Early Entry. Subject to the following provisions of this Section 2.3, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors.
Appears in 2 contracts
Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)
Early Entry. Subject Notwithstanding anything herein to the following provisions contrary, as of this October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 2.34.06 below, Tenant shall have and (4) any items required as of such time pursuant to the right to Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systemsextent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, fixtures and trade fixtures, equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits telecommunications systems and other approvals required equipment thereon. Prior to perform its work during the early entry on Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and (vi) Tenant agrees Lessor reserves the right to indemnify, protect, defend and save Landlord and make any use of the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the early entry, use, construction, or Delivery Date. Lessee’s occupancy of the Premises by Tenant following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its agentsbusiness therein, employees or contractors.in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..
Appears in 2 contracts
Samples: Triple Net Space Lease (Biotech Spinco, Inc.), Triple Net Space Lease (PDL Biopharma, Inc.)
Early Entry. Subject During any period that Tenant shall be permitted to enter the Premises prior to the following Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Section 2.3Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises prior to the Commencement Date, Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant’s early entry extend or shorten the Term of the Lease set forth in § 1.2 above. Notwithstanding anything to the contrary herein, Tenant shall have the right to enter the Premises no earlier than fifteen free from the obligation to pay Rent for the period commencing two (152) days weeks prior to the Possession Commencement Date to install phone systems, furniture, for the limited purposes installing Tenant’s furniture and fixtures and telephone and data equipment, etc. lines, and such early entry cabling, and otherwise preparing the Premises for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at ’s occupancy, provided that Tenant's sole risk, (ii) Tenant shall ’s activity does not interfere with Landlord or Landlord's contractors completing work within ’s completion of the Premises or cause any labor difficulties; Tenant, together with its employees, agents Work and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) that Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide has delivered to Landlord the insurance 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, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorsSecurity Deposit required hereunder.
Appears in 2 contracts
Samples: Office Lease (Satsuma Pharmaceuticals, Inc.), Office Lease (Satsuma Pharmaceuticals, Inc.)
Early Entry. Subject Tenant and its agents and contractors shall be permitted to the following provisions of this Section 2.3, Tenant shall have the right to ----------- enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of Installing at Tenant's sole cost and expense, furniture, Tenant's trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation of Tenant's business 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 not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's sole risk, (ii) Tenant shall not interfere --------- with Landlord or delay Landlord's contractors completing work within in the Premises or cause any labor difficulties; Tenant, together with its employees, agents (if any) and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy 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 August 15, 1995 regardless of the Premises construction status of said interior improvements completed or to be completed by Tenant or its agents, employees or contractorsLandlord.
Appears in 1 contract
Samples: Lease Agreement (Opti Inc)
Early Entry. Subject Notwithstanding anything to the following provisions contrary herein, provided that the written consent of Landlord to this Section 2.3Sublease has been received by Sublessor and Sublessee, Tenant Sublessee shall have the right to occupy the Premises five (5) business days prior to the Commencement Date for the purpose of installing furniture, cabling and personal property on the Premises and Sublessee's contractor shall be allowed to enter the Premises no earlier than fifteen (15) business days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing data and telephone lines, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees provided that: (i) any such Sublessee's early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlordany of Sublessor's contractors completing work within activities on the Premises or cause any labor difficultiesduring such period; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction (ii) Sublessee shall give Sublessor written notice of Landlord's contractor, such entry at least five (5) days in advance; (iii) such entry on the Premises shall be of the terms of this Sublease, except that Sublessee shall not be required to pay any monthly Base Rent hereunder during any period of early entry if Sublessee is not conducting Sublessee's business on the Premises; (iv) during the last five (5) business days of early occupancy, Tenant shall comply with arrange to have all utilities services, including but not limited to storm and be bound by all provisions of this Lease sanitary sewer service, gas, electric, domestic and irrigation water and trash billed directly to Sublessee for payment or, at Landlord's option, reimburse Sublessor for the cost thereof (provided that, if Sublessor continues to occupy the Premises during the last five (5) business days prior to the Commencement Date, the 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 any such utilities between the parties); and (v) Sublessee shall provide Sublessor before such early entry except for with certificates of the payment insurance required of Rent, (iv) prior Sublessee pursuant to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions terms of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorsSublease.
Appears in 1 contract
Samples: Sub Sublease (Zoran Corp \De\)
Early Entry. Subject to the following provisions of this Section 2.3Tenant and its authorized agents, Tenant contractors, subcontractors and employees shall have the right be granted a license by Landlord to enter upon the Premises no earlier than fifteen Premises, at Tenant's sole risk and expense, at least ten (1510) days prior to the Possession Commencement Date to install phone systems, furniture, fixtures and equipment, etc. so long as such entry does not interfere with Landlord's work in the Premises or in the Project; provided, however, that (a) the provisions of this Lease (other than with respect to the payment of Monthly Rent or payment of Operating Expenses and Additional Rent for Operating Expenses (i.e. both Project Costs and Real Property Taxes)), shall apply during such early entry for such purposes shall entry, including, but not constitute occupancy for operation limited to, the provisions of Article XI relating to Tenant's business indemnification of Landlord, (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 Article XI, (c) Tenant shall not trigger pay all separately metered utility, service and maintenance charges for the Possession Date or Premises attributable to Tenant's early entry and use of the Commencement Date. Premises as reasonably determined by Landlord, (d) prior to such entry, Tenant agrees shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) any such early entry by Tenant shall be at Monthly Rent and Tenant's sole riskShare of estimated Operating Expenses for the first (1st) month) of the Term in which such amounts are due, plus (ii) the Security Deposit set forth in Item 10 of the Basic Lease Provisions, and (e) Tenant shall not interfere with Landlord the completion of the Tenant Improvements or Landlord's contractors completing work within the Premises or cause other improvements in any labor difficulties; way. Upon Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period breach of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entryforegoing conditions, useLandlord may, constructionin addition to exercising any of its other rights and remedies set forth herein, or occupancy of the Premises by Tenant or its agents, employees or contractorsrevoke such license upon notice to Tenant.
Appears in 1 contract
Samples: Office Lease (8x8 Inc /De/)
Early Entry. Subject to the following provisions of this Section 2.3Paragraph 9 (“As Is Basis”), upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the Premises is available for Tenant’s entry, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant’s sole cost and expense, furniture, Tenant’s trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers (“Tenant’s Work”). Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation be required to pay any Rent on account thereof, provided none of Tenant's business ’s operating personnel occupy said Premises. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 2.C shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's ’s sole risk, (ii) Tenant shall not interfere with Landlord or delay Landlord's contractors completing ’s work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney’s fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant’s Work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or in the event Tenant has not completed Tenant’s Work by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the 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(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of November 1, 2006 regardless of the construction status of said interior improvements completed or to be completed by Tenant or its agentsLandlord, employees as the case may be. 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 contractors.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. 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.
Appears in 1 contract
Early Entry. Subject Landlord hereby agrees that upon prior written notice to the following provisions of this Section 2.3Landlord, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days and its authorized agents, contractors, subcontractors and employees may, during ordinary business hours prior to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be , at Tenant's 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 Monthly 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, specifically including, but not limited to, the provisions of Paragraph 20(a) relating to the indemnification of Landlord; (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within pay for and provide evidence of the Premises or cause any labor difficultiesInsurance to be provided by Tenant pursuant to the provisions of Paragraph 20 of the Lease; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by pay all provisions of this Lease during utility charges for the period of any such Premises attributable to Tenant's early entry except for and use of the payment of Rent, Premises as reasonably determined by Landlord; and (iv) prior to entry upon Tenant will not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the Premises by Tenant, construction of the Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply improvements in accordance with the provisions of this Lease relating to insurance, (v) Lease. Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes period of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the such early entry, use, construction, or . Early entry under this Paragraph 4(b) shall not constitute occupancy of the Premises by Tenant or its agents, employees or contractorsfor purposes of establishing the Commencement Date.
Appears in 1 contract
Early Entry. (a) Subject to the following provisions of this Section 2.3Legal Requirements and Landlord’s prior written approval, Landlord may allow Tenant shall have the right to enter install its machinery, equipment, fixtures, or other personal property on the Premises no earlier than fifteen (15) days prior to during the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall final stages of completion of construction of the Building provided that Tenant does not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not thereby interfere with Landlord or Landlord's contractors completing work within the Premises completion of construction of the Building or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction dispute as a result of Landlord's contractor, such installations.
(iiib) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide give to Landlord certificates evidencing the existence and amounts not less than five (5) days’ prior written notice of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating its request to insurance, (v) Tenant and its agents and contractors agree have such access to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, which notice shall contain and/or shall be accompanied by: (1) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (vi2) Tenant agrees to indemnifythe names and addresses of all contractors, protect, defend subcontractors and save Landlord material suppliers for whom and which such early access is being requested and the Premises harmless from approximate number of individuals, itemized by trade, who will be present in the Premises; (3) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (4) copies of all plans and specifications pertaining to the work for which such access is being requested; (5) copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; (6) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against any and all liens, liabilities, losses, damagesclaims, costs, expenses, demands, actions, causes of action damages and claims liabilities which may arise in connection with such work; and (including, without limitation, attorneys' fees and legal costs7) arising out assurances of the early entryavailability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, use, construction, or occupancy which shall not be unreasonably withheld.
(c) Any such entry into and occupation of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Base Rent and Operating Expenses, but specifically including the obligation of Tenant to provide insurance pursuant to the terms of the Lease.
(d) Tenant does hereby agree to assume all risk of loss or damage to its agentsmachinery, employees equipment, fixtures, and other personal property and to indemnify, defend, and hold Landlord harmless from any loss or damage to such property, and all liability, loss, or damage arising from any injury to the Premises, the Project or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of Tenant’s installations. THE INDEMNITY OBLIGATIONS OF TENANT UNDER THIS SECTION (d) WILL BE IN EFFECT EVEN IF THE INJURY IS THE RESULT OF, OR CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF LANDLORD.
Appears in 1 contract
Samples: Lease Agreement (Phunware, Inc.)
Early Entry. Subject Notwithstanding anything to the following provisions contrary contained herein, upon Xxxxxxxx’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and at the discretion of this Section 2.3the Contractor, Tenant shall have the right reasonable access to enter the Premises no earlier than fifteen (15) days prior on or before August 1, 2020, in order to the Possession Date to install phone systems, furniture, begin installing Tenant’s trade fixtures and equipmentpersonal property and for any other legal purpose reasonably acceptable to Landlord which is necessary for the preparation of the Premises for operation of a charter school by Tenant (excluding the instruction of students at the Premises), etc. and provided that such early entry for such purposes and installation of Tenant’s trade fixtures and personal property shall not constitute occupancy for operation unreasonably interfere with the timely construction and completion of Tenant's business and shall not trigger the Possession Date or the Commencement DateLandlord Improvements. Tenant agrees (i) any such Such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to all the terms and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, which will become due and payable on the Rent Commencement Date. Without limiting the generality of the foregoing in any manner whatsoever and by way of example only, and to the extent that the portion of the Premises sought to be used by Tenant is complete and access to and from such portion would not pose a risk of harm to any attendees or a material interference to ongoing construction, the following activities on the Premises are hereby approved by Landlord, but subject to reasonable timely notice, for purposes of this Section provided that such activities are otherwise allowed by applicable authority and permitted by the Contractor, at the Contractor’s discretion: (i) employee meetings and orientation, (ii) kitchen personnel having access to the Premises in order to stock, organize and arrange the cafeteria which is a part of the Facility, (iii) public forums, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurancerecruitment meetings, (v) Tenant technology personnel having access to the Premises in order to install, test and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during monitor the early entry on various technology components of the PremisesFacility, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and stationing a receptionist/representative at the Premises harmless from to facilitate walk-in meetings and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy tours of the Premises by Tenant or its agents, employees or contractorsand the Facility.
Appears in 1 contract
Samples: Build to Suit Lease and Option
Early Entry. Subject to (i) As soon as practicable following the following provisions of this Section 2.3Effective Date, Tenant Sublandlord shall have the right permit Subtenant and its contractors to enter the Subleased Premises no earlier than fifteen (15) days prior for the exclusive purpose of measuring the Subleased Premises and performing other planning activities that are necessary as a precursor to the Possession Date to install phone systems, furniture, fixtures Subtenant Work (as hereinafter defined). The scheduling and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation coordination of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent Subtenant’s contractors will be subject to regulation by Sublandlord to avoid interferences with labor employed by Sublandlord.
(ii) Upon written request from Subtenant delivered after completion of the Sublandlord Work, Sublandlord may elect (which election must be in writing), in its sole discretion, to permit Subtenant and will work its contractors and workmen to enter the Sublease Premises for the exclusive purposes of coordinating and performing the Subtenant Work (as hereinafter defined) and relocating its services and equipment within the Subleased Premises. The license permitted under this subsection (ii) shall be subject to (A) Subtenant’s providing Sublandlord with evidence of commercial general liability insurance in amounts reasonably required by Sublandlord, the direction requirements of Landlord's contractor, subsection (iii) Tenant below, and such other terms and conditions as Sublandlord may impose in its sole discretion.
(iii) The licenses to enter prior to the Commencement Date (but after the Effective Date) set forth in subparagraphs (i) and (ii) above, however, are conditioned upon Subtenant’s contractors working in harmony and not interfering with the labor employed by Sublandlord. Any such entry before the Commencement Date shall comply with and be bound by subject to all provisions terms of this Lease during Sublease, except the period of any covenant to pay Base Rent; provided, that no such early entry except for shall be deemed to constitute occupancy by Subtenant or change the payment Commencement Date. Subtenant shall indemnify and hold harmless Sublandlord, Sublandlord’s affiliates, and any of Renttheir respective agents, (iv) prior employees, licensees, servants, invitees, or contractors from any damage to the Building, the Subleased Premises or any persons caused by Subtenant or Subtenant’s agents, employees, licensees, servants, invitees, or contractors during such period of early entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply or otherwise in connection with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorsSubtenant Work.
Appears in 1 contract
Samples: Sublease (Capitalsource Inc)
Early Entry. Subject During any period that Tenant shall be permitted to enter the Premises prior to the following Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Section 2.3Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises prior to the Commencement Date, Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant's early entry extend or shorten the Term of the Lease set forth in S 1.2 above. Notwithstanding anything to the contrary herein, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior free from the obligation to pay Rent for the Possession Date period commencing on the date of the parties' full execution and delivery of this Lease to install phone systems, furniture, each other for the limited purposes installing Tenant's furniture and fixtures and telephone and data equipment, etc. lines, and such early entry cabling and otherwise preparing the Premises for such purposes shall not constitute occupancy for operation of Tenant's occupancy (but not the purpose of conducting its business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at therein), provided that Tenant's sole risk, (ii) Tenant shall activity does not interfere with Landlord or Landlord's contractors completing work within completion of the Premises or cause any labor difficulties; Tenant, together with its employees, agents Work and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) that Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide has delivered to Landlord the insurance 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, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorsSecurity Deposit required hereunder.
Appears in 1 contract
Samples: Office Lease (MyoKardia Inc)
Early Entry. Subject to Notwithstanding the following provisions fact that the term of this Section 2.3Lease does not commence until the later of Substantial Completion of Landlord’s Work or December 1, 2023, Tenant shall have the right to enter into the Premises no earlier than fifteen ten (1510) business days prior to occupancy, subject to all terms and conditions of this Lease, for the Possession Date to install phone systems, furniture, fixtures installation of equipment and equipment, etctrade fixtures. and such The foregoing right of early entry for such purposes shall be subject to each of the following terms and conditions: (a) Tenant's entry prior to the commencement of the Lease shall not constitute occupancy for operation materially interfere with the construction or completion of any Landlord's Work or cause labor difficulties; (b) Tenant's business entry prior to the Lease Commencement Date shall be deemed to be on, and shall be subject to, all of the terms and conditions of the Lease, other than the obligation to pay Basic Monthly Rent and Additional Rent; (c) Tenant must, and hereby does, agree to indemnify, defend, and hold harmless Landlord and Landlord's agents, employees, and contractors against all claims, liability, and damages arising from Tenant's entry prior to the Lease Commencement Date in accordance with the indemnity provisions under the Lease; (d) Tenant's entry prior to the Lease Commencement Date does not trigger constitute the Possession Date or commencement of the Lease; and (e) Landlord will permit entry by Xxxxxx's contractors into the Premises for the purposes of performing Tenant's Work, if any (as defined in Exhibit "C"), prior to the Lease Commencement Date. Tenant agrees , subject to satisfaction of the conditions set forth in the Lease and in Exhibit “C”, and (i) any such early entry by Tenant shall be at Tenant's sole risk, (iif) Tenant shall not interfere with have provided proof of insurance (including early access insurance) to Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on accessing the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors.
Appears in 1 contract
Early Entry. Subject to the following provisions of this Section 2.3, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant's sole cost and expense, furniture, Tenant's trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation of Tenant's business 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 not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or delay Landlord's contractors completing work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy 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 December 1, 1995 regardless of the Premises construction status of said interior improvements completed or to be completed by Tenant or its agentsLandlord. 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, employees or contractorsin 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 (Transmeta Corp)
Early Entry. Subject to the following provisions of this Section 2.3Tenant and its authorized agents, Tenant contractors, subcontractors and employees shall have the right be granted a license by Landlord to enter upon the Premises no earlier than fifteen Premises, at Tenant’s sole risk and expense, twenty-one (1521) days prior to the Possession Commencement Date to install phone systems, furniture, fixtures and equipment, etc. and so long as such entry does not interfere with Landlord's work in the Premises or in the Project; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Monthly Rent or payment of Operating Expenses, shall apply during such early entry, including, but not limited to, the provisions of Article XI relating to Tenant’s indemnification of Landlord, (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 Article XI, (c) Tenant shall pay all separately metered utility, service and maintenance charges for the Premises attributable to Tenant’s early entry for and use of the Premises as reasonably determined by Landlord, (d) prior to such purposes entry, Tenant shall not constitute occupancy for operation have delivered to Landlord an executed original of Tenant's business this Lease and shall not trigger the Possession Date or the Commencement Date. Tenant agrees payment in an amount equal to: (i) any Monthly Rent and Tenant’s Share of estimated Operating Expenses for the first (1st) month) of the Term in which such early entry by Tenant shall be at Tenant's sole riskamounts are due, plus (ii) the L-C (as defined below) required under Section 4.6 below, and (e) Tenant shall not interfere with Landlord the completion of the Tenant Improvements or any other Landlord's contractors completing work within in the Premises or cause Project in any labor difficulties; way. Upon Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period ’s breach of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entryforegoing conditions, useLandlord may, constructionin addition to exercising any of its other rights and remedies set forth herein, or occupancy of the Premises by Tenant or its agents, employees or contractorsrevoke such license upon Notice to Tenant.
Appears in 1 contract
Early Entry. Subject Notwithstanding anything to the following provisions of this Section 2.3contrary in Paragraphs 2B and ----------- 2C, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant's sole cost and expense, furniture, Tenant's trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation of Tenant's business 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 40 shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's sole risk, (ii) Tenant shall not interfere --------- with Landlord or delay Landlord's contractors completing work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy in the event Tenant has not completed construction of it's interior improvements by the scheduled Page 9 Initial: /s/ MS MCD MRB --------------------- Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of June 1, 1995 regardless of the Premises construction status of said interior improvements completed or to be completed by Tenant or its agents, employees or contractorsLandlord.
Appears in 1 contract
Early Entry. Subject to the following provisions of this Section 2.3, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant's sole cost and expense, furniture, Tenant's trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation of Tenant's business 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 not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or delay Landlord's contractors completing work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy 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 August 15, 1995 regardless of the Premises construction status of said interior improvements completed or to be completed by Tenant or its agents, employees or contractorsLandlord.
Appears in 1 contract
Samples: Lease Agreement (First Virtual Corp)
Early Entry. Subject With the prior written consent of Landlord, not to be unreasonably withheld, delayed or conditioned, Tenant may, at Tenant's own risk, enter the Shell Improvements prior to the date of Shell Substantial Completion. The entry may be made solely to install the Tenant Improvements, Tenant's trade fixtures and equipment and shall be subject to the following provisions of this Section 2.3, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systems, furniture, fixtures terms and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees conditions: (i) any such Tenant's early entry by Tenant shall be at Tenant's sole risk, may not interfere with the construction of any Shell Improvements or cause labor difficulties; (ii) Tenant shall not interfere with Landlord or LandlordTenant's contractors completing work within early entry must be on all the Premises or cause any labor difficultiesterms and conditions of this Lease, other than the obligation to pay Base Rent; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions must provide evidence of this Lease during the period of any such early entry except for the payment of Rent, insurance that is satisfactory to Landlord; (iv) prior to entry upon Tenant must indemnify, defend, and hold harmless Landlord and Landlord's agents, employees, and contractors against all claims, liability, and damages arising from the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, early entry; (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the Tenant's early entry on does not constitute the Premises, commencement of the Lease; and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and must pay utility charges reasonably allocated by Landlord. The date which Tenant enters the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes for the commencement of action and claims construction of Tenant Improvements (including, without limitation, attorneys' fees and legal costsother than work relating to utilities or other matters under or affecting the slab to be installed by Landlord) arising out of shall be identified in Landlord's approval as the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors"Early Entry Date."
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 following 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 this Section 2.3Article 11 of the Existing Lease as though the Suite 1410 Expansion Premises were part of the Premises, (c) prior to such entry, Tenant shall have the right delivered to enter the Premises no earlier than fifteen (15) days prior Landlord an executed original of this Third Amendment and payment in an amount equal to the Possession Date Monthly Installment of Rent with respect to install phone systems, furniture, fixtures 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 equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (iid) Tenant shall not interfere with Landlord or the completion of the Landlord's contractors completing work within the Premises or cause Work in any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) material way provided that Tenant shall comply with and not be bound by all provisions so delaying Landlord if Tenant corrects such underlying delay condition within one (1) business day after notice of this Lease during the period same from Landlord. Upon Tenant's breach of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entryforegoing conditions, useLandlord may, constructionin addition to exercising any of its other rights and remedies as expressly set forth in this Third Amendment, or occupancy of the Premises by Tenant or its agents, employees or contractorsrevoke such license upon notice to Tenant.
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Early Entry. Subject to the following provisions of this Section 2.3Provided Tenant shall have first obtained any and all permits and other governmental authorizations required in connection therewith, Tenant shall have the right to enter the Demised Premises no earlier than fifteen for the period commencing October 1, 1999 and ending with the Lease Commencement Date (15the "Early Entry Period") days prior to the Possession Date in order to install phone systems, furniture, fixtures its equipment and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees racking provided that during said period: (i) any such early entry by Tenant shall be at Tenant's sole riskcomply with all terms and conditions of this Lease other than the obligation to pay Base Rent or Additional Rent, (ii) Tenant shall not interfere with begin operation of its business (Landlord or Landlord's contractors completing work within hereby acknowledging that the Premises or cause any labor difficulties; Tenantinstallation of racking and a conveyor system, together with its employeesand acceptance of inventory, agents shall not constitute "operation of business"), and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply not interfere with Landlord's completion of the Demised Premises. Landlord hereby agrees that on or before the commencement of the Early Entry Period, as such date may be extended by Construction Delay, Landlord shall deliver to Tenant approximately 150,000 square feet of secure (i.e., all walls and be bound by all provisions of this Lease during doors constructed) warehouse space within the period of any such early entry except for the payment of RentDemised Premises, (iv) prior to entry upon the Premises by Tenantcomplete with lights, Tenant agrees to pay for floor, floor seal and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply sprinkler system installed in accordance with the provisions of Plans and Specifications (and in compliance with applicable building codes to the extent necessary to allow Tenant to exercise is rights under this Lease relating to insuranceSpecial Stipulation 2), (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during said space being delineated in the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out Operational Plan comprising a part of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorsPerformance Specifications.
Appears in 1 contract
Samples: Industrial Lease Agreement (Barnesandnoble Com Inc)
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 the following provisions of this Section 2.3permit Tenant, Tenant shall have the right at its option, along with its contractors, subcontractors and agents, to enter the Premises no earlier than fifteen at any time during the four (154) days weeks immediately prior to the Possession scheduled Commencement Date and in any event no less than three (3) weeks prior to install phone systemsthe scheduled Commencement Date and Tenant, along with its contractors, subcontractors and 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, etc. heating, ventilation and air conditioning and elevator service as may be available during the period of such early entry for such purposes shall not constitute occupancy for operation installation of Tenant's business and improvements. All provisions of this Lease (with the exception of the obligation to pay Rent) shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) 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 sole risk, (ii) Tenant entry into the Premises prior to the Commencement Date shall not interfere with Landlord or cause any delay in Landlord's contractors completing work within in the Premises or cause any labor difficulties; Tenantand if such a delay is caused, together with its employees, agents and independent contractors will the Commencement Date shall be subject to and will work under the direction accelerated by one (1) day for each day of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises delay caused by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts whether or not Landlord's work is complete as of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorssuch accelerated Commencement Date.
Appears in 1 contract
Samples: Office Lease (Stereotaxis, Inc.)
Early Entry. Subject to With the following provisions prior written consent of this Section 2.3Landlord, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days right, prior to the Possession Scheduled Term Commencement Date at its sole risk, cost and expense, to enter upon and install phone systemsTenant Improvements in the Premises, furnitureand to store Tenant's inventory, fixtures and equipmentthe 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, etc. (b) Tenant shall pay all utility charges and other costs and expenses incurred by Landlord in respect to such early entry by Tenant, and (c) Tenant shall execute an indemnity agreement in favor of Landlord in form and substance satisfactory to Landlord indemnifying Landlord with respect to any costs that may be incurred. Prior to the Scheduled Term Commencement Date Tenant shall be allowed to use the Premises for such purposes the storage of inventory, but shall not constitute occupancy for otherwise commence the operation of Tenant's business business, without the express prior written consent of Landlord. Upon execution of the Lease, to the extent that Landlord has not leased the space in the building adjoining the Premises, Tenant will be allowed to store inventory in that space in compliance with items (a), (b) and shall not trigger the Possession Date or (c) above, until the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at In the event Landlord leases the adjoining space prior to the Commencement Date, Tenant's sole risk, (ii) Tenant right to store inventory in the adjoining space shall not interfere with Landlord or Landlord's contractors completing work within terminate as of the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction date of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except lease execution for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorsadjoining space.
Appears in 1 contract
Samples: Standard Industrial Lease (Metatec International Inc)
Early Entry. Subject to the following provisions of this Section 2.33, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior Expansion Space at any time on or after September 1, 1999, for the purpose of constructing tenant improvements to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Expansion Space ("Tenant's business Work"). Tenant's Work shall be constructed in accordance with the provisions of Section 10 of the Lease and shall not trigger the Possession Date with Landlord's requirements for improvements or the Commencement Datealterations by Tenant. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry entry, except for the payment of monthly Base Rent, including, but not limited to, the payment of Tenant's Share of Operating Expenses, Real Property Taxes and insurance, (iviii) prior to entry upon the Premises Expansion Space by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this the Lease relating to insurance, (viv) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premiseswork, and (viv) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises Expansion Space by Tenant or its agents, employees or contractors.
Appears in 1 contract
Samples: Lease (Vitalcom Inc)