiration date or termination of this Lease to be later or earlier than July 12, 2014Sublease.

Appears in 1 contract

Sources: Sublease (Sandisk Corp)