Common use of Early Entry Clause in Contracts

Early Entry. Landlord will permit Tenant and its agents to enter the Leased Premises prior to the date the Leased Premises are ready for occupancy, in order that Tenant may perform through its own contractors such other work and decorations in and to the Leased Premises as Landlord may approve in writing. The foregoing license to enter the Leased Premises prior to the date the same are ready for occupancy, however, is conditioned upon Tenant’s contractors working in harmony and not interfering with Contractor or any subcontractors. Such license is further conditioned upon workers’ compensation and public liability insurance and property damage insurance, all in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors and certificates of such insurance being furnished to Landlord prior to Tenant proceeding with any work. Additionally, Tenant’s contractors must notify and coordinate with Contractor for scheduling work in the Leased Premises, prior to completion of the Tenant Improvements. So long as normal day-to-day business activities of Tenant have not commenced during such early entry, Tenant shall not be considered in occupancy of the Leased Premises. Landlord shall not be liable in any way for any injury, loss or damage which may occur to Tenant, its employees, contractors, agents, workmen and mechanics, or any one or more of them, or to any of Tenant’s decorations or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk and Tenant indemnifies and agrees to hold Landlord harmless from any and all claims arising therefrom, regardless of whether such claims or damages are based in whole or in part upon the negligence of Landlord, Contractor or any of their respective employees, agents or contractors.

Appears in 2 contracts

Samples: Lease (Wintegra Inc), Lease Agreement (Wintegra 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 will shall permit Tenant and its agents to enter the Leased Premises prior to upon the date the Leased Premises are ready for occupancy, full and final execution of this Lease by Landlord and Tenant in order that Tenant may perform any work to be performed by Tenant hereunder through its own contractors such other work contractors, subject to Landlord’s prior written approval, and decorations otherwise in and to accordance with the Leased Premises as Landlord may approve in writingrequirements of Section 7.3 of this Lease. The foregoing license to enter the Leased Premises prior to the date the same are ready for occupancy, Commencement Date is however, is conditioned upon the compliance by Tenant’s contractors working in harmony with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and not interfering with Contractor or any subcontractors. Such license is further conditioned upon its contractors and subcontractors of workers’ compensation and public liability insurance and property damage insurance, all insurance in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors and with certificates of such insurance being furnished to Landlord prior to Tenant proceeding with any worksuch entry. Additionally, Tenant’s contractors must notify and coordinate with Contractor for scheduling work in the Leased Premises, prior The entry shall be deemed to completion be under all of the Tenant Improvements. So long as normal day-to-day business activities of Tenant have not commenced during such early entry, Tenant shall not be considered in occupancy provisions of the Leased PremisesLease except as to the covenants to pay rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, its employees, contractors, agents, workmen and mechanics, or any one or more of them, or to any of Tenant’s decorations or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk and risk. The failure of Tenant’s contractors to complete any work in the Premises shall not extend the Commencement Date of the Lease, except if the Tenant’s contractors do not complete work on time due to the fault of the Landlord to timely notify Tenant indemnifies and agrees of any approvals or Landlord prevents Tenant from entering the Premises to hold complete such work, the Commencement Date of the Lease shall be extended by one day for each day of delay solely caused by the Landlord. Landlord harmless from may withdraw such permission to enter the Premises prior to the Commencement Date at any and all claims arising therefrom, regardless of whether time that Landlord reasonably determines that such claims or damages are based in whole or in part upon the negligence of entry by Tenant is causing a dangerous situation for Landlord, Contractor Tenant or any of their respective contractors or employees, agents or contractorsif Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of Tenant Improvements at the earliest possible date.

Appears in 2 contracts

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

Early Entry. Landlord will permit 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, Tenant and its agents shall be permitted to enter the Leased Premises in order that it may install its furniture, telephone systems and data cabling equipment. Tenant’s access to the Premises prior to the date Commencement Date shall be subject to all of the Leased Premises are ready for occupancyterms and obligations of this Lease, in order including the indemnity provisions herein, except that Tenant may perform through shall not be required to pay Basic Rent during that period unless it commences its own contractors such other work and decorations business activities in and to the Leased Premises as Landlord may approve in writingPremises. The foregoing license to enter the Leased Premises prior to the date the same are ready for occupancy, Commencement Date is however, is conditioned upon the compliance by Tenant’s contractors working in harmony with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and not interfering with Contractor or any subcontractors. Such license is further conditioned upon its contractors and subcontractors of workers’ compensation and public liability insurance and property damage insurance, all insurance in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors and with certificates of such insurance being furnished to Landlord prior to Tenant proceeding with any worksuch entry. Additionally, Tenant’s contractors must notify and coordinate with Contractor for scheduling work in the Leased Premises, prior The entry shall be deemed to completion be under all of the Tenant Improvements. So long as normal day-to-day business activities of Tenant have not commenced during such early entry, Tenant shall not be considered in occupancy provisions of the Leased PremisesLease except as to the covenants to pay rent. Except as shall be due to the negligence or willful misconduct of Landlord or its agents, contractors or employees, Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, its employees, contractors, agents, workmen and mechanics, or any one or more of them, or to any of Tenant’s decorations or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk and risk. In no event shall the failure of Tenant’s contractors to complete any work in the Premises extend the Commencement Date of the Lease. Landlord may withdraw such permission to enter the Premises prior to the Commencement Date at any time that Landlord reasonably determines that such entry by Tenant indemnifies and agrees to hold Landlord harmless from any and all claims arising therefrom, regardless of whether such claims or damages are based in whole or in part upon the negligence of is causing a dangerous situation for Landlord, Contractor Tenant or any of their respective contractors or employees, agents or contractorsif Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of Tenant Improvements at the earliest possible date.

Appears in 2 contracts

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

Early Entry. Landlord will shall permit Tenant and its agents Tenant's agent to enter the Leased Premises prior to the date the Leased Premises are ready for occupancy, Commencement Date in order that Tenant may perform through its own contractors do such other work and decorations in and as may be required by Tenant to make the Leased Premises as ready for Tenant's use and occupancy. If Landlord may approve in writing. The foregoing license to enter the Leased Premises permits such entry prior to the date the same are ready for occupancyCommencement Date, however, such permission is conditioned upon Tenant’s contractors Tenant and its agents, contractors, employees and invitees working in harmony and not interfering with Contractor or any subcontractors. Such license is further conditioned upon workers’ compensation Landlord and public liability insurance and property damage insuranceits agents, all in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors and certificates of such insurance being furnished to Landlord prior to Tenant proceeding with any work. Additionally, Tenant’s contractors must notify and coordinate with Contractor for scheduling work employees in the Leased Premises, prior to completion installation of the Tenant Improvements. So long as normal day-to-day business activities Improvements or in the performance of Tenant have not commenced during such early entry, Tenant shall not be considered in occupancy work for other tenants and occupants of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, Landlord shall have the right to withdraw such permission upon twenty-four (24) hours notice to Tenant. Any entry into the Leased PremisesPremises by Tenant prior to the Commencement Date shall be subject to all of the terms, covenants, conditions and provisions of the Lease, other than with respect to Tenant's obligation to pay Annual Basic Rent. Tenant acknowledges and agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to Tenant, its employees, contractors, agents, workmen contractors and mechanics, or any one or more of them, employees or to any of Tenant’s decorations 's work and installations made in the Leased Premises or installations so made to property placed therein prior to the Commencement Date, all of the same being solely at Tenant’s risk and 's sole risk, provided, however, that Landlord shall be liable to Tenant indemnifies and agrees to hold Landlord harmless from any and all claims arising therefrom, regardless of whether such claims or damages are based in whole or in part upon for the gross negligence of Landlord, Contractor or any of their respective its agents, contractors and employees, agents or contractors.

Appears in 1 contract

Samples: Office Lease (Orthopedic Biosystems LTD Inc)

Early Entry. Landlord will shall permit Tenant and its agents to enter the Leased Premises prior to the date Substantial Completion (as hereinafter defined) of the Leased Premises are ready for occupancy, Landlord's Work in order that Tenant may perform any work to be performed by Tenant hereunder through its own contractors such other work contractors, including the Tenant Work, subject to Landlord's prior written approval, and decorations in a manner and upon terms and conditions and at times satisfactory to the Leased Premises as Landlord may approve in writingLandlord's representative. The foregoing license to enter the Leased Premises prior to the date the same are ready for occupancyis, however, is conditioned upon Tenant’s 's contractors and their subcontractors and employees working in harmony and not interfering with Contractor the work being performed by Landlord. If at any time that entry shall cause disharmony or any subcontractorsinterfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty four (24) hours written notice to Tenant. Such That license is further conditioned upon the compliance by Tenant's contractors with all reasonable 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 insurance and property damage insurance, all insurance in amounts and with companies and on forms reasonably satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors and with certificates of such insurance being furnished to Landlord prior to Tenant proceeding with any worksuch entry. Additionally, Tenant’s contractors must notify and coordinate with Contractor for scheduling work in the Leased Premises, prior The entry shall be deemed to completion be under all of the Tenant Improvements. So long as normal day-to-day business activities of Tenant have not commenced during such early entry, Tenant shall not be considered in occupancy provisions of the Leased PremisesLease except as to the covenants to pay Rent and covenants that are operative after the Commencement Date. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, its employees, contractors, agents, workmen and mechanics, or any one or more of them, or to any of Tenant’s decorations or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk and Tenant indemnifies and agrees 's risk. In no event shall the failure of Tenant's contractors to hold Landlord harmless from complete any and all claims arising therefrom, regardless of whether such claims or damages are based work in whole or in part upon the negligence of Landlord, Contractor or any of their respective employees, agents or contractorsPremises delay the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Infocrossing Inc)

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Early Entry. Landlord will shall permit Tenant and its Tenant's agents to ----------- enter the Leased Premises prior to the date the Leased Premises are ready for occupancy, Commencement Date in order that Tenant may perform through its own contractors do such other work and decorations in and as may be required by Tenant to make the Leased Premises as ready for Tenant's use and occupancy. If Landlord may approve in writing. The foregoing license to enter the Leased Premises permits such entry prior to the date the same are ready for occupancyCommencement Date, however, such permission is conditioned upon Tenant’s contractors Tenant and its agents, contractors, employees and invitees working in harmony and not interfering with Contractor or any subcontractors. Such license is further conditioned upon workers’ compensation Landlord and public liability insurance and property damage insuranceits agents, all in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors and certificates of such insurance being furnished to Landlord prior to Tenant proceeding with any work. Additionally, Tenant’s contractors must notify and coordinate with Contractor for scheduling work employees in the Leased Premises, prior to completion installation of the Tenant Improvements. So long as normal day-to-day business activities Improvements or in the performance of Tenant have not commenced during such early entry, Tenant shall not be considered in occupancy work for other tenants and occupants of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, Landlord shall have the right to withdraw such permission upon twenty-four (24) hours notice to Tenant. Any entry into the Leased PremisesPremises by Tenant prior to the Commencement Date shall be subject to all of the terms, covenants, conditions and provisions of the Lease, other than with respect to Tenant's obligation to pay Annual Basic Rent or Additional Rent. Tenant acknowledges and agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to Tenant, its employees, contractors, agents, workmen contractors and mechanics, or any one or more of them, employees or to any of Tenant’s decorations 's work and installations made in the Leased Premises or installations so made to property placed therein prior to the Commencement Date, all of the same being solely at Tenant’s risk and 's sole risk, provided, however, that Landlord shall be liable to Tenant indemnifies and agrees to hold Landlord harmless from any and all claims arising therefrom, regardless of whether such claims or damages are based in whole or in part upon for the negligence of Landlord, Contractor or any of their respective its agents, contractors and employees, agents or contractors.

Appears in 1 contract

Samples: Office Lease (CBT Group PLC)

Early Entry. At such time as Landlord notifies Tenant that Early Entry (defined below) is permissible, Tenant will permit Tenant and its agents to enter the Leased Premises prior have a right of access to the date Premises during construction for the Leased Premises are ready for occupancypurposes of Tenant's public relations, in order that Tenant may perform through its own contractors such other work marketing, information technology, security systems, furniture, fixtures, and decorations in and to the Leased Premises as Landlord may approve in writing. The foregoing license to enter the Leased Premises prior to the date the same are ready for occupancy, however, is conditioned upon Tenant’s contractors working in harmony and not interfering with Contractor or any subcontractors. Such license is further conditioned upon workers’ compensation and public liability insurance and property damage insurance, all in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s equipment contractors and certificates a reasonable opportunity for introduction and storage of Tenant's materials and equipment ("Early Entry"). Landlord shall have the right to withdraw such insurance being furnished right of access for any reason upon twenty-four (24) hours' written notice to Landlord prior to Tenant proceeding with any work. Additionally, Tenant’s contractors must notify and coordinate with Contractor for scheduling work in the Leased Premises, prior to completion of the Tenant Improvements. So long as normal day-to-day business activities of Tenant have not commenced during such early entry, Tenant shall not be considered in occupancy of the Leased Premises. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises during such Early Entry period, except to the extent caused by Landlord's gross negligence or willful misconduct. Tenant shall indemnify, defend and hold harmless Landlord for, from, against and regarding all claims, loss, liabilities, costs, damages, fees and expenses arising out of or related to the activities of Tenant or its employees, contractors, agents, workmen suppliers or invitees in the Premises. Tenant shall not allow any liens to attach to the Premises as a result of its activities during Early Entry. Tenant shall be responsible for and mechanicsshall promptly repair any damage to the Premises or Landlord's Work therein arising out of Tenant's Early Entry onto the Premises hereunder. Tenant acknowledges and agrees that any Early Entry by or on behalf of Tenant shall be at Tenant's sole risk and that, or any one or more of them, or prior to any such Early Entry, Tenant shall deliver to Landlord the certificates of insurance required under Paragraph 13.2 of this Lease. Tenant shall be responsible for coordinating its work schedule with the schedule for Landlord's Work. Neither Tenant’s decorations , its agents, employees nor contractors shall interfere with construction of any portion of Landlord's Work so as to cause delay or installations so made prior additional cost to Landlord in Landlord's performance of its obligations hereunder. If, in Landlord's reasonable discretion, any such interference occurs, Tenant shall cease (or cause the cessation of) such interference immediately following notice from Landlord thereof and the failure of Tenant to cease (or cause the cessation of) such interference shall be deemed a Delay. The Expiration Date shall be unchanged by such Early Entry. All provisions of this Lease shall be in effect from the date of Early Entry; however, Base Rent shall be abated until the Commencement Date, the same being solely at Tenant’s risk and Tenant indemnifies and agrees to hold Landlord harmless from any and all claims arising therefrom, regardless of whether such claims or damages are based in whole or in part upon the negligence of Landlord, Contractor or any of their respective employees, agents or contractors.

Appears in 1 contract

Samples: Office Lease (Nautilus, Inc.)

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