Pre-Term Occupancy. Landlord shall deliver possession of the Premises to Tenant upon the full execution of this Lease and the delivery of the Security Deposit in accordance with Section 2.5 for the purpose of planning and performing the Tenant Improvements Work and otherwise preparing the Premises for occupancy by Tenant. Tenant’s occupancy of the Premises prior to the Commencement Date shall be at Tenant’s own risk. From the delivery of possession of the Premises by Landlord to Tenant until the Rent Commencement Date, Tenant shall be subject to the insurance obligations set forth in Sections 7.8 and 7.9 and to all other obligations of Tenant under this Lease, other than the obligation to pay Base Rent and Additional Rent, and, prior to entry by Tenant, Tenant shall furnish Landlord with a certificate of insurance confirming its procurement of the insurance required by Sections 7.8 and 7.9.
Pre-Term Occupancy. Tenant shall have the right, without payment of rent or other charge, after the execution of this lease and prior to the "Commencement Date" (hereinafter defined), upon timely notice given to Landlord, to enter the Demised Premises to inspect the same and to make such improvements thereto as it shall have the right to make and install therein fixtures, supplies, merchandise and other property. Tenant agrees that any such entry and the making of any such improvements and any such installation shall be done without unreasonably hampering Landlord's construction of the Demised Premises and without creating additional cost for the Landlord. No such entry by Tenant shall be deemed an acceptance of the Demised Premises. Until the Commencement Date, Landlord shall pay the cost of water, sewer, electricity, gas, heat, air conditioning and other utilities available upon the Demised Premises; and until such time Tenant shall have the right to use, without charge, water, sewer, electricity, gas, heat, air conditioning and other utilities available upon the Demised Premises. Prior to the Commencement Date while Tenant may be making improvements to the Demised Premises or installing in the Demised Premises fixtures, supplies, merchandise and other property, as hereinabove provided, Tenant shall be in the Demised Premises at its own risk and shall save Landlord harmless from, and defend and indemnify Landlord against, any and all injury to person or property caused by or resulting from any act, omission or negligence of Tenant or any agent or employee of Tenant. It is a condition of this save harmless and indemnification that Tenant shall receive notice of any such claim against Landlord.
Pre-Term Occupancy. As of the date of this Lease, the Premises are leased by Landlord to FoldRx under the FoldRx Lease. Tenant intends to occupy the Premises as a subtenant under the Genocea Sublease. The FoldRx Lease (and the Genocea Sublease) will expire on February 28, 2014, and the Lease Term will commence immediately upon such expiration, on March 1, 2014. If the FoldRx Lease (and therefore the Genocea Sublease) should terminate prior to February 28, 2014 for any reason other than a default by Tenant under the Genocea Sublease, then Tenant may continue to occupy the Premises from the effective date of such termination through February 28, 2014, provided that such occupancy shall be on and subject to the terms and conditions of the FoldRx Lease (assuming that the FoldRx Lease had not terminated), including but not limited to the Base Rent and Additional Rent provided for in the FoldRx Lease.
Pre-Term Occupancy. Subject to the provisions of Section 3.2, Tenant may, at its sole risk, occupy the Premises or any part thereof, prior to the Commencement Date, for the purposes of making improvements to the Premises as provided in Section 3.2 and for equipping, fixturing or otherwise readying the Premises for Tenant's use, in which event Tenant's occupancy of the Premises prior to the Commencement Date shall be subject to all of the terms, covenants and conditions of this Lease, except that Tenant shall not be obligated to pay Minimum Rent or Additional Rent or any other rent during any such occupancy of the Premises prior to the Commencement Date. Tenant shall pay all charges for electricity, utilities and heat, if any, consumed by it at the Premises during any such occupancy of the Premises prior to the Commencement Date. Upon completion, all improvements affixed to the Building or Land with the exception Tenant's equipment, furniture and trade fixtures shall become the property of Landlord, except for those items set forth in Exhibit D.
Pre-Term Occupancy. If Tenant takes possession of the Premises before the Commencement Date for the normal conduct of its business, such possession shall be subject to the terms and conditions of this Lease and Tenant shall pay Rent (defined in Section 4 below) to Landlord for each day of possession before the Commencement Date. However, except for the cost of services requested by Tenant (e.g. freight elevator usage), Tenant shall not be required to pay Rent for any days of possession before the Commencement Date during which Tenant, with the approval of Landlord, is in possession of the Premises for the sole purpose of performing improvements or installing furniture, equipment or other personal property.
Pre-Term Occupancy. Any possession or occupancy of the Premises by Tenant prior to the Commencement Date shall be deemed to be under all of the terms, covenants, conditions and provisions of this Lease, including the covenant to pay Monthly Base Rent, except that Tenant shall not be required to pay Monthly Base Rent for pre-Term occupancy for the purpose of performing work to make the Premises ready for Tenant’s use and occupancy, and except as provided with respect to Suite 3600 in Article 30 below. Tenant may not occupy the Premises prior to the Commencement Date without authorization from Landlord except as provided in Article 30.
Pre-Term Occupancy. Prior to the Expansion Commencement Date, Tenant may occupy the Expansion Premises (the “Pre-Term Occupancy”) beginning no later than the Effective Date of this Second Amendment and ending on the day before the Expansion Commencement Date (the “Pre-Term Occupancy Period”) for the sole purpose of installing trade fixtures and equipment and preparing for operations in the Expansion Premises. Except for the payment of Basic Annual Rent for the Expansion Premises under this Second Amendment, all other terms and conditions, rules, regulations and obligations of Tenant as set forth in this Second Amendment shall apply during the Pre-Term Occupancy Period. Notwithstanding anything in this Second Amendment to the contrary, during the Pre-Term Occupancy Period, Tenant shall not interfere with the completion of construction of the Tenant Improvements or cause any labor dispute as a result of such Pre-term Occupancy, and provided further that Tenant does hereby agree 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 Property, Building or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such Pre-Term Occupancy, EVEN IF SUCH LOSS, DAMAGE, LIABILITY, DEATH, OR PERSONAL INJURY WAS CAUSED SOLELY OR IN PART BY LANDLORD’S NEGLIGENCE, BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. Any such Pre-Term Occupancy in the Expansion Premises shall be subject to Tenant providing to Landlord satisfactory evidence of insurance for personal injury and property damage related to such Pre-Term Occupancy Period. Any delay in putting Tenant in possession of the Expansion Premises due to such Pre-Term Occupancy Period shall not serve to extend the term of this Lease or to make Landlord liable for any damages arising therefrom.
Pre-Term Occupancy. Any possession or occupancy of the Premises by Tenant prior to the Commencement Date shall be deemed to be under all of the terms, covenants, conditions and provisions of this Lease, including the covenant to pay Monthly Base Rent, except that Tenant shall not be required to pay Monthly Base Rent for pre-Term occupancy for the purpose of performing work to make the Premises ready for Tenant's use and occupancy. Tenant may not occupy the Premises prior to the Commencement Date without authorization from Landlord.
Pre-Term Occupancy. Tenant may take possession of any portion of the Premises prior to the date set forth in Paragraph 1.1F; provided that (i) the tenant improvements for such portion of the Premises have been substantially completed, (ii) a certificate of occupancy or partial or temporary certificate of occupancy for such portion of the -4- Premises has been obtained by Landlord from the City of Naperville, Illinois (Landlord agrees to use its reasonable best efforts to obtain such certificates as soon as possible), (iii) such occupancy will not delay or Interfere with the construction of the tenant improvements in the remainder of the Premises, (iv) Tenant shall pay Rent for such pre-Term occupancy immediately upon the initial date of such occupancy and on the first day of each calendar month thereafter to and including the month during which the Commencement Date occurs, at an annual rate of Monthly Base Rent per square foot of rentable area equal to $16.25, which Rent shall be determined and paid for each one-half floor increment, or any portion thereof, so occupied by Tenant with Rent being prorated for any partial month at the beginning and/or end of such pre-Term occupancy, and (v) all of the covenants and provisions of this Lease shall apply to such pre-Term occupancy except Paragraphs 21 and 22, and except that Landlord's obligation to provide the services specified in Paragraph 5.01 shall be limited to the extent such services are available to be provided.
Pre-Term Occupancy. A. Landlord shall use reasonable efforts to substantially complete Landlord's Work in the Premises at least sixty (60) days before the Commencement Date stated in Section 3 of the Schedule to this Lease. Upon such substantial completion, Landlord shall permit Tenant to take possession and occupy the Premises. Any such pre-term occupancy by Tenant shall be subject to all of the terms and conditions of this Lease, except that during the first thirty (30) days after substantial completion there shall be no charge for Base Rent or Operating Cost Rent, and during the succeeding thirty (30) days there shall be no charge for Base Rent but Tenant shall pay Operating Cost Rent as provided in this Lease.
B. The period of pre-term occupancy shall be reduced by any period of delay in such substantial completion caused by Xxxxxx Xxxxx as defined in Exhibit C-1 or by any delay in the delivery to Landlord of four (4) copies of this Lease executed by Tenant beyond __________________, 1993, and the Commencement Date shall not be extended on account of such delay. The period of pre-term occupancy shall not be reduced by any period of delay in such substantial completion resulting from Force Majeure or from delays caused by Landlord; and in such case the Commencement Date shall be delayed until sixty (60) days after substantial completion of Landlord's Work, and the Term shall be extended as provided in Section 3B. During such pre-term occupancy, Tenant shall cooperate to minimize any interference with the completion of Landlord's Work.
