Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of 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 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 3 contracts
Samples: Lease Agreement (Latitude Communications Inc), Lease Agreement (Latitude Communications Inc), Lease Agreement (Latitude Communications Inc)
Early Entry. Subject to the provisions After receipt of Paragraph 47a Certificate of Insurance from Tenant, ("Landlord shall permit Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter upon the Premises prior to from and after the Commencement Date date of full execution of this Lease for the purpose of installing at Tenant's sole cost monitoring the planning 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 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 due to (i) any act by Tenant which interferes with or delays construction consisting of the Tenant ImprovementsInitial Installation by Landlord, including 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 entry ’s sole risk and subject to install trade fixtures pursuant to Paragraph 44 all the terms and provisions hereof, (ii) 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 changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlordpursuant to EXHIBIT C with respect thereto, or Tenant will have the right to occupy Suite 2118 up to ninety (iii90) special materials or equipment ordered or specified by days prior to the Commencement Date. Should Tenant that cannot be obtained by Landlord at normal cost within a reasonable period request occupancy of time because of limited availability. It is Suite 2118 prior to the intent of Commencement Date, the parties hereto that 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 ’s obligation to pay Rent under with respect to Suite 2118, shall be effective upon the Lease not be delayed by any date of such causes or occupancy. Early occupancy by Tenant of any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as portion of the Premises, including Suite 2118, shall not cause the expiration date it would otherwise have commenced absent delay caused by Tenantof this Lease to be later or earlier than July 12, 2014.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)
Early Entry. Subject to For the provisions of Paragraph 47period commencing on the Premises Delivery Date and continuing until the Commencement Date (“Early Entry Period”), ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors Sublessee shall be permitted have the right to enter the Subleased Premises prior to for purposes of constructing the Commencement Date for the purpose of Sublessee Improvements and installing at Tenant's sole cost and expenseits trade fixtures, Tenant's trade fixtures and furniture, equipment, telephone equipment, security systems cabling and cabling for computerswiring. Such early entry shall be subject to all of the terms and conditions of this LeaseSublease (including, without limitation, obligations relating to Sublessee’s insurance) except that Tenant shall not be required for the obligation to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in Rent; provided, however that during the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's period of Sublessee’s construction work in the Subleased Premises, Sublessee shall be obligated to pay all utilities costs for the 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 the Sublessee Improvements during the Early Entry Period in any portion of the Subleased Premises (if any)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, and (iii) Sublessor reserves the right to make any use of the Subleased Premises that is not be deemed occupancy or possession inconsistent with Sublessor’s obligation to deliver the Subleased Premises to Sublessee as 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 Delivery 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 2 contracts
Samples: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)
Early Entry. Subject Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to the provisions of Paragraph 47Exhibit D hereof, ("Tenant Interior ----------- Improvements") Landlord shall permit Tenant and its agents to enter the Premises upon the full and contractors shall final execution of this Lease by Landlord and Tenant in order that Tenant may perform any work to be permitted performed by Tenant hereunder through its own contractors, subject to Landlord’s prior written approval, and otherwise in accordance with the requirements of Section 7.3 of this Lease. The foregoing license to enter the Premises prior to the Commencement Date for is however, conditioned upon the purpose of installing at compliance by Tenant's sole cost and expense’s contractors with all requirements imposed by Landlord on third party contractors, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of including without limitation the 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 maintenance by Tenant and its agents 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 Premises pursuant provisions of the Lease except as to this Paragraph 44 the covenants to pay rent. Landlord shall (i) not be undertaken 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 sole ’s risk, (ii) not interfere --------- with or delay Landlord's . The failure of Tenant’s contractors to complete any work in the Premises (if any), and (iii) shall not be deemed occupancy or possession of extend the Premises for purposes Commencement Date 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 except if the generality Tenant’s contractors do not complete work on time due to the fault of the foregoing, injury Landlord to or death of persons and damage to or loss of property arising out of the exercise by timely notify Tenant of any early 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 at any time that Landlord reasonably determines that such entry right granted hereunder. In the event Tenant's work in said Premises delays 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 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 due to (i) any act by Tenant which interferes with or delays construction of at the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantearliest possible date.
Appears in 2 contracts
Samples: Office Space Lease (United Business Holdings, Inc), Office Space Lease (United Business Holdings, Inc)
Early Entry. Subject Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to the provisions of Paragraph 47Exhibit D hereof, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises in order that it may install its furniture, telephone systems and data cabling equipment. Tenant’s access to the Premises prior to the Commencement Date for the purpose of 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 terms and conditions obligations of this Lease, including the indemnity provisions herein, except that Tenant shall not be required to pay any Basic Rent during that period unless it commences its business activities in the Premises. The foregoing license to enter the Premises prior to the Commencement Date is however, conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on account thereof. Any entry or installation work third party contractors, including without limitation the maintenance by Tenant and its agents 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 Premises pursuant provisions of the Lease except as to this Paragraph 44 the covenants to pay rent. Except as shall (i) be undertaken 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 same being solely at Tenant's sole ’s risk, (ii) not interfere --------- with or delay Landlord's . In no event shall the failure of Tenant’s contractors to complete any work in the Premises (if any), and (iii) not be deemed occupancy or possession of extend the Premises for purposes Commencement Date of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From may withdraw such permission to enter the Premises prior to the Commencement Date at 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 time that Landlord reasonably determines that such entry by Tenant of any early is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry right granted hereunder. In the event Tenant's work in said Premises delays by Tenant is hampering or otherwise preventing Landlord from proceeding with 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 due to (i) any act by Tenant which interferes with or delays construction of at the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantearliest possible date.
Appears in 2 contracts
Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)
Early Entry. Subject No 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 provisions Landlord’s Work, including the installation of Paragraph 47fixtures, ("furniture, equipment and Tenant’s Tel/Data Work, as may be desired by Tenant Interior ----------- Improvements") to make the Premises ready for Tenant’s occupancy. Such entry shall be subject to the condition that Tenant and its Tenant’s contractors work in harmony and 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 Building. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its reasonable 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 permitted prohibited until Tenant shall have cured the source of any such disruption or disharmony. 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 (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 or any form of additional rent until the Commencement Date unless Tenant has commenced the operation 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 for the purpose Date, Tenant expressly agrees that neither it nor any of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry ’s contractors shall be subject to all of the 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 enter the Premises pursuant prior to this Paragraph 44 the Commencement Date unless and until each of them shall (i) be undertaken at Tenant's sole riskfurnish such assurances to Landlord, (ii) including but not interfere --------- with or delay Landlord's work in the Premises (if any)limited to, insurance coverages, waivers of lien, surety company performance bonds and (iii) not be deemed occupancy or possession personal guaranties of the Premises for purposes individuals of the Lease. Tenant substance, as Landlord shall indemnify, defend, and hold reasonably require to protect Landlord harmless From against any and all loss, damagecasualty, liability, expense (including reasonable attorney's fees), claim liens 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantclaims.
Appears in 2 contracts
Samples: Lease (ConforMIS Inc), Lease (ConforMIS Inc)
Early Entry. Subject Upon Landlord’s prior written approval and subject to the provisions of this Paragraph 473.2, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises approximately thirty (30) days prior to the Commencement Date as estimated in the Basic Lease Terms for the limited purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersperforming the Tenant Improvements to the extent such work does not interfere with Xxxxxxxx’s Work (“Early Entry’’). Such entry Early Entry shall be subject to the following conditions: (i) prior to the date of Early Entry Tenant shall deliver to Landlord the certificate(s) of insurance required pursuant to Paragraph 12.2; (ii) Tenant and its agents, employees and contractors shall not interfere with the performance of Landlord’s Work; (iii) Tenant shall coordinate the timing of Tenant’s entry and work during the Early Entry period with Landlord’s employees and contractors; and (iv) Tenant shall comply in all respects with the provisions of Paragraph 2.3. If Landlord reasonably determines that Xxxxxx’s actions are interfering with Xxxxxxxx’s ability to complete Landlord’s Work, Landlord shall have the terms right to withdraw its permission for Early Entry upon twenty four (24) hours’ written notice to Tenant. Tenant shall be responsible for and conditions shall promptly repair any and all damage to the Premises or Landlord’s Work arising out of this Lease, except that Tenant Tenant’s Early Entry. Landlord shall not be required liable in any way for any injury, loss or damage which may occur to pay any Rent on account thereof. Any entry of Tenant’s property or installation work by Tenant and its agents installations in the Premises pursuant during the Early Entry period except 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 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 shall be in effect from the date of Early Entry; however, if anyBase Rent, or in Operating Expenses and Taxes shall be abated untll the event Tenant has not completed construction of it's interior improvements by the scheduled Rent 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 2 contracts
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computerswhich 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". Such 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, except that 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 pay cooperate with Tenant if such cooperation results in a delay in completing the Improvements. In any Rent on account thereof. Any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry or installation work by Tenant and its agents in upon 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 Agents (as that term is defined in Subparagraph 29.G.) prior to pay Rent under the Lease would otherwise commence may be delayed because Commencement Date 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, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. 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 completion of completing the construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry then the Commencement Date shall be deemed to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of have occurred on the date it the Improvements would otherwise have commenced absent been completed had there been no such delay caused by TenantTenant or its Agents.
Appears in 2 contracts
Samples: Lease Agreement (Auspex Systems Inc), Lease Agreement (Auspex Systems Inc)
Early Entry. Subject If TENANT is permitted entry to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Leased Premises prior to the Commencement Date for the purpose of installing fixtures or any other purpose permitted by LANDLORD, the early entry will be at Tenant's TENANT’s sole cost risk 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 conditions provisions of this LeaseLEASE as though the Commencement Date had occurred, 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 for the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskpayment of rent, (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 which will commence on the scheduled Commencement Date of January 1Date. TENANT, 1996 regardless of the construction status of said interior improvements completed its agents, or to be completed by Tenant employees will not interfere with 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 LANDLORD’s completion of construction of the Tenant Improvements due 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 such early entry: (i) to indemnify and to hold LANDLORD free and harmless from any act by Tenant which interferes with claims, damages or delays construction losses arising out of the Tenant Improvementssuch early entry into possession, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, and (ii) any changes, modifications and/or additions in to deliver to LANDLORD written proof of TENANT’s full compliance with the Tenant Improvements requested by Tenant and approved by Landlordinsurance 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: (iiia) special materials or equipment ordered or specified by Tenant that cansuch permission shall not be obtained 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 Landlord at normal cost within 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, then rent shall be paid on a reasonable pro rata basis during such period of time because of limited availabilityuse. It is TENANT shall transfer the intent of electrical utility into its responsibility prior to any early entry into the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantLeased Premises.
Appears in 2 contracts
Samples: Lease (GLAUKOS Corp), Lease (GLAUKOS Corp)
Early Entry. Subject to the provisions of Paragraph 47, ("Landlord agrees that Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises on the date Landlord reasonably determines to be approximately thirty (30) days prior to Substantial Completion of the Commencement Date Landlord Work for the sole purpose of installing at Tenant's sole cost and expenseinstallation of improvements, Tenant's trade furniture, cabling, fixtures and equipment, telephone equipment, security systems equipment (the “Early Entry”) (and such 30-day period shall be adjusted per Landlord’s commercially reasonable coordination with Tenant as to the timing of Tenant’s wiring and cabling for computers. Such entry 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 Premises, and further provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of this LeaseBase Rent, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant utilities 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’s Pro Rata Share of Operating Expenses), 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 limitation, Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall provide Landlord with certificates of the foregoing, injury insurance or other evidence reasonably acceptable 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 hereunderLandlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant's work ’s Early Entry unreasonably interferes with the Landlord Work, Landlord shall notify Tenant in said Premises delays writing and if Tenant fails to cure such unreasonable interference within one (1) full Business Day after receipt of such written notice, Landlord may terminate Tenant’s right to Early Entry, and any actual delay in the completion Landlord Work caused by any act or omission of a Tenant Party during such Early Entry will be deemed a Tenant Delay subject to the terms 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantWork Letter.
Appears in 1 contract
Early Entry. Subject to With the provisions prior written consent of Paragraph 47Landlord, Tenant shall have the right within thirty ("Tenant Interior ----------- Improvements"30) Tenant and its agents and contractors shall be permitted to enter the Premises days prior to the Scheduled Term Commencement Date for the purpose of installing Date, at Tenant's its sole risk, cost and expense, to enter upon and install racks and improvements in the Premises, and the same will not cause Rent to commence; provided that (a) Tenant shall have paid for and provided evidence to Landlord of all insurance required under the Lease having been secured; (b) Tenant shall pay utility charges and other costs and expenses incurred by Landlord which would not have been incurred except for such early entry by Tenant, and (c) Tenant does hereby indemnify Landlord from any costs or liabilities that may be incurred due to Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersearly entry. Such entry shall be subject to all of the 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 use the Premises for purposes the storage of inventory or otherwise commence the operation of business without the express prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. If an event of default under the Lease occurs during the period between the date of occupancy and the date Rent is to begin ("Early Occupancy Period"), then, on the occurrence of such event of default, Tenant shall then be responsible for Rent due and payable from Tenant to Landlord. By entry, Tenant accepts Premises as being in good order, condition and repair in accordance with the provisions of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From It is further understood that 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 improvement of the foregoing, injury to or death Premises by the Tenant without written consent of persons and damage to or loss of property arising out Landlord is hereby prohibited unless otherwise permitted under the terms 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantLease.
Appears in 1 contract
Early Entry. Subject Landlord shall endeavor, so long as Tenant is ----------- using labor compatible with Landlord's labor forces at the Property at that time, to permit Tenant, at its option, along with its contractors, subcontractors and agents, to enter the Premises at any time during the four (4) weeks immediately prior to the provisions of Paragraph 47scheduled Commencement Date and in any event no less than three (3) weeks prior to the scheduled Commencement Date and Tenant, ("Tenant Interior ----------- Improvements") Tenant along with its contractors, subcontractors and its agents and contractors agents, shall be permitted to enter the First Expansion Space and the Second Expansion Space at any time during the two (2) weeks prior to the scheduled commencement date with respect to the First Expansion Space and Second Expansion Space, as the case may be or if available at an earlier date, provided such entry and work shall be in harmony with Landlord's contractors, and with no obligation on the part of Tenant to pay rent or other costs during such period of occupancy, for the purpose of constructing Tenant's improvements, installing furniture, fixtures and equipment (including telephone equipment) as well as non-Building standard leasehold improvements. Tenant and its contractors shall have free use of such electricity, heating, ventilation and air conditioning and elevator service as may be available during the period of such early entry for installation of Tenant's improvements. All provisions of this Lease (with the exception of the obligation to pay Rent) shall be applicable during any such early entry of the Premises, the First Expansion Space or the Second Expansion Space, as the case may be. All installations made by Tenant and work performed by Tenant in the Premises during such early entries shall be at the sole risk of Tenant. Tenant's entry into the Premises prior to the Commencement Date for the purpose of 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 terms and conditions of this Lease, except that Tenant shall not be required to pay cause any Rent on account thereof. Any entry or installation work by Tenant and its agents delay 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 (and if any)such a delay is caused, 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 shall be accelerated by one (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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any day for each day 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant, whether or not Landlord's work is complete as of such accelerated Commencement Date.
Appears in 1 contract
Samples: Office Lease (Stereotaxis, Inc.)
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises Buildings prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computerswhich 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". Such 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, except 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 Date 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, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if the entry by Tenant prior to the Commencement Date causes a delay in completing the construction of the Improvements, then the Commencement Date shall be deemed to have occurred on the date the Improvements would have been completed had there been no such delay caused by Tenant or its a, employees, contractors or representatives. If Tenant does not immediately comply with notice from Landlord requesting that Tenant cease any interference with Landlord's construction activities, Tenant shall be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in vacate the Premises pursuant and shall have no further right to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in enter the Premises (if any), and (iii) not be deemed occupancy or possession of until 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Cisco Systems Inc)
Early Entry. Subject Landlord shall permit Tenant and Tenant’s Tel/Data Contractors to enter the Pre-Expansion Premises at least sixty (60) days prior to the provisions of Paragraph 47Commencement Date 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 Interior ----------- Improvements") may perform the Tenant’s Tel/Data Work. Tenant’s access shall be subject to the condition that Tenant and its 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 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 permitted 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, Tenant expressly agrees that neither it nor any of Tenant’s Tel/Data Contractors shall enter the Pre-Expansion Premises prior to the Commencement Date for or the purpose Expansion Premises prior to the Expansion Premises Commencement Date unless and until each of installing at Tenant's sole cost them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and expensepersonal guaranties of individuals of substance, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry as Landlord shall be subject require to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay protect Landlord against 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, damagecasualty, liability, expense (including reasonable attorney's fees), claim liens 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantclaims.
Appears in 1 contract
Samples: Lease (Aspen Technology Inc /De/)
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of 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 terms and conditions of this the Lease, except that Tenant governmental laws, rules and regulations and receipt of the Consent, Subtenant may enter into the Sublease Premises approximately two (2) weeks prior to the anticipated date of Sublandlord’s completion of Sublandlord’s Work, upon receipt of Sublandlord’s written consent, which consent shall not be required to pay any Rent on account thereof. Any entry unreasonably conditioned or installation work by Tenant withheld and its agents in shall be granted or denied within two (2) business days, for the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskpurpose of making improvements and installing furniture, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)telephones, computers, photocopy equipment, and (iii) other business equipment and similar items and related wiring and conduits. Such early entry will not be deemed occupancy or possession advance the Commencement Date so long as Subtenant does not commence business operations from any part of the Premises for purposes Sublease Premises. All of the Lease. Tenant provisions of this Sublease (and the Lease as incorporated herein) shall indemnify, defend, and hold Landlord harmless From apply to Subtenant during any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequentialearly entry, including, without limitation, the indemnities set forth in this Sublease (and the Lease as incorporated herein), but without limiting thereby excluding 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 Basic Rent, Operating Expenses, Taxes and Insurance only unless and until Subtenant has commenced business operations in the Sublease Premises, whereupon the Commencement Date shall occur and Basic Rent under shall immediately commence. If Subtenant is granted early entry, Sublandlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Subtenant at the 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 would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided incorporated herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant).
Appears in 1 contract
Samples: Sublease (Intermix Media, Inc.)
Early Entry. Subject As 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 provisions Shell no later than August 1, 2001, even though construction of Paragraph 47, the Shell will not be substantially complete by such date ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors as such date shall be permitted 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 Premises prior Shell commencing on the Shell Availability Date in order to commence the Commencement Date for construction of the purpose of installing 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 (collectively, "TENANT'S WORK"). Any such entry by Tenant for the purpose of Tenant's trade fixtures Work will be subject to the following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and equipmentany other personnel under Tenant's control ("TENANT'S PERSONNEL") entering the Premises, telephone equipment, security systems will reasonably cooperate with Landlord and cabling for computers. Such Landlord's general contractor; (ii) Tenant agrees that any such early entry shall be 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 Shell by Tenant or Tenant's Personnel, except that Tenant shall not be 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 pay any Rent perform Tenant's Work or by the early entry on account thereof. Any entry or installation work the Shell 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), Personnel; and (iiiv) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall agrees to indemnify, defendprotect, defend and hold save Landlord harmless From from and against any and all lossliens, damageliabilities, liabilitylosses, expense damages, costs, expenses, demands, actions, causes of action and claims (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoinglimitation, injury to or death of persons attorneys' fees and damage to or loss of property legal costs) arising out of the exercise 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 Landlord's construction of any the Shell, or detrimentally affects Landlord's ability to comply with its commitments for completing construction of the Shell, Landlord will have the right to order Tenant's 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 cease in the event Tenant has not completed construction taken action to remedy such interference within forty-eight (48) hours following Landlord's notice to Tenant of itthe existence of the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's interior improvements by work, Tenant agrees to cause Tenant's Personnel to remove all tools, equipment and materials from the scheduled Shell. Notwithstanding the foregoing, during the period following the Shell Availability Date and prior to the Commencement Date, it is agreed between Landlord and Tenant and their respective contractors shall reasonably cooperate in their efforts to permit completion of Landlord's construction obligations, Tenant's work and Tenant's move into the parties Premises so that this Lease will commence on Tenant can be open for business in the Premises no later than the day prior to the scheduled Commencement Date of January December 1, 1996 regardless of the construction status of said interior improvements completed or 2001, subject to be completed by Tenant or LandlordDelays, Landlord Delays and force majeure delays. Accordingly, Landlord shall make available its contractors to meet and Tenant acknowledge that the date on which confer with Tenant's obligation Personnel at least three (3) weeks prior to pay Rent under the Lease would otherwise commence may be delayed because of Shell Availability Date to establish a delay schedule which is convenient for all parties involved to complete such work in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenanttimely manner.
Appears in 1 contract
Samples: Lease (Apria Healthcare Group Inc)
Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computerscomputers (“Early Entry Date”). Such entry shall be subject to all of the terms and 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 44 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’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 from any and all loss, damage, liability, expense (including reasonable attorney's ’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 ’s work in said Premises delays the completion of the interior improvements Tenant Improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's its interior improvements 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 for the conduct of any of its business pursuant to Paragraph 2.B(a) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of January 1, 1996 2007 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence case may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitybe. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent 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 ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.. It is agreed in the event said Lease commences on 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 pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4A. Multi Tenant/Single Parcel Page 2 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01
Appears in 1 contract
Samples: Lease Agreement (Opti Inc)
Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Increased Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Increased Premises (as shown in Blue on Exhibit B) prior to the Commencement Effective Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’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 the Lease, except that Tenant shall not be required to pay any Rent on account thereofthe 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 44 1.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Increased Premises (if any), and (iii) not be deemed occupancy or possession of the Increased Premises for purposes of the Leasethis Amendment. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’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 ’s work in said Increased Premises delays the completion of the interior improvements Tenant Improvements to be provided by Landlord pursuant to Paragraph 1.A (“Increased Premises: Tenant Improvements to be made by Landlord, if any”), or in the event Tenant has not completed construction of it's its interior improvements improvements, if any, by the scheduled Commencement Effective Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Effective Date of January 1, 1996 regardless of the construction status of said interior improvements completed or is not subject 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitychange. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under on 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 pay Rent under the Lease Increased Premises shall commence as of on the date it would otherwise have commenced absent delay caused by TenantEffective Date.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
Early Entry. Subject to To the provisions of Paragraph 47extent permitted by Applicable Laws, ("Tenant Interior ----------- Improvements") Tenant shall have the right, at its own risk and its agents and contractors shall be permitted at no additional cost, to enter the Leased Premises from and after April 1, 2022, in order to install fixtures and otherwise prepare the Leased Premises for occupancy, which right shall expressly exclude making any structural modifications. (Tenant hereby acknowledging that the Commencement Date and the Rent Commencement Date will be adjusted pursuant to the terms set forth in the Lease Summary in the event Tenant begins conducting business in the Leased Premises). During any entry prior to the Commencement Date for (i) Tenant shall comply with all terms and conditions of this Lease other than the purpose obligation to pay rent, (ii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of installing at 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 sole cost and expense’s personal property, Tenant's trade fixtures and equipment, telephone equipmentwhether by theft, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry casualty 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)otherwise, and (iiivi) not be deemed occupancy or possession of Tenant must coordinate all such pre-Commencement Date entry into the Leased Premises for purposes of the Leasewith Landlord’s property manager. Tenant shall indemnify, defend, be responsible for obtaining all applicable permits and hold Landlord harmless From inspections relating to 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 such entry by Tenant. During any entry prior to 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is its sole cost, shall provide electricity, HVAC services, elevator access, and parking for the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantcontractors.
Appears in 1 contract
Samples: Office Lease (Channeladvisor Corp)
Early Entry. Subject to Landlord hereby provides Tenant notice of the provisions substantial completion of Paragraph 47, ("the Building shell. Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted may elect to enter upon the Premises forty-five (45) days prior to the Rent Commencement Date for in order to install communications cable, fixtures and racking and the purpose of installing like, at Tenant's sole cost and expenseexpense (collectively, "Tenant's trade fixtures Work"). Any such entry by Tenant for the purpose of Tenant's Work will be subject to the following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and equipmentany other personnel under Tenant's control ("Tenant's Personnel") entering the Premises, telephone equipment, security systems will cooperate with Landlord and cabling for computers. Such Landlord's general contractor; (ii) Tenant agrees that any such early entry shall be 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, except that Tenant shall not be 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 pay any Rent perform Tenant's Work or by the early entry on account thereof. Any entry or installation work the Premises by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, Personnel; (iiv) 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 agrees to indemnify, defendprotect, defend and hold save Landlord harmless From from and against any and all lossliens, damageliabilities, liabilitylosses, expense damages, costs, expenses, demands, actions, causes of action and claims (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoinglimitation, injury to or death of persons attorneys' fees and damage to or loss of property legal costs) arising out of the exercise 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 any 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, or detrimentally affects Landlord's ability to comply with its commitments for completing its improvements on the Premises or cause labor difficulties, Landlord will have the right to order Tenant's 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 cease in the event Tenant has not completed construction of ittaken action to remedy such interference within forty-eight (48) hours following Landlord'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 notice to Tenant of the construction status existence of said interior improvements completed or the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's Work, Tenant agrees to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which cause Tenant's obligation Personnel to pay Rent under remove all tools, equipment and materials from the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantPremises.
Appears in 1 contract
Samples: Industrial Lease (Cutter & Buck Inc)
Early Entry. Subject to the provisions of Paragraph 47, ("Landlord shall allow Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Expansion Premises approximately fourteen (14) Business Days prior to the Commencement Date date upon which the Expansion Premises is deemed “substantially complete” for the sole purpose of installing at Tenant's furniture, telecommunications systems, data cabling, equipment or other personal property (the “Preparation Work”). Provided that (i) Tenant has provided prior written notice to 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 (iii) such early entry is for the sole cost and expensepurpose of performing the Preparation Work, Tenant's trade fixtures and equipmentTenant shall not be required to pay Rent with respect to the Expansion Premises only during such fourteen (14) Business Day early occupancy period, telephone equipment, security systems and cabling for computers. Such entry but shall otherwise be subject to all of the terms and conditions of this the Amended Lease, except that . Any such early entry by 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 Tenant Improvements or the improvement work of any other tenants in the Expansion Building and Tenant shall use its good faith, reasonable efforts to be provided 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 LandlordTenant as a result thereof, if any, or in the event Tenant has not completed construction of it's interior improvements by Landlord reasonably determines that Tenant’s presence is interfering with 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 due to (i) or the improvement work of any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions other tenants in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant Expansion Building; provided that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 Landlord terminates Tenant’s early right of entry in accordance with this Section 9, the Expansion Commencement Date shall be extended such that Tenant is so delayed, Tenant's obligation afforded a total of 14 Business Days (but in no event more than 14 Business Days) early access to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantExpansion Premises.
Appears in 1 contract
Early Entry. Subject Tenant and its authorized agents, contractors, subcontractors and employees are hereby granted a license by Landlord, effective upon Landlord’s notice to Tenant of the surrender of the Expansion Premises by the tenant currently leasing such space and continuing until the Expansion Commencement Date, to enter upon the Expansion Premises at Tenant’s sole risk and 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 the payment of rent with respect to the Expansion Premises, shall apply during such early entry, (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Paragraph 47Article 11 of the Existing Lease as though the Expansion Premises were part of the Premises, ("c) prior to such entry, Tenant Interior ----------- Improvements"shall have delivered to Landlord an executed original of this Second Amendment and payment in an amount equal to (i) the Monthly Installment of Rent with respect to the 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 and its agents and contractors shall be permitted to enter not interfere with the Premises prior to the Commencement Date for the purpose of 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 completion of the terms and conditions of this Lease, except Landlord’s Work (as defined in the attached Exhibit B-1) in any way provided that Tenant shall not be required to pay so delaying Landlord if Tenant corrects such underlying delay condition within one (1) business day after notice of same from Landlord. Upon Tenant’s breach of 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 indemnifyforegoing conditions, defendLandlord may, 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 in addition 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by exercising any of its other rights and remedies set forth herein, revoke 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 license upon notice to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Early Entry. Subject Notwithstanding Section 8.2 or anything else to the contrary contained in this Amendment, but subject to the provisions of Paragraph 47this Section 8.4, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior Suite 100 Main Space, the Suite 100 Remainder Space and the Suite 200 Expansion Space, from and after the execution of this Amendment and before the applicable Effective Date, at its sole risk, in order to identify and assess items of repair that Tenant will need to make in the Commencement Date applicable portion of the Expansion Space, and for the purpose of making repairs, installing at Tenant's sole cost telecommunications and expense, Tenant's trade fixtures data cabling and equipment, telephone equipmentfurnishings and other personalty in the applicable portion of the Expansion Space. Other than the obligation to pay Base Rent and Tenant’s Pro Rata Share and Tenant’s Percentage of Property Expenses, security systems all of Tenant’s obligations under the Lease (as amended) shall apply during any period of such early entry. Notwithstanding the foregoing, Tenant acknowledges that the Expansion Space is and cabling may continue to be occupied by third parties up the applicable effective date(s), that Landlord has made no representation that any portion of the Expansion Space will be available to Tenant for computers. Such early entry shall be prior to the applicable Effective Date, and that Tenant’s rights hereunder are strictly subject to all the agreement and cooperation of any then existing tenant(s) and occupant(s) of the terms and conditions applicable portion of this Leasethe Expansion Space, except that each in its sole discretion. Landlord shall request the cooperation of the necessary third parties to provide Tenant with early entry to the Expansion Space, at no cost or risk to Landlord, but if Landlord is unable to secure such cooperation to the reasonable satisfaction of Landlord, Tenant shall not be required have the right of early entry set forth in this Section 8.4. Upon Landlord’s request, Tenant shall execute an access and indemnification agreement in a form acceptable to pay Landlord prior to any Rent on account thereofearly entry to the Expansion Space during any period in which the applicable portion of the Expansion Space is leased and/or occupied by a third party or third parties. Any entry In addition, Landlord may limit, suspend or installation work by Tenant and its agents in terminate Tenant’s rights to enter the Premises Suite 200 Expansion Space pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work Section 8.4 if Landlord reasonably determines that such entry is endangering individuals working in the Premises (if any), and (iii) not be deemed occupancy Suite 200 Expansion Space 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 is delaying 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantSuite 200 Demising Work.
Appears in 1 contract
Samples: Fifth Amendment (Affymax Inc)
Early Entry. Subject to With the provisions prior written consent of Paragraph 47Landlord, Tenant shall have the right within fifteen ("Tenant Interior ----------- Improvements"15) Tenant and its agents and contractors shall be permitted to enter the Premises days prior to the Scheduled Term Commencement Date for the purpose of installing Date, at Tenant's its sole risk, cost and expense, to enter upon and install racks and improvements in the Premises, and the same will not cause Rent to commence; provided that (a) Tenant shall have paid for and provided evidence to Landlord of all insurance required under the Lease having been secured; (b) Tenant shall pay utility charges and other costs and expenses incurred by Landlord which would not have been incurred except for such early entry by Tenant, and (c) Tenant does hereby indemnify Landlord from any costs or liabilities that may be incurred due to Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersearly entry. Such entry shall be subject to all of the 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 use the Premises for purposes the storage of inventory or otherwise commence the operation of business without the express prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. If an event of default under the Lease occurs during the period between the date of occupancy and the date Rent is to begin ("Early Occupancy Period"), then, on the occurrence of such event of default, Tenant shall then be responsible for Rent due and payable from Tenant to Landlord. By entry, Tenant accepts Premises as being in good order, condition and repair in accordance with the provisions of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From It is further understood that 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 improvement of the foregoing, injury to or death Premises by the Tenant without written consent of persons and damage to or loss of property arising out Landlord is hereby prohibited unless otherwise permitted under the terms 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantLease.
Appears in 1 contract
Samples: Industrial Lease (Panda Project Inc)
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior to Expansion Space before the Commencement 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 at Tenant's sole cost telecommunications and expense, Tenant's trade fixtures data cabling and installing equipment, telephone equipmentfurnishings 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, security systems and cabling for computersall of Tenant’s obligations hereunder shall apply during any period of such early entry. Such 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 subject exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to all a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms and conditions under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of this Leasethe Term, except that Tenant which terms shall not 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 required deemed 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 become “Available” as follows: (i) be undertaken at Tenant's sole risk, (ii) if such Potential Offering Space is 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 under lease 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence third party as of the date it would otherwise have commenced absent delay caused 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 into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advice, by Tenantdelivering written notice of exercise to Landlord (the “Notice of Exercise”) within five (5) days after the date of the Advice.
Appears in 1 contract
Early Entry. Subject to the provisions of Paragraph 4745, ("“Tenant Interior ----------- Improvements"”) Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’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 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 55 shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Premises (if any)Premises, 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 from any and all loss, damage, liability, expense (including reasonable attorney's ’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 ’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 ’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 August 1, 1996 1999 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent 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 ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors Subtenant shall be permitted to enter access the Subleased Premises prior (“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 Commencement Date terms and conditions of this Sublease and Subtenant’s satisfaction of the Delivery Requirements, solely for the purpose of installing at Tenant's sole cost preparing the Subleased Premises for Subtenant’s use and expenseoccupancy (the “Early Entry Work”), Tenant's trade fixtures provided that Subtenant shall exercise its right of Early Entry in a manner designed to not materially or unreasonably disrupt Sublandlord, its employees, agents, invitees and equipmentguests, telephone equipmentincluding in the performance of the Delivery Condition Work (as defined below), security systems which Subtenant acknowledges will be performed by Sublandlord during the period of Early Entry. Prior to (and cabling as a condition of) the performance of any Early Entry Work, Subtenant shall first submit to Sublandlord for computersits review and approval (such approval not to be unreasonably withheld, conditioned, or delayed) Subtenant’s proposed installation schedule. Such entry Without limiting the 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 LeaseSublease, except that Tenant Subtenant shall not be required to pay Base Rent or Additional Rent hereunder; provided, however, from and after the Delivery Date, Subtenant shall pay for any Rent on account thereof. Any entry or installation work by Tenant and its agents services 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 nature described in the Premises (if any)last sentence of Section 5(b) hereof requested by and provided to Subtenant. For the avoidance of doubt, and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant in no event 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 Subtenant conduct business in the event Tenant has not completed construction Subleased Premises during the period of it's interior improvements by Early Entry prior to the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1and if Subtenant commences to conduct business in the Subleased Premises during such period, 1996 regardless of the construction status of said interior improvements completed or to Subtenant shall be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation obligated to pay Base Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Additional Rent under the Lease not be delayed by any as 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantdate.
Appears in 1 contract
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of 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 terms and conditions of this the Lease, except that Tenant governmental laws, rules and regulations and receipt of the Consent, Subtenant may enter into the Sublease Premises approximately two (2) weeks prior to the anticipated date of Sublandlord's completion of Sublandlord's Work, upon receipt of Sublandlord's written consent, which consent shall not be required to pay any Rent on account thereof. Any entry unreasonably conditioned or installation work by Tenant withheld and its agents in shall be granted or denied within two (2) business days, for the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskpurpose of making improvements and installing furniture, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)telephones, computers, photocopy equipment, and (iii) other business equipment and similar items and related wiring and conduits. Such early entry will not be deemed occupancy or possession advance the Commencement Date so long as Subtenant does not commence business operations from any part of the Premises for purposes Sublease Premises. All of the Lease. Tenant provisions of this Sublease (and the Lease as incorporated herein) shall indemnify, defend, and hold Landlord harmless From apply to Subtenant during any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequentialearly entry, including, without limitation, the indemnities set forth in this Sublease (and the Lease as incorporated herein), but without limiting thereby excluding 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 Basic Rent under only unless and until Subtenant has commenced business operations in the Sublease Premises, whereupon the Commencement Date shall occur and Basic Rent shall immediately commence. If Subtenant is granted early entry, Sublandlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Subtenant at the 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 would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided incorporated herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant).
Appears in 1 contract
Samples: Tag Entertainment Corp
Early Entry. Subject to the provisions terms of this Paragraph 472.4 and provided that this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, ("the Letter of Credit, and insurance certificates required hereunder, Landlord grants Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted the right to enter the Premises Premises. at Tenant’s sole risk ten (10) days prior to Landlord’s reasonable estimate of the Commencement Date solely for the purpose of installing cabling, equipment, furnishings and other personalty. Such possession prior to the Commencement Date for the purpose of 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 terms and conditions of this Lease, except that Tenant shall not be required to pay any Base Rent on account thereof. Any entry or installation work by with respect to the period of time prior to the Commencement Date during which Tenant and its agents in occupies the Premises pursuant for such purposes. However, Tenant shall be liable for any parking charges, utilities or special services provided to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskTenant during such period. Notwithstanding the foregoing, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or Tenant takes possession of the Premises before the Commencement Date for purposes any purpose other than as expressly provided in this Paragraph, such possession shall be subject to the terms and conditions of the Lease. this Lease and Tenant shall indemnify, defendpay Base Rent, and hold any other charges payable hereunder to Landlord harmless From for each day of possession before the Commencement Date. Said early possession shall not advance the Expiration Date. Landlord may withdraw such permission to enter the Premises prior to the Commencement Date at 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 time that Landlord reasonably determines that such entry by Tenant of any early is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry right granted hereunder. In the event Tenant's work in said Premises delays by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of the interior improvements to be provided by Landlord, if any, or in ’s Work at 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantearliest possible date.
Appears in 1 contract
Samples: Lease (Cardiva Medical, Inc.)
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior to the ----------- Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computerswhich 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". Such 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, except that 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 pay cooperate with Tenant if such cooperation results in a delay in completing the Improvements. In any Rent on account thereof. Any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry or installation work by Tenant and its agents in upon 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 Agents (as that term is defined in Subparagraph 29.G.) prior to pay Rent under the Lease would otherwise commence may be delayed because Commencement Date 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, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. 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 completion of completing the construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry then the Commencement Date shall be deemed to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of have occurred on the date it the Improvements would otherwise have commenced absent been completed had there been no such delay caused by TenantTenant or its Agents.
Appears in 1 contract
Early Entry. Subject Tenant and its authorized agents, contractors, subcontractors, consultants and employees are hereby granted a license by Landlord, beginning two (2) weeks prior to the Suite 1410 Expansion Commencement Date, to enter upon the Suite 1410 Expansion Premises at Tenant's sole risk and expense, other than Landlord's gross negligence or willful misconduct, for purposes of performing the installation of telecommunications wiring, fixtures, and equipment; provided, however, that (a) all obligations of Tenant under the Lease, as amended by this Third Amendment except with respect to the payment of rent with respect to the Suite 1410 Expansion Premises, shall apply during such early entry, (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Paragraph 47Article 11 of the Existing Lease as though the Suite 1410 Expansion Premises were part of the Premises, ("c) prior to such entry, Tenant Interior ----------- Improvements"shall have delivered to Landlord an executed original of this Third Amendment and payment in an amount equal to the Monthly Installment of Rent with respect to the Suite 1410 Expansion Premises for the first (1st) month of the term in which such Monthly Installment of Rent is due ($23,476.75) and (d) Tenant and its agents and contractors shall be permitted to enter not interfere with the Premises prior to the Commencement Date for the purpose of 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 completion of the terms and conditions of this Lease, except Landlord's Work in any material way provided that Tenant shall not be required to pay any Rent on account thereofso delaying Landlord if Tenant corrects such underlying delay condition within one (1) business day after notice of same from Landlord. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Upon 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 breach of any of the Premises for purposes of the Lease. Tenant shall indemnifyforegoing conditions, defendLandlord may, 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 in addition 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by exercising any of such causes or by any its other act of Tenant (except rights and remedies as expressly provided herein) andset forth in this Third Amendment, in the event it is so delayed, Tenant's obligation revoke such license upon notice to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises Buildings prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computers. Such 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, except 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 Date 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, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if the entry by Tenant prior to the Commencement Date causes a delay in completing the construction of the Improvements, then the Commencement Date shall be deemed to have occurred on the date the Improvements would have been completed had there been no such delay caused by Tenant or its a, employees, contractors or representatives. If Tenant does not immediately comply with notice from Landlord requesting that Tenant cease any interference with Landlord's construction activities, Tenant shall be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in vacate the Premises pursuant and shall have no further right to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in enter the Premises (if any), and (iii) not be deemed occupancy or possession of until 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Cisco Systems Inc)
Early Entry. Subject Provided no Default then exists, from and after October 1, 2008 through and including November 2, 2008 (such period, the “Early Access Period”), Sublessor shall permit Subtenant reasonable access to the Sublet Premises (subject to the provisions of Paragraph 47this subsection (b)) for purposes of surveying telecommunications requirements and for installing, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's Subtenant’s sole cost and expense, Tenant's trade fixtures voice and equipmentdata systems, telephone equipmenttelecommunications cabling and wiring (subject to the provisions of this Sublease, security systems and cabling for computersincluding, without limitation, Section 15 of this Sublease) in the Sublet Premises. Such entry access to the Sublet Premises shall be subject 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 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 any 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 reimburse Sublessor, within thirty (30) days after invoice, all costs associated with access during the 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 early access. 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 Landlord in granting such access. Notwithstanding anything in this Sublease to the contrary, all of the terms and conditions provisions of this LeaseSublease (including, without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that Tenant during such period Subtenant shall not be required obligated to pay any Rent on account thereof. Any entry Annual Base Subrent 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantAdditional Subrent.
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Early Entry. Subject to During the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises 60 days prior to the Commencement Date Date, Tenant, along with its contractors, may enter the Leased Premises, with no obligation to pay rent, for the purpose of installing at Tenant's sole cost furniture and expense, Tenant's business and trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall installation is to be subject performed in accordance with the applicable provisions of Section 4.2. Such prior occupancy by Tenant is to all be arranged so as not to result in any delay in the overall construction effort of, or additional cost to, Landlord and so as not to create a jurisdictional dispute with any of the terms and conditions of this Lease, except that building trades employed by Landlord. Tenant shall will not be required to pay any Rent on account thereof. Any entry charged for the use of elevators, hoists or Building services during such 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 Leased Premises (if any)or Tenant's actual move into the Building, unless such use results in an additional charge to Landlord, in which case Tenant is to reimburse Landlord upon demand the amount of the additional charge. Prior to any such early entry, Tenant must give Landlord reasonable prior written notice, and, as a condition to such entry by Tenant for such purposes, Tenant is to deliver to Landlord evidence that the insurance required to be carried by Tenant pursuant to the provisions of Section 7.2 is in effect. If Tenant's prior occupancy under this Section results in a delay in the overall construction effort of, or additional cost to, Landlord, Landlord is to give Tenant written notice thereof, and (iii) not be deemed occupancy Tenant is to, on demand, reimburse Landlord for all such costs 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 damages incurred by Landlord. Notwithstanding anything herein to the contrary, 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 Leased Premises are available for occupancy prior to August 1, 1996 regardless of 2002, Tenant may move in and occupy the construction status of said interior improvements completed or premises prior to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's August 1, 2002 with no obligation to pay Rent under rent and such prior occupancy will not affect the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantCommencement Date.
Appears in 1 contract
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of 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 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 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 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 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 schedule Commencement Date of January August 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Com21 Inc)
Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’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 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 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’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 from any and all loss, damage, liability, expense (including reasonable attorney's ’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 ’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 its interior improvements improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date earlier of January 1(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, 1996 or (y) the date Landlord would have completed the Tenant Improvements but for the delay caused by Tenant regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence case may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitybe. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent 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 ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.. It is agreed in the event said Lease commences on 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 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
Early Entry. Subject Prior to the provisions delivery of Paragraph 47each portion of the Subleased Premises as set forth in Section 3.3 above, ("Tenant Interior ----------- Improvements") Tenant Sublessee and its Sublessee’s employees, agents and contractors shall be permitted to enter such undelivered portions of the Subleased Premises prior to the Commencement Date during Building business hours (as determined by Sublessor in its sole discretion) for the purpose sole purposes of installing at Tenant's sole cost preparing construction drawing, plans and expensespecifications, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersno other purposes. Such entry shall be subject to all of the terms and conditions of the Master Lease and this LeaseSublease, except that Tenant including without limitation, (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 on account thereofnor Operating Expense Payments for Real Property Taxes, insurance premiums and common area expenses with regard to such early entry. Any Sublessee shall furnish to Sublessor evidence of the insurance required under Section 7 of this Sublease prior to any entry or installation work by Tenant and its agents in into any portion of 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)Subleased Premises. Moreover, and (iii) not be deemed occupancy or possession of without limiting the Premises for purposes of the Lease. Tenant foregoing, Sublessee shall indemnify, defendprotect, defend with counsel reasonably acceptable to Sublessor and hold Landlord harmless From Sublessor and Sublessor’s shareholders, directors, officers, employees, agents, affiliates, successors and assigns from and against any and all lossclaims, damagedemands, liabilityliabilities, expense (judgments, losses, causes of action, fines, penalties, damages, costs and expenses, including reasonable attorney's feesattorneys’ and experts’ fees (collectively, “Claims”), claim caused by or demand of whatsoever characterarising in connection with the early entry described in this Section 3.4, direct including without limitation, any Claims by Master Lessor that Sublessor has committed (or consequential, including, but without limiting thereby allegedly committed) a default and/or breach under the generality Master Lease by permitting the early entry described in this Section 3.4 if made prior to delivery of the foregoing, injury to Sublease Consent. Sublessee’s indemnification and other covenants provided in this Section 3.4 shall survive the expiration or death termination 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantSublease.
Appears in 1 contract
Samples: Sandisk Corp
Early Entry. Subject Notwithstanding anything herein to the provisions contrary, as of Paragraph 47the Expansion Premises Delivery Date (as defined below), ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to Tenant’s invitees may enter the Expansion Premises, at Tenant’s sole risk, for the sole purpose of installation of the Expansion Premises Tenant Improvements (as defined in Section 2.1 of Exhibit B attached hereto and made a part hereof), and its furniture, fixtures and equipment (collectively, 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 installing at the FF&E (and not for the conduct of Tenant's sole cost ’s business) and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to on all of the terms and conditions of this Leasethe Lease as though the Expansion Premises Lease Team had commenced on the Expansion Premises Delivery Date, except that Tenant shall not be required the obligation to pay any Rent Rent. The “Expansion Premises Delivery Date” shall mean that date on account thereof. Any entry or installation work which all of the following have occurred: (a) this Amendment is fully executed and delivered by Landlord and Tenant; and (b) Tenant and its agents in the Premises pursuant has delivered to this Paragraph 44 shall Landlord (i) be undertaken at Tenant's sole riskRent for the Expansion Premises Lease Month 6, and (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession evidence of the Premises for purposes insurance described in Article VII of the Lease. Tenant shall indemnify, defend, and hold give Landlord harmless From any and all loss, damage, liability, expense twenty-four (including reasonable attorney's fees), claim or demand 24) hours prior written notice of whatsoever character, direct or consequential, including, but without limiting thereby its initial entry into 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 Expansion 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 LandlordTenant’s invitees pursuant to this Section 2(c) but thereafter shall not be required to provide Landlord with such notice. Landlord and Tenant acknowledge shall ensure that any entry by Tenant or its invitees does not unreasonably interfere with the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in construction or completion of construction of the Tenant Improvements due any work to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained performed by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenanthereunder.
Appears in 1 contract
Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be ----------- permitted to enter the Premises prior to the Commencement Date for the purpose of 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 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 3.B shall (i) be undertaken at Tenant's sole risk, (ii) not --------- interfere --------- with or delay Landlord's work in the Premises (if any)Premises, 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 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 Initial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 2 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Opti Inc)
Early Entry. Subject Notwithstanding anything to the provisions contrary herein, provided that the written consent of Paragraph 47Landlord to this Sublease has been received by Sublessor and Sublessee, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors Sublessee shall be permitted have the right to enter occupy the Premises five (5) business days prior to the Commencement Date for the purpose of installing at Tenantfurniture, cabling and personal property on the Premises and Sublessee's sole cost contractor shall be allowed to enter the Premises fifteen (15) business days prior to the Commencement Date for the purpose of installing data and expensetelephone lines, Tenantprovided that: (i) Sublessee's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such 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 subject to all of the terms and conditions of this LeaseSublease, except that Tenant 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 account thereof. Any entry or installation work by the Premises; (iv) during the last five (5) business days of early occupancy, Tenant shall arrange to have all utilities services, including but not limited to storm and its agents in 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 pursuant during the last five (5) business days prior 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 the cost of such utilities 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 that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless parties); and (v) Sublessee shall provide Sublessor before such early entry with certificates of the construction status insurance required 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 due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures Sublessee pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period terms of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent 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 pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantthis Sublease.
Appears in 1 contract
Samples: Sub Sublease (Zoran Corp \De\)
