Common use of Early Entry Clause in Contracts

Early Entry. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant's sole risk and expense, during ordinary business hours prior to the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of this Lease, other than with respect to the payment of Rent, shall apply during such early entry including, but not limited to, the provisions of Article XI relating to Tenant's indemnification of Landlord, (ii) 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 Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises for purposes of establishing the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (United Natural Foods Inc)

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Early Entry. Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to Exhibit D hereof, Landlord shall permit Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord agents to enter upon the Premises, at Tenant's sole risk and expense, during ordinary business hours Premises 30 days prior to the Commencement DateDate of the Lease in order that Tenant may install its telephones, for furniture, equipment and computers, which entry and installation work shall not trigger the sole purpose of installing Tenant's trade fixtures and equipment in Commencement Date under this Lease. The foregoing license to enter the Premises; provided, Premises prior to the Commencement Date is however, that conditioned upon (i) the provisions compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry and (ii) Tenant’s contractors and their subcontractors and employees working in harmony and not unreasonably interfering with the work being performed by Landlord. If at any time that entry shall cause disharmony or interfere with the work being performed by Landlord (if any), this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant’s access to the Premises prior to the Commencement Date shall be subject to all of the terms and obligations of this Lease, other than with respect including the indemnity provisions herein, except that Tenant shall not be required to pay Basic Rent during that period unless it commences its business activities in the payment of RentPremises. Landlord shall not be liable in any way for any injury, shall apply during such early entry including, but not limited to, the provisions of Article XI relating to Tenant's indemnification of Landlord, (ii) prior loss or damage which may occur to any such entrywork being performed by Tenant, Tenant the same being solely at Tenant’s risk. In no event shall pay for and provide evidence the failure of Tenant’s contractors to complete any work in the Premises extend the Commencement Date of the insurance to be provided by Tenant pursuant to the provisions of Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises for purposes of establishing the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Janux Therapeutics, Inc.)

Early Entry. Landlord hereby agrees that upon prior written notice to Landlord, Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant's sole risk and expensemay, during ordinary business hours prior to the Commencement Date, at Tenant's sole risk, enter upon the Premises for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of this Lease, other than with respect to the payment of RentMonthly Rent and items payable by Tenant and Additional Rent (other than Tenant's insurance obligations as set forth in Paragraph 20 of the Lease), shall apply during such early entry entry, specifically including, but not limited to, the provisions of Article XI Paragraph 20(a) relating to Tenant's the indemnification of Landlord, ; (ii) prior to any such entry, Tenant shall pay for and provide evidence of the insurance Insurance to be provided by Tenant pursuant to the provisions of Article XI, Paragraph 20 of the Lease; (iii) Tenant shall pay all utility, service and maintenance utility charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, ; and (iv) Tenant shall will not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements improvements in accordance with the provisions of this Lease, and (v) . Tenant shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with under this Section 3.3 Paragraph 4(b) shall not constitute occupancy of the Premises for purposes of establishing the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Kofax Image Products Inc)

Early Entry. Tenant and its authorized agents, contractors, subcontractors agents and employees contractors shall be granted a license by Landlord permitted to enter upon the Premises, Premises prior to the Commencement Date for the purpose of installing at Tenant's sole risk cost and expense, during ordinary business hours prior to the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipment in equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the Premises; provided, however, that (i) the provisions terms and conditions of this Lease, other than with respect 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 payment of Rent, Premises pursuant to this Paragraph 44 shall apply during such early entry including, but not limited to, the provisions of Article XI relating to (i) be undertaken at Tenant's indemnification of LandlordSOLE RISK, (ii) prior to any such entrynot interfere with or delay Landlord's work in the Premises, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not unreasonably interfere, delay be deemed occupancy or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy possession of the Premises for purposes of establishing 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 the aforementioned installations by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of October 15, 1994 regardless of the construction status of said interior improvements.

Appears in 1 contract

Samples: Lease Agreement (Quantum Effect Devices Inc)

Early Entry. Landlord shall allow Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, Premises at Tenant's sole risk and expense, during ordinary business hours least thirty (30) days prior to the Commencement Date, date upon which the Premises is deemed “substantially complete” for the sole purpose of installing Tenant's trade fixtures and furniture, telecommunications systems, data cabling, equipment in or other personal property (the Premises; provided, however, “Preparation Work”). Provided that (i) Tenant has provided prior written notice to Landlord of its intention to enter the provisions Premises under this Section 3.4; (ii) Tenant delivers to Landlord the insurance certificates required under Section 14 below; and (iii) such early entry is for the sole purpose of performing the Preparation Work, Tenant shall not be required to pay Rent (defined below) during such thirty (30) early occupancy period (with the exception of the cost of services requested by Tenant [e.g. freight elevator usage]) but shall otherwise be subject to all of the terms and conditions of this Lease, other than with respect to the payment of Rent, shall apply during . Any such early entry including, but not limited to, the provisions of Article XI relating to Tenant's indemnification of Landlord, (ii) 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 Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not unreasonably interfereinterfere with the completion of the Landlord Work, delay the Tenant Improvements (hereafter defined) or hinder Landlord, its agents, contractors or subcontractors the improvement work of any other tenants in the construction Building and Tenant shall use its good faith, reasonable efforts to coordinate its early entry so as not to interfere with the Landlord Work and the completion of the Tenant Improvements Improvements. Notwithstanding the foregoing, Landlord may terminate Tenant’s early right of entry at any time without any liability to Tenant for any loss or damage incurred by Tenant as a result thereof, in accordance the event Landlord reasonably determines that Tenant’s presence is interfering with the provisions of this Lease, and (v) Tenant shall not use Landlord Work or the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any completion of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises for purposes of establishing the Commencement DateImprovements.

Appears in 1 contract

Samples: Office Lease (Avanir Pharmaceuticals, Inc.)

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Early Entry. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant's sole risk and expense, during ordinary business hours prior to the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of this Lease, other than with respect to the payment of Monthly Rent, shall apply during such early entry including, but not limited to, the provisions of Article XI relating to Tenant's indemnification of Landlord, (ii) ii )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 Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises for purposes of establishing the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Agouron Pharmaceuticals Inc)

Early Entry. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant's sole risk and expense, during ordinary business hours prior to the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of this Lease, other than with respect to the payment of Monthly Rent, shall apply during such early entry entry, including, but not limited to, the provisions of Article XI relating to Tenant's exculpation and indemnification of Landlord, (ii) 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 Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry, and (vi) Tenant shall at all times comply with Landlord's rules and regulations regarding tenant move-in procedures. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon written notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises for purposes of establishing the Commencement Date.

Appears in 1 contract

Samples: Office Lease (Noosh Inc)

Early Entry. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant's sole risk and expense, during ordinary business hours prior to t the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of this Lease, other than with respect to the payment of Monthly Rent, shall apply during such early entry entry, including, but not limited to, the provisions of Article XI relating to Tenant's indemnification of Landlord, (ii) prior to any such entry, Tenant shall pay for and provide evidence of the insurance Insurance to be provided by Tenant pursuant to the provisions of Article XI, (iii) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (iv) Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with the provisions of this Lease, and (v) Tenant shall not use the Premises for of the storage of inventory or otherwise commence the operation of business during the period of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises for of purposes of establishing the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Omnicell Com /Ca/)

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