Common use of Entry Prior to Commencement Clause in Contracts

Entry Prior to Commencement. If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony of labor relations at the Property, scheduling or coordination difficulties, etc.), Tenant may, on a reasonable schedule prepared by Landlord and incorporated into the Construction Schedule, and at Tenant’s sole risk and expense, enter the Additional Building B Space (each, an “Early Access Date”) twenty (20) days prior to the then anticipated Additional Space Commencement Date for the purpose of installing Tenant’s furniture, fixtures, and equipment (collectively, the “FF&E”). In no event shall the Landlord’s Work include any FF&E, the responsibility of which shall be Tenant’s. The provisions of this Section 7 shall apply only during the period prior to the Additional Space Commencement Date. Tenant acknowledges that Landlord’s ability to obtain a certificate of occupancy for the Additional Building B Space depends upon the completion of certain FF&E. The installation of the FF&E necessary for Landlord to obtain a certificate of occupancy shall be completed by Tenant no later than the date that is required for Landlord to Substantially Complete the Landlord’s Work on or before the Target Delivery Date. Prior to the Additional Space Commencement Date Tenant shall comply with and perform, and shall cause its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s obligations under this Lease except the obligations to pay Annual Fixed Rent and additional charges and other charges and other obligations the performance of which would be clearly incompatible with the installation of the FF&E. Any independent contractor of Tenant (or any employee or agent of Tenant) performing any work in the Additional Building B Space prior to the Additional Space Commencement Date shall be subject to all of the terms, conditions and requirements contained herein. Neither Tenant nor any Tenant contractor shall interfere in any way with construction of, nor damage, the Landlord’s Work or the common areas or other parts of the Building, and each shall do all things reasonably requested by Landlord to expedite construction of the Landlord’s Work. Without limitation, Tenant shall require each Tenant contractor to adjust and coordinate any work or installation in or to the Additional Building B Space to meet the schedule or requirements of other work being performed by or for Landlord throughout the Building. In all events, Tenant shall indemnify Landlord in the manner provided in the Lease against any claim, loss or cost arising out of any interference with, or damage to, the Landlord’s Work or any other work in the Building, or any delay thereto, or any increase in the cost thereof on account in whole or in part of any act, omission, neglect or default by Tenant or any Tenant contractor. Without limiting the generality of the foregoing, to the extent that the commencement or performance of Landlord’s Work is delayed on account in whole or in part of any act, omission, neglect, or default by Tenant or any Tenant contractor, then such delay shall constitute a Tenant Delay as provided herein. Any requirements of any such Tenant contractor for services from Landlord or Landlord’s contractor, such as hoisting, electrical or mechanical needs, shall be paid for by Tenant and arranged between such Tenant contractor and Landlord or Landlord’s contractor; notwithstanding the foregoing to the contrary, there shall be no fee to Tenant for hoisting, loading dock or freight elevator use or electrical consumption during tenant’s move into the Additional Building B Space. Should the work of any Tenant contractor depend on the installed field conditions of any item of Landlord’s Work, such Tenant contractor shall ascertain such field conditions after installation of such item of Landlord’s Work. Neither Landlord nor Landlord’s contractor shall ever be required or obliged to alter the method, time or manner for performing Landlord’s Work or work elsewhere in the Building, on account of the work of any such Tenant contractor. Tenant shall cause each Tenant contractor performing work on the Additional Building B Space to clean up regularly and remove its debris from the Premises and Building.

Appears in 3 contracts

Samples: Lease (Irobot Corp), Agreement (Irobot Corp), Agreement (Irobot Corp)

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Entry Prior to Commencement. If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony of labor relations at the Propertydisharmony, scheduling or coordination difficulties, etc.), Tenant may, on a reasonable schedule prepared by Landlord and incorporated into pursuant to the Construction Schedule, provisions of Section 3.2 of this Lease and at Tenant’s sole risk and expense, enter the Additional Building B Space Premises up to thirty (each, an “Early Access Date”) twenty (2030) days prior to the then anticipated Additional Space Term Commencement Date for the purpose of installing Tenant’s furnituredecorations, fixturesmovable furnishings, and equipment (collectively, the “FF&E”)business fixtures and equipment. In no event shall the Landlord’s Work include The determination of any FF&E, the responsibility of which such interference by Landlord shall be Tenant’s. The provisions of this Section 7 shall apply only during the period prior to the Additional Space Commencement Date. Tenant acknowledges that Landlord’s ability to obtain a certificate of occupancy for the Additional Building B Space depends upon the completion of certain FF&E. The installation of the FF&E necessary for Landlord to obtain a certificate of occupancy shall be completed by Tenant no later than the date that is required for Landlord to Substantially Complete the Landlord’s Work on or before the Target Delivery Dateconclusive. Prior to the Additional Space Term Commencement Date Tenant shall comply with and perform, and shall cause its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s obligations under this Lease except the obligations to pay Annual Fixed Rent and additional charges Additional Rent and other charges and other obligations obligations, the performance of which would be clearly incompatible with the installation of the FF&E. decorations, movable furnishings, and business fixtures and equipment pursuant hereto. Any independent contractor of Tenant (or any employee or agent of Tenant) performing any work in the Additional Building B Space Premises prior to the Additional Space Term Commencement Date if and to the extent permitted by Landlord pursuant to the provisions of Section 3.2 of this Lease shall be a “Tenant Contractor” and shall be subject to all of the terms, conditions and requirements contained hereinin the Lease, except the obligations to pay Annual Fixed Rent and Additional Rent and other obligations, the performance of which would be clearly incompatible. Neither Tenant nor any Tenant contractor Contractor shall interfere in any way with construction of, nor damage, the Landlord’s Work or the common areas or other parts of the BuildingInitial Construction, and each shall do all things reasonably requested by Landlord to expedite construction of the Landlord’s WorkInitial Construction. Without limitation, Tenant shall require each Tenant contractor Contractor to adjust and coordinate any work or installation in or to the Additional Building B Space Premises to meet the schedule or requirements of other work being performed by or for Landlord throughout the BuildingBuilding which shall in all cases have precedence. If Tenant or any Tenant Contractor fails so to adjust to the schedule or requirements of Landlord, then Landlord shall use commercially reasonable efforts to notify Tenant (as is reasonable under the circumstances) and Landlord may immediately require Tenant or any Tenant Contractor to cease their activity or coordinate the same with Landlord’s Initial Construction (and the failure to do so shall be considered a Tenant’s Delay). Neither Tenant nor any Tenant Contractor shall cause any labor disharmony, and Tenant shall be responsible for all costs required to produce labor EAST\66392481.7 B-6 harmony in connection with an entry under this Section. In all events, Tenant shall indemnify the Landlord Indemnitees in the manner provided in the Section 5.5.1 of this Lease against any claim, loss or cost arising out of any interference with, or damage to, the Landlord’s Work Initial Construction or any other work in the Building, or any delay thereto, or any increase in the cost thereof on account in whole or in part of any act, omission, neglect or default by Tenant or any Tenant contractorContractor. Without limiting the generality of the foregoing, to the extent that the commencement or performance of Landlord’s Work Initial Construction is delayed on account in whole or in part of any act, omission, neglect, or default by Tenant or any Tenant contractorContractor, then such delay shall constitute a Tenant Delay as provided herein. Any requirements of any such Tenant contractor Contractor for services from Landlord or Landlord’s contractor, such as hoisting, electrical or mechanical needs, shall be paid for in advance by Tenant and arranged between such Tenant contractor Contractor and Landlord or Landlord’s contractor; notwithstanding the foregoing to the contrary, there shall be no fee to Tenant for hoisting, loading dock or freight elevator use or electrical consumption during tenant’s move into the Additional Building B Space. Should the work of any Tenant contractor Contractor depend on the installed field conditions of any item of Landlord’s WorkInitial Construction, such Tenant contractor Contractor shall ascertain such field conditions after installation of such item of Landlord’s WorkInitial Construction. Neither Landlord nor Landlord’s contractor shall ever be required or obliged to alter the method, time or manner for performing Landlord’s Work Initial Construction or work elsewhere in the Building, on account of the work of any such Tenant Contractor. Should Landlord’s contractor, including subcontractors working under such contractor, damage or delay the work of any Tenant Contractor, then such Tenant Contractor, by entering on the Premises, shall be deemed to have agreed not to prosecute any claim against Landlord, but shall look solely to Landlord’s contractor (or such contractor’s subcontractors) that allegedly caused the damage or delay. If any such Tenant Contractor ever makes a claim against any Landlord Indemnitee (as such term is defined in Section 5.5.1 of this Lease) directly, then Tenant shall indemnify such Landlord Indemnitee in the manner provided in the Lease against such claim so long as such Tenant Contractor’s loss was not caused solely and directly by the negligence or willful and wrongful act of such Landlord Indemnitee. Tenant shall cause each Tenant contractor Contractor performing work on the Additional Building B Space Premises to clean up regularly and remove its debris from the Premises and Building. If any Tenant Contractor fails so to clean up, then Landlord may cause its contractor to clean up and remove debris, and Tenant shall pay all costs (including administrative costs) of such cleanup and removal.

Appears in 2 contracts

Samples: IntraLinks Holdings, Inc., IntraLinks Holdings, Inc.

Entry Prior to Commencement. If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony of labor relations at the Property, scheduling or coordination difficulties, etc.), Tenant may, on a reasonable schedule prepared by Landlord and incorporated into the Construction Schedule, and at Tenant’s sole risk and expense, enter the Additional Building B Space Premises ten (each, an “Early Access Date”10) twenty (20) business days prior to the then anticipated Additional Space Commencement Date for the purpose of installing Tenant’s furniture, fixtures, and equipment (collectively, the “FF&E”)) and at an earlier date that is mutually agreeable to Tenant and Landlord to install its telecommunications or other cabling and wiring. In no event shall the Landlord’s Finish Work include any FF&E, the responsibility of which shall be Tenant’s. The provisions of this Section 7 10 shall apply only during the period prior to the Additional Space Commencement Date. Tenant acknowledges that Landlord’s ability to obtain a certificate of occupancy for the Additional Building B Space Premises depends upon the completion of certain all or a portion of FF&E. The installation of the FF&E necessary for Landlord to obtain a certificate of occupancy shall be completed by Tenant no later than the date that is required for Landlord to Substantially Complete the Landlord’s Finish Work on or before the Target Delivery Date. Prior to the Additional Space Commencement Date Tenant shall comply with and perform, and shall cause its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s obligations under this Lease except the obligations to pay Annual Fixed Base Rent and additional charges and other charges and other obligations the performance of which would be clearly incompatible with the installation of the FF&E. Any independent contractor of Tenant (or any employee or agent of Tenant) performing any work in the Additional Building B Space Premises prior to the Additional Space Commencement Date shall be subject to all of the terms, conditions and requirements contained herein. Neither Tenant nor any Tenant contractor shall interfere (other than in a de minimis manner not affecting the schedule of the Finish Work or any other work) in any way with construction of, nor damage, the Landlord’s Finish Work or the common areas or other parts of the Building, and each shall do all things reasonably requested by Landlord to expedite construction of the Landlord’s Finish Work. Without limitation, Tenant shall require each Tenant contractor to adjust and coordinate any work or installation in or to the Additional Building B Space Premises to meet the schedule or requirements of other work being performed by or for Landlord throughout the Building. In all events, Tenant shall indemnify Landlord in the manner provided in the Lease against any claim, loss or cost arising out of any interference with, or damage to, the Landlord’s Finish Work or any other work in the Building, or any delay thereto, or any increase in the cost thereof on account in whole or in part of any act, omission, neglect or default by Tenant or any Tenant contractor. Without limiting the generality of the foregoing, to the extent that the commencement or performance of Landlord’s Finish Work is delayed on account in whole or in part on account of any act, omission, neglect, or default by Tenant or any Tenant contractor, then such delay shall constitute a Tenant Delay as provided herein. Any requirements of any such Tenant contractor for services from Landlord or Landlord’s contractor, such as hoisting, electrical or mechanical needs, shall be paid for by Tenant and arranged between such Tenant contractor and Landlord or Landlord’s contractor; notwithstanding the foregoing to the contrary, there shall be no fee to Tenant for hoisting, loading dock or freight elevator use or electrical consumption during tenant’s move into the Additional Building B Space. Should the work of any Tenant contractor depend on the installed field conditions of any item of Landlord’s Finish Work, such Tenant contractor shall ascertain such field conditions after installation of such item of Landlord’s Finish Work. Neither Landlord nor Landlord’s contractor shall ever be required or obliged to alter the method, time or manner for performing Landlord’s Finish Work or work elsewhere in the Building, on account of the work of any such Tenant contractor. Tenant shall cause each Tenant contractor performing work on the Additional Building B Space Premises to clean up regularly and remove its debris from the Premises and Building.

Appears in 1 contract

Samples: And Attornment Agreement (Datawatch Corp)

Entry Prior to Commencement. If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony of labor relations at the Property, scheduling or coordination difficulties, etc.), Tenant may, on a reasonable schedule prepared by Landlord and incorporated into the Construction Schedule, and at Tenant’s sole risk and expense, enter the Additional Building B Space (each, an “Early Access Date”) twenty (20) days Demised Premises prior to the then anticipated Additional Space Commencement Date upon at least two (2) days’ prior written notice to Landlord, for the purpose of installing Tenant’s tele data and computer cabling, furniture, fixtures, fixtures and equipment (collectively, the “FF&E”). In no event shall the Landlord’s Work include any FF&E, the responsibility of which shall be Tenant’sequipment. The provisions of this Section 7 1.04 shall apply only during the period prior to the Additional Space Commencement Date. Tenant acknowledges that Landlord’s ability to obtain a certificate of occupancy for During any such entry into the Additional Building B Space depends upon the completion of certain FF&E. The installation of the FF&E necessary for Landlord to obtain a certificate of occupancy shall be completed by Tenant no later than the date that is required for Landlord to Substantially Complete the Landlord’s Work on or before the Target Delivery Date. Prior Demised Premises prior to the Additional Space Commencement Date Date, Tenant shall comply with and perform, and shall cause its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s obligations under this Lease except the obligations to pay Annual Fixed Base Rent and additional charges and other charges and other obligations the performance of which would be clearly incompatible with the installation of the FF&E. decorations, movable furnishings, and business fixtures and equipment pursuant hereto. Any independent contractor of Tenant (or any employee or agent of Tenant) performing any work in the Additional Building B Space Demised Premises prior to the Additional Space Commencement Date shall be subject to all of the terms, conditions and requirements contained hereintherein (including without limitation the provisions of Article 4). Neither Tenant nor any Tenant contractor shall interfere in any way with construction of, nor damage, the Landlord’s Work or the common areas or other parts of the Building, and each shall do all things reasonably requested by Landlord to expedite construction of the Landlord’s Work. Without limitation, Tenant shall require each Tenant contractor to adjust and coordinate any work or installation in or to the Additional Building B Space Demised Premises to meet the schedule or requirements of other work being performed by or for Landlord throughout the BuildingBuilding which shall in all cases have precedence. Neither Tenant, nor any Tenant contractor, shall cause any labor disharmony, and Tenant shall be responsible for all costs required to produce labor harmony in connection with an entry under this Section. In all events, Tenant shall indemnify Landlord in the manner provided in the Article 12 of this Lease against any claim, loss or cost arising out of any interference with, or damage to, the Landlord’s Work or to any other work in the Building, or any delay thereto, or any increase in the cost thereof on account to the extent due in whole or in part of to any act, omission, neglect or default by Tenant or any Tenant contractor. Without limiting the generality of the foregoing, to the extent that the commencement or performance of Landlord’s Work is delayed on account in whole or in part of any act, omission, neglect, or default by Tenant or any Tenant contractor, then such delay shall constitute a Tenant Delay as provided herein. Any requirements of any such Tenant contractor for services from Landlord or Landlord’s contractor, such as hoisting, electrical or mechanical needs, shall be paid for by Tenant and arranged between such Tenant contractor and Landlord or Landlord’s contractor; notwithstanding the foregoing to the contrary, there shall be no fee to Tenant for hoisting, loading dock or freight elevator use or electrical consumption during tenant’s move into the Additional Building B Space. Should the work of any Tenant contractor depend on the installed field conditions of any item of Landlord’s Work, such Tenant contractor shall ascertain such field conditions after installation of such item of Landlord’s Work. Neither Landlord nor Landlord’s contractor shall ever be required or obliged to alter the method, time or manner for performing Landlord’s Work or work elsewhere in the Building, on account of the work of any such Tenant contractor. Tenant shall cause each Tenant contractor performing work on the Additional Building B Space Demised Premises to clean up regularly and remove its debris from the Demised Premises and Building.. THIS LEASE IS MADE UPON THE COVENANTS, AGREEMENTS, TERMS, PROVISIONS, CONDITIONS AND LIMITATIONS SET FORTH HEREIN, ALL OF WHICH TENANT AND LANDLORD EACH COVENANT AND AGREE TO PERFORM AND COMPLY WITH, EXCEPTING ONLY AS TO THE COVENANTS OF THE OTHER:

Appears in 1 contract

Samples: Lease (Aerovate Therapeutics, Inc.)

Entry Prior to Commencement. If and as long as Tenant does not interfere in any way with Prior to the construction process (by causing disharmony of labor relations at the Property, scheduling or coordination difficulties, etc.)Commencement Date, Tenant may, on a reasonable schedule prepared by Landlord and incorporated into the Construction Schedule, and at Tenant’s sole risk and expense, enter the Additional Building B Space (each, an “Early Access Date”) twenty (20) days prior to the then anticipated Additional Space Commencement Date Premises for the purpose of installing inspecting the Finish Work and may enter portions of the Premises reasonably necessary for the FF&E Work, in each case in accordance with the approved schedule for the FF&E Work referenced in Section 2.12, below. As a condition to Tenant’s furniture, fixtures, and equipment (collectively, entry into the “FF&E”). In no event shall the Landlord’s Work include any FF&E, the responsibility of which shall be Tenant’s. The provisions of this Section 7 shall apply only during the period Premises prior to the Additional Space Commencement Date. Tenant acknowledges that Landlord’s ability to obtain a certificate of occupancy for the Additional Building B Space depends upon the completion of certain FF&E. The installation of the FF&E necessary for Landlord to obtain a certificate of occupancy shall be completed by Tenant no later than the date that is required for Landlord to Substantially Complete the Landlord’s Work on or before the Target Delivery Date. Prior to the Additional Space Commencement Date , Tenant shall comply with and perform, and shall cause its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s insurance and indemnity obligations under this Lease except the obligations to pay Annual Fixed Rent and additional charges and other charges and other obligations governing the performance conduct of which would be clearly incompatible with Tenant at the installation of the FF&E. Property under this Lease. Any independent contractor of Tenant (or any employee or agent of Tenant) performing any work or inspections in the Additional Building B Space Premises prior to the Additional Space Commencement Date shall be subject to all of the terms, conditions and requirements contained hereinherein (including without limitation the provisions of Article 4) and, prior to such entry, Tenant shall provide Landlord with evidence of the insurance coverages required pursuant to Article 4. Neither Tenant nor and any Tenant contractor performing any work or inspections in the Premises prior to the Commencement Date shall use reasonable efforts not to interfere in any way with construction of, nor damage, and shall not damage the Landlord’s Landlord Work or the common areas or other parts of the Building. Neither Tenant, and each shall do all things reasonably requested by Landlord to expedite construction of the Landlord’s Work. Without limitation, Tenant shall require each nor any Tenant contractor to adjust and coordinate performing any work or installation inspections in or the Premises prior to the Additional Building B Space last Commencement Date to meet the schedule or requirements of other work being performed by or for Landlord throughout the Building. In all eventsoccur shall cause any labor disharmony, and Tenant shall indemnify Landlord be responsible for all costs required to produce labor harmony in the manner provided connection with an entry under this Section 2.10 (provided, however, that Tenant shall not in the Lease against any claim, loss or cost arising out of any interference with, or damage to, the Landlord’s Work or any event be required to use union labor for trades other work in the Building, or any delay thereto, or any increase in the cost thereof on account in whole or in part of any act, omission, neglect or default by Tenant or any Tenant contractorthan for carpentry and laborers). Without limiting the generality of the foregoing, to the extent that the commencement or performance of Landlord’s Landlord Work is delayed on account in whole or in part of any act, omission, neglect, or default by Tenant or any Tenant contractor, then such delay shall constitute a Tenant Delay as provided hereinin Section 2.11 of this Exhibit 7.02. Any requirements of any such Tenant contractor performing any work or inspections in the Premises prior to the Commencement Date for the applicable Portion for services from Landlord or Landlord’s contractor, such as hoisting, electrical or mechanical needs, shall be paid for by Tenant and arranged between such Tenant contractor and Landlord or Landlord’s contractor; notwithstanding contractor based on the foregoing to the contraryactual, there shall be no fee to Tenant for hoisting, loading dock or freight elevator use or electrical consumption during tenant’s move into the Additional Building B Spacereasonable cost thereof determined on a time and materials basis. Should the work of any Tenant contractor performing any work or inspections in the Premises prior to the Commencement Date for the applicable Portion depend on the installed field conditions of any item of Landlord’s Landlord Work, such Tenant contractor shall ascertain such field conditions after installation of such item of Landlord’s Landlord Work. Neither Landlord nor Landlord’s contractor shall ever be required or obliged to alter the method, time or manner for performing Landlord’s Landlord Work or work elsewhere in the Building, on account of the work of any such Tenant contractor. Tenant shall cause each Tenant contractor performing work on the Additional Building B Space Premises prior to the Commencement Date for the applicable Portion to clean up regularly and remove its debris from the Premises and Building. The FF&E Work shall be performed in accordance with the provisions of Article 8 of the Lease.

Appears in 1 contract

Samples: Lease (Alkermes Plc.)

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Entry Prior to Commencement. If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony of labor relations at the Property, scheduling or coordination difficulties, etc.), Tenant may, on a reasonable schedule prepared by Landlord and incorporated enters into the Construction Schedule, and at Tenant’s sole risk and expense, enter the Additional Building B Space (each, an “Early Access Date”) twenty (20) days Premises prior to the then anticipated Additional Space Term Commencement Date for the purpose of constructing the Finish Work, or for the purpose of installing Tenant’s furnituredecorations, fixturesmovable furnishings, and equipment (collectivelybusiness fixtures and equipment, the “FF&E”). In no event shall the Landlord’s Work include any FF&E, the responsibility of which shall be Tenant’s. The provisions of this Section 7 shall apply only during the period prior to the Additional Space Commencement Date. Tenant acknowledges that Landlord’s ability to obtain a certificate of occupancy for the Additional Building B Space depends upon the completion of certain FF&E. The installation of the FF&E necessary for Landlord to obtain a certificate of occupancy shall be completed by Tenant no later than the date that is required for Landlord to Substantially Complete the Landlord’s Work on or before the Target Delivery Date. Prior to the Additional Space Commencement Date Tenant shall comply with and perform, and shall cause its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s obligations under this Lease Lease, including without limitation Sections 5.5 and 5.10, except the obligations to pay Annual Fixed Rent and additional charges and other charges and other obligations the performance of which would be clearly incompatible with the installation of Finish Work, decorations, movable furnishings, and business fixtures and equipment pursuant hereto. Any such entry shall be only with the FF&E. prior approval of Landlord and at Tenant’s sole risk and expense. Any independent contractor of Tenant (or any employee or agent of Tenant) performing any work in the Additional Building B Space Premises prior to the Additional Space Term Commencement Date shall be a Tenant Independent Contractor as such term is defined in Section 5.10.3 of the Lease and shall be subject to all of the terms, conditions and requirements contained hereintherein. Neither Tenant nor any Tenant contractor Independent Contractor shall interfere in any way with construction of, nor damage, the Landlord’s Work or the damage common areas or other parts of the BuildingProject, and each shall do all things reasonably requested by Landlord to expedite construction of the Landlord’s Finish Work. Without limitation, Tenant shall require each Tenant contractor Independent Contractor to adjust and coordinate any work or installation in or to the Additional Building B Space Premises to meet the schedule or requirements of other work being performed by or for Landlord throughout the BuildingProject which shall in all cases have precedence. If Tenant or any Tenant Independent Contractor fails so to adjust to the schedule or requirements of Landlord, then Landlord may immediately by notice to Tenant terminate permission previously granted to Tenant to enter the Premises prior to the Term Commencement Date. Neither Tenant nor any Tenant Independent Contractor shall cause any labor disharmony, and Tenant shall be responsible for all costs required to produce labor harmony in connection with an entry under this Section. In all events, Tenant shall indemnify Landlord the Indemnitees in the manner provided in Section 5.5 of the Lease against any claim, loss or cost arising out of any interference with, or damage to, the Landlord’s Finish Work or any other work in the BuildingProject, or any delay thereto, or any increase in the cost thereof on account in whole or in part of any act, omission, neglect or default by Tenant or any Tenant contractor. Without limiting the generality of the foregoing, to the extent that the commencement or performance of Landlord’s Work is delayed on account in whole or in part of any act, omission, neglect, or default by Tenant or any Tenant contractor, then such delay shall constitute a Tenant Delay as provided hereinIndependent Contractor. Any requirements of any such Tenant contractor Independent Contractor for services from Landlord or Landlord’s contractorContractor, such as hoisting, electrical or mechanical needs, shall be paid for in advance by Tenant and arranged between such Tenant contractor Independent Contractor and Landlord or Landlord’s contractor; notwithstanding the foregoing to the contrary, there shall be no fee to Tenant for hoisting, loading dock or freight elevator use or electrical consumption during tenant’s move into the Additional Building B Space. Should the work of any Tenant contractor Independent Contractor depend on the installed field conditions of any item of Landlord’s Work or Finish Work, such Tenant contractor Independent Contractor shall ascertain such field conditions after installation of such item of Landlord’s Work or Finish Work. Neither Landlord nor Landlord’s contractor shall ever be required or obliged to alter the method, time or manner for performing Landlord’s Work Work, Finish Work, or work elsewhere in the BuildingProject, on account of the work of any such Tenant Independent Contractor. Should Landlord’s contractor, including subcontractors working under such contractor, damage or delay the work of any Tenant Independent Contractor, then such Tenant Independent Contractor, by entering on the Premises, shall be deemed to have agreed not to prosecute any claim against Landlord, but shall look solely to Landlord’s contractor (or such contractor’s subcontractors) that allegedly caused the damage or delay. If any such Tenant Independent Contractor ever makes a claim against any Indemnitee (as such term is defined in Section 5.5) directly, then Tenant shall indemnify such Indemnitee in the manner provided in the Lease against such claim so long as such Tenant Independent Contractor’s loss was not caused solely and directly by the negligence or willful and wrongful act of such Indemnitee. Tenant shall cause each Tenant contractor Independent Contractor performing work on the Additional Building B Space Premises to clean up regularly and remove its debris from the Premises and Building.Project. If any Tenant Independent Contractor fails so to clean up, then Landlord may cause its contractor to clean up and remove debris, and Tenant shall pay all costs (including administrative costs) of such cleanup and removal. FURNITURE Dated: 9/11/19 FURNITURE Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Location Type of Location Description 2302-19 Office Desk (U-Shaped) Matching Lateral (2 Drawer) 2 Guest Chairs 2304-18 Office Desk (U-Shaped) Matching Lateral (2 Drawer) 1 Guest Chair Bookcase (4 shelves) 2308-17 Office Desk (U-Shaped) Matching Lateral (2 Drawer) 1 Guest Chair 2308-SCR Large Conference Room Conference Table 10 Xxxxx Leather Chairs Built-In Credenza (Includes refrigerator) Built-In Whiteboard 2 Sharp Flat Panel Televisions 2310-16 Small Conference Room Small Straight Desk Small Round Table 4 Guest Chairs 2312-15 Office Desk (U-Shaped) Matching Lateral (2 drawers) 5 Guest Chairs 2314-14 Office Desk (U-Shaped) Matching Lateral (2 Drawer) 1 Guest Chair 2332-4 Office Desk (U-Shaped) Matching Lateral (2 Drawers) 2 Guest Chairs 2334-3 Office Desk (U-Shaped) Matching Lateral (2 drawers) 2 Guest Chairs 2336-2 Office Desk (U-Shaped) Matching Lateral (2 Drawers) Bookcase (3 shelves, 2 drawers) 2338-1 Office Desk {U-Shaped) Matching Lateral (2 Drawers) 2 Guest Chairs 2910 Office (shared)- Left Wall 2 L-Shaped Desks Matching Lateral (2 drawers) 2911 Office (shared)- Left Wall 2 L-Shaped Desks Matching Lateral (2 drawers) 2912 Office (shared)- Left Wall 2 L-Shaped Desks Matching Lateral (2 Drawers) 1 Straight Desk 2913 Office (shared)- Left Wall 2 L-Shaped Desk Matching Lateral (2 Drawers) 1 Straight Desk 2327 Closet by Kitchen 11 Stackable Padded Chairs 2300 Reception 1 Samsung Flat Panel Television Reception Desk 2301 Server Room 1 Server Rack In-room A/C unit

Appears in 1 contract

Samples: Office Lease (Fusion Pharmaceuticals Inc.)

Entry Prior to Commencement. If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony of labor relations at the Propertydisharmony, scheduling or coordination difficulties, etc.), Tenant may, on a reasonable schedule prepared by Landlord and incorporated into pursuant to the Construction Schedule, provisions of Section 3.2 of this Lease and at Tenant’s 's sole risk and expense, enter the Additional Building B Space (each, an “Early Access Date”) twenty (20) days Premises prior to the then anticipated Additional Space Term Commencement Date for the purpose of installing Tenant’s furniture's decorations, fixturesmovable furnishings, and equipment (collectively, the “FF&E”)business fixtures and equipment. In no event shall the Landlord’s Work include any FF&E, the responsibility of which shall be Tenant’s. The provisions of this Section 7 shall apply only during the period prior to the Additional Space Commencement Date. Tenant acknowledges that Landlord’s ability to obtain a certificate of occupancy for the Additional Building B Space depends upon the completion of certain FF&E. The installation of the FF&E necessary for Landlord to obtain a certificate of occupancy shall be completed Any such early access by Tenant no later than the date that is required for Landlord to Substantially Complete the Landlord’s Work on or before the Target Delivery Date. Prior to the Additional Space Commencement Date Tenant shall comply with and perform, and shall cause its Tenant's employees, agents, contractors, subcontractors, material suppliers and laborers shall be subject to comply with and perform, all of Tenant’s obligations under the terms and provisions of this Lease except the obligations to pay Annual Fixed Rent and additional charges Additional Rent and other charges and other obligations obligations, the performance of which would be clearly incompatible with the installation of the FF&E. decorations, movable furnishings, and business fixtures and equipment pursuant hereto. Any independent contractor of Tenant (or any employee or agent of Tenant) performing any work in the Additional Building B Space Premises prior to the Additional Space Term Commencement Date if and to the extent permitted by Landlord pursuant to the provisions of Section 3.2 of this Lease shall be a "Tenant Contractor" and shall be subject to all of the terms, conditions and requirements contained hereinin the Lease. Neither Tenant nor any Tenant contractor Contractor shall interfere in any way with construction of, nor damage, the Landlord’s Work or the common areas or other parts of the Building's Initial Construction, and each shall do all things reasonably requested by Landlord to expedite construction of the Landlord’s Work's Initial Construction. Without limitation, Tenant shall require each Tenant contractor Contractor to reasonably adjust and coordinate any work or installation in or to the Additional Building B Space Premises to meet the schedule or requirements of other work being performed by or for Landlord throughout the BuildingBuilding which shall in all cases have precedence. If Tenant or any Tenant Contractor fails so to adjust to the schedule or requirements of Landlord, then Landlord may immediately by notice to Tenant terminate permission previously granted to Tenant to enter the Premises prior to the Term Commencement Date. Neither Tenant nor any Tenant Contractor shall cause any labor disharmony, and Tenant shall be responsible for all costs required to produce labor harmony in connection with an entry under this Section. In all events, Tenant shall indemnify Landlord the Indemnitees in the manner provided in the Section 5.5.1 of this Lease against any claim, loss or cost arising out of any interference with, or damage to, the Landlord’s Work 's Initial Construction or any other work in the Building, or any delay thereto, or any increase in the cost thereof on account in whole or in part of any act, omission, neglect or default by Tenant or any Tenant contractorContractor. Without limiting the generality of the foregoing, to the extent that the commencement or performance of Landlord’s Work 's Initial Construction is actually delayed on account in whole or in part of any act, omission, neglect, or default by Tenant or any Tenant contractorContractor, then such delay shall constitute a Tenant Delay as provided herein. Any requirements of any such Tenant contractor Contractor for services from Landlord or Landlord’s 's contractor, such as hoisting, electrical or mechanical needs, shall be paid for in advance by Tenant and arranged between such Tenant contractor Contractor and Landlord or Landlord’s 's contractor; notwithstanding the foregoing to the contrary, there shall be no fee to Tenant for hoisting, loading dock or freight elevator use or electrical consumption during tenant’s move into the Additional Building B Space. Should the work of any Tenant contractor Contractor depend on the installed field conditions of any item of Landlord’s Work's Initial Construction, such Tenant contractor Contractor shall ascertain such field conditions after installation of such item of Landlord’s Work's Initial Construction. Neither Landlord nor Landlord’s 's contractor shall ever be required or obliged to alter the method, time or manner for performing Landlord’s Work 's Initial Construction or work elsewhere in the Building, on account of the work of any such Tenant Contractor. Should Landlord's contractor, including subcontractors working under such contractor, damage or delay the work of any Tenant Contractor, then such Tenant Contractor, by entering on the Premises, shall be deemed to have agreed not to prosecute any claim against Landlord, but shall look solely to Landlord's contractor (or such contractor's subcontractors) that allegedly caused the damage or delay. If any such Tenant Contractor ever makes a claim against any Indemnitee (as such term is defined in Section 5.5.1 of this Lease) directly, then Tenant shall indemnify such Indemnitee in the manner provided in the Lease against such claim so long as such Tenant Contractor's loss was not caused solely and directly by the negligence or willful and wrongful act of such Indemnitee. Tenant shall cause each Tenant contractor Contractor performing work on the Additional Building B Space Premises to clean up regularly and remove its debris from the Premises and Building. If any Tenant Contractor fails so to clean up, then Landlord may cause its contractor to clean up and remove debris, and Tenant shall pay all costs (including administrative costs) of such cleanup and removal.

Appears in 1 contract

Samples: Office Lease (Mac-Gray Corp)

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