Common use of Tenant Access Clause in Contracts

Tenant Access. Landlord shall allow Tenant access to the 2006 Expansion Space prior to the 2006 Expansion Space Commencement Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (ii) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iii) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion Space, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space or to property placed therein prior to the 2006 Expansion Space Commencement Date, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers.

Appears in 1 contract

Samples: Lease Agreement (Ats Medical Inc)

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Tenant Access. Landlord shall allow Landlord, in Landlord’s reasonable discretion and upon receipt of a written request from Tenant and written confirmation from the General Contractor that such limited entry will be in harmony with the General Contractor’s work schedule with respect to the Tenant Improvements, may grant Tenant a license to have access to the 2006 Expansion Space Fourth Floor Premises prior to the 2006 Expansion Space Commencement Date completion of the Tenant Improvements therein to allow Tenant to do other work required by Tenant to install the Tenant Installations and to otherwise make the 2006 Expansion Space Fourth Floor Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than ten (10) business days prior to the date on which such proposed access will commence, which written request commence (the “Access Notice”). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Pre­Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Fourth Floor Premises on behalf of Tenant to perform Tenant’s Pre­ Occupancy Work; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's ’s Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; and (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds). (b) Tenant shall indemnify, defend and instruments of indemnification hold the Indemnitees harmless from and against any and all claims, liens, actions, costs, expensesexpenses (including without limitation, attorneys’ fees and costs), penalties, fines, and damages and liabilities which may arise arising from or related to, in connection with any manner whatsoever, the Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's ’s Pre-Occupancy Work. (bc) Such pre-Term term access by Tenant and its representatives Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitee shall be subject to reasonable scheduling by Landlord. (cd) Tenant's ’s employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's ’s agents or representatives in performing constructing the Work Tenant Improvements and any Additional Work in the 2006 Expansion Spaceadditional work pursuant to approved Change Orders, Landlord's ’s work in other premises and in common areas of the BuildingBuilding or the Project, or the general operation of the BuildingProject. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (de) Any such entry into and limited occupancy of the Expansion Space Fourth Floor Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Fourth Floor Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term of the Lease with respect to the Fourth Floor Premises, the same being at Tenant's ’s sole risk and liability, except to the extent of Landlord’s gross negligence or willful misconduct. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Work Fourth Floor Premises, the Tenant Improvements or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant’s Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, after delivery to Tenant of prior notice that such extra costs are reasonably anticipated by Landlord to be incurred Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord’s standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Mobitv Inc)

Tenant Access. Landlord, upon request by Tenant, shall grant to Tenant and Tenant’s agents a license to enter the Premises at any time from and after the date which Landlord shall allow Tenant access reasonably determines to the 2006 Expansion Space be thirty (30) days prior to the 2006 Expansion Space Commencement Date to allow Tenant to do date Landlord’s Work will be Substantially Completed for the purposes of installing Tenant’s cabling in the Premises and completing other work required by Tenant to make on Tenant’s behalf in accordance with the 2006 Expansion Space ready for Tenant's use terms and occupancy (the "Tenant's Pre-Occupancy provisions of this paragraph 7; provided, however, that such work shall not interfere with Landlord’s Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written Tenant’s request to have for such early access to the 2006 Expansion Space within a reasonable time prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlordby: (i) copies a description of all plans and specifications pertaining schedule for the work to Tenant's Pre-Occupancy Workbe performed by those persons and entities for whom such access is being requested; (ii) the names and addresses of all contractors for whom such early access is being requested and copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Workthe work for which such access is being requested; and (iii) certificates of insurance (in amounts and with insured parties satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances Landlord). All of the ability of Tenant foregoing shall be subject to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy WorkLandlord’s approval in its sole discretion. (b) Such pre-Term early access by Tenant and its representatives for installation purposes shall be subject to reasonable scheduling by Landlord. (c) Tenant's employees, ’s agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with (i) Landlord or and Landlord's ’s agents in performing the Landlord’s Work and or any Additional Work in the 2006 Expansion Space, Landlord's Premises or work by Landlord or its agents in other premises and in or common areas of the Building, or (ii) the general operation of the Building. If at any time any such person representing Tenant entry shall cause or reasonably threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) . Any such entry into and occupancy occupation of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to under all of the terms, covenants, conditions and provisions of the LeaseLease (including, (specifically including without limitation, the provisions regarding Tenant's improvements insurance and alterations to the Expansion Spaceindemnity provisions), and excluding only the covenant to pay Fixed Rent, additional rent and electricity; provided, however, that, notwithstanding the foregoing, Tenant’s obligation to pay Fixed Rent, additional rent and electricity hereunder shall commence upon Tenant conducting any business at the Premises. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work ’s work or installations made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Landlord’s Work or Additional Work to the extent caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes material extra costs to Landlord, Tenant shall reimburse Landlord for the entire extra cost and the cost incurred by Landlord for the engineers or operators under applicable union regulations or contracts.

Appears in 1 contract

Samples: Lease (BG Medicine, Inc.)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon -------------- request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Section IX thereof (regarding Tenant's improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or of other Building services, Tenant shall reimburse Landlord for such extra cost, and/or shall pay Landlord for such other building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Igate Capital Corp)

Tenant Access. Landlord shall allow grant Tenant a license to have access to the 2006 Expansion Space Premises thirty (30) business days prior to the 2006 Expansion Space Commencement anticipated Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than seven (7) business days prior to the date on which such proposed access will commence, which written request commence (the “Access Notice”). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other Tenant Entities who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; and (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant Entities shall be subject to the reasonable scheduling by Landlordneeds of Landlord so that Tenant’s pre-term access shall not interfere with the construction of the Tenant Improvements. (c) Tenant's employeesTenant Entities shall fully cooperate, agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony and not not, in any manner, interfere with Landlord or Landlord's ’s agents or representatives in performing the Work Tenant Improvements and any Additional Work in the 2006 Expansion Spaceadditional work, Landlord's ’s work in other premises and in common areas of the BuildingBuilding or the Property, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails fails, after receipt of Landlord’s written notice describing in reasonable detail the objectionable action and identifying the person or person guilty thereof, to immediately institute and maintain such corrective actions within a commercially reasonable period of time as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Except to the extent attributable to Landlord’s active (but not passive) negligence or willful misconduct, Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Work Premises, the Tenant Improvements or Additional Work to the extent any additional work caused by Tenant or any Tenant Entities. In the event that the performance of Tenant's employees’s Pre-Occupancy Work causes extra costs to be incurred by Landlord or requires the use of other Building services, agents, contractors, workmen or suppliersTenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord’s standard rates then in effect.

Appears in 1 contract

Samples: Industrial Lease (Mips Technologies Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon -------------- receipt of written confirmation from Landlord's general contractor that such entry will be in harmony with Landlord's general contractor's work schedule with respect to the Shell Improvements, will grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date Shell Improvements being Substantially Completed (defined below) to allow Tenant to do other work required by Tenant to install a portion of the Tenant's Property and to otherwise make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not Less than ten (10) business days prior to the date on which such proposed access will commence, which written request commence (the "Access Notice"). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; and (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds). (b) Tenant shall indemnify, defend and instruments of indemnification hold the Indemnitees harmless from and against any and all claims, liens, actions, costs, expensesexpenses (including without limitation, attorneys' fees and costs), penalties, fines, and damages and liabilities which may arise arising from or related to, in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of any manner whatsoever, the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (bc) Such pre-Term term access by Tenant and its representatives Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (cd) Tenant's employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's agents or representatives in performing the Work work related to Substantial Completion of the Shell Improvements (the "Work") and any Additional Work in additional work pursuant to approved change orders for the 2006 Expansion SpaceShell Improvements, Landlord's work in other premises and in common areas of the BuildingProject, or the general operation of the BuildingProject. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (de) Any such entry into and limited occupancy of any portion of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay RentBase Rent as provided for in Section 3 of the Lease. Except to the extent of the gross negligence or willful misconduct of Landlord or Landlord's Representatives, Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved change orders caused by Tenant or any of Tenant's employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, after delivery to Tenant of prior notice that such extra costs are reasonably anticipated by Landlord to be incurred, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord's standard rates then in effect. Notwithstanding any provision to the contrary in this Section 7, upon Substantial Completion of the Shell Improvements Tenant shall be granted 24-hour -a-day 7-day-a-week access to the Premises for purposes of constructing the Tenant Improvements.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's discretion and upon request by Tenant, may grant to Tenant access and Tenant's agents a license to enter the 2006 Expansion Second Additional Space prior to the 2006 Expansion Second Additional Space Commencement Date to allow in order that Tenant to may do other work required by Tenant to make the 2006 Expansion Second Additional Space ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work")occupancy. It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a not less than five (5) days' prior written notice of its request to have such access to the 2006 Expansion Space within Second Additional Space, which notice shall contain and/or shall be accompanied by: (i) a reasonable time prior description of and schedule for the work to the date on be performed by those persons and entities for whom and which such access is being requested; (ii) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will commence, which written request shall contain or shall be accompanied by each present in the Second Additional Space; (iii) copies of all contracts pertaining to the performance of the following items, all in form and substance reasonably acceptable to Landlord: work for which such early access is being requested; (iiv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Workthe work for which such access is being requested; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Workthe work for which such access is being requested; (iiivi) certificates of insurance (in amounts and with insured parties satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insuredsLandlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Worksuch work; and (vii) assurances of the ability availability of Tenant funds sufficient to pay for all such work. All of Tenantthe foregoing shall be subject to Landlord's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Workapproval, which shall not be unreasonably withheld. (b) Such pre-Term early access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or and Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion Second Additional Space, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant entry shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) . Any such entry into and occupancy occupation of the Expansion Second Additional Space by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to under all of the terms, covenants, conditions and provisions of the Amendment and the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay RentRent and specifically including the provisions of Articles IX and X of the Original Lease. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work work or installations made in or about the 2006 Expansion Second Additional Space or to property placed therein prior to the 2006 Expansion Second Additional Space Commencement Date, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Second Additional Space or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord or requires the use of elevators during hours other than 8:00 a.m. to 4:30 p.m. on Monday through Friday (except holidays), Tenant shall reimburse Landlord for the entire extra cost and the cost incurred by Landlord for the engineers or operators under applicable union regulations or contracts.

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon ------------- receipt of a written request from Tenant, may grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the "Access Notice"). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Spaceadditional work pursuant to approved Change Orders, Landlord's work in other premises and in common areas of the BuildingBuilding or the Park, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Industrial Multi Tenant Lease (Cost U Less Inc)

Tenant Access. Landlord Landlord, in Landlord's reasonable discretion and upon ------------- request by Tenant, shall allow grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (ai) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than three (3) business days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (ia) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (b) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (d) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iie) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Pre- Occupancy Work; (iiif) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insuredsinsureds ) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viig) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work Work; and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (bii) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord. (ciii) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant.. EXHIBIT B --------- (da) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Section IX thereof (regarding Tenant's improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or requires the use of elevators during hours other than 7:00 a.m. to 6:00 p.m. on Monday through Friday (excluding holidays) or of other Building services, Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon receipt of written confirmation from Landlord's general contractor that such entry will be in harmony with Landlord's general contractor's work schedule with respect to the Shell Improvements, will grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date Shell Improvements being Substantially Completed (defined below) to allow Tenant to do other work required by Tenant to install a portion of the Tenant Improvements and to otherwise make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the "Access Notice"). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; and (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to reasonable scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, unreasonably interfere with Landlord or Landlord's agents or representatives in performing the Work work related to substantial completion of the Shell Improvements (the "Work") and any Additional Work in additional work pursuant to approved change orders for the 2006 Expansion SpaceShell Improvements, Landlord's work in other premises and in common areas of the BuildingPark, or the general operation of the BuildingBuildings. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved change orders caused by Tenant or any of Tenant's employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, after delivery to Tenant of prior notice that such extra costs are reasonably anticipated by Landlord to be incurred, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Lease Agreement (Cisco Systems Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon ------------- request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term, access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of (the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Section IX thereof (regarding Tenant's improvements and alterations to the Expansion Spacethe. Premises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or supplierssuppliers in the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or requires the use of elevators during hours other than 7:00 a.m. to 6:00 p.m. on Monday ---- ---- through Friday (excluding holidays) or of other Building services, Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Tenant Access. Landlord shall allow grant to Tenant a license to have access to the 2006 Expansion Space Premises during the fifteen (15) days prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or requires the use of elevators during hours other than 7:00 a.m. to 6:00 p.m. on Monday through Friday (excluding holidays) or of other Building services, Tenant shall reimburse Landlord for such extra cost, and/or shall pay Landlord for such elevator service or other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon ------------- receipt of a written request from Tenant, may grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the "Access Notice"). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: ; (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Space, additional work pursuant to approved Change Orders. Landlord's work in other premises and in common areas of the BuildingBuilding or the Park, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services. Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Lease Agreement (Onsale Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord’s reasonable discretion and upon request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Suite 400 prior to the 2006 Expansion Space Suite 400 Commencement Date designed in the Lease to allow Tenant to do Tenant’s Work and other work required by Tenant to make the 2006 Expansion Space Suite 400 ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time prior to Suite 400 on the date on which such access will commence, of full execution of this Amendment No. 2 which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering Suite 400 on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in Suite 400; (iii) copies of all contracts and subcontracts pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's ’s Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; and (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's ’s employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's ’s agents in performing the Work and any Additional Work in the 2006 Expansion SpaceSuite 400, Landlord's ’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Suite 400 by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), of Article 9 thereof and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, ) loss or damage which may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Suite 400 or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Suite 400 or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant’s Pre-Occupancy Work causes extra costs to Landlord or requires the use of elevators during hours other than 7:00 a.m. to 6:00 p.m. on Monday through Friday (excluding holidays) or of any other Building services, Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord’s standard rates then in effect.

Appears in 1 contract

Samples: Lease (Electronic Arts Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (ai) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (ia) a detailed description of and schedule EXHIBIT B 3 38 for Tenant's Pre-Occupancy Work; (b) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (c) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (d) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iie) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiif) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viig) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work Work; and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (bii) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord. (ciii) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (da) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Section IX thereof (regarding Tenant's improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or requires the use of elevators during hours other than 7:00 a.m. to 6:00 p.m. on Monday through Friday (excluding holidays) or of other Building services, Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

Tenant Access. Landlord Landlord, upon receipt of a written request from Tenant, shall allow grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the “Access Notice”). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) the names and addresses of all contractors subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines and damages and liabilities which may arise in connection with Tenant's ’s Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's ’s Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's ’s lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant’s employees, agents, contractors, consultants, workmen, mechanics suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's ’s employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's ’s agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Spaceadditional work pursuant to approved Change Orders, Landlord's ’s work in other premises and in common areas of the BuildingBuilding or the Industrial Center, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen consultants, workmen, mechanics suppliers and invitees. In the event that the performance of Tenant’s Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord’s standard rates then in effect a. Install new standard carpet and baseboard in all of the office areas. b. Convert the existing office behind the restrooms into a lunch room with new VCT on the floor and a new sink and lower cabinetry. c. Patch any holes in the back warehouse area. d. Clean and put a sealer in the back warehouse area within the premises. This Declaration of Covenants, Conditions and Restrictions (hereinafter called “Declaration”) is made this twenty-fifth day of August 1979, by Lincoln Property Company No. 238, A California Limited Partnership (Phases 1 & 2); Lincoln Property Company No. 287, Ltd., A California Limited Partnership (Phase 3); Lincoln Property Company No. 355, Ltd., A California Limited Partnership (Phase 4); Lincoln Property Company No. 440, Ltd., A California Limited Partnership (Phase 5); Lincoln Property Company No. 1179, A California Limited Partnership (Phase 6); Lincoln Property Company No. 2036 Limited Partnership, A California Limited Partnership (Phase 7) (hereinafter called “Lincoln Property Company”).

Appears in 1 contract

Samples: Industrial Lease (Foxhollow Technologies, Inc.)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon receipt of written confirmation from Landlord's general contractor that such entry will be in harmony with Landlord's general contractor's work schedule with respect to the Shell Improvements, will grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date Shell Improvements being Substantially Completed (defined below) to allow Tenant to do other work required by Tenant to install a portion of the Tenant Improvements and to otherwise make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the "Access Notice"). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; and (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to reasonable scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, unreasonably interfere with Landlord or Landlord's agents or representatives in performing the Work work related to substantial completion of the Shell Improvements (the "Work") and any Additional Work in additional work pursuant to approved change orders for the 2006 Expansion SpaceShell Improvements, Landlord's work in other premises and in common areas of the BuildingPark, or the general operation of the BuildingBuildings. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved change orders caused by Tenant or any of Tenant's employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliers.requires the use of other Building services, after delivery to Tenant of prior notice that such extra costs are reasonably anticipated by Landlord to be incurred, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord's standard rates then in effect. INITIALS: TENANT: _______________ LANDLORD: _______________

Appears in 1 contract

Samples: Lease Agreement (Cisco Systems Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the Term to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (ii) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iii) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viiiv) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space)Premises, and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or extraordinary use of Building services, Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Lease Agreement (Sauer Inc)

Tenant Access. Landlord Landlord, in Landlord’s reasonable discretion and upon request by Tenant, shall allow grant to Tenant a license to have access to Premises from and after the 2006 Expansion Space Lease Date and prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than two (2) business days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) copies the names and addresses of all licenses contractors, subcontractors and permits required in connection with material suppliers and all other representatives of Tenant who or which will be entering the performance Premises on behalf of Tenant to perform Tenant's ’s Pre-Occupancy WorkWork or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all materials and certificates of insurance (in amounts satisfactory required to Landlord and with the parties identified in, or required by, be delivered under Section 9 of the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord, so as to avoid material interference with Landlord’s Work or any delays in the construction schedule. (c) Tenant's ’s employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's ’s agents in performing the Landlord’s Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's ’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Article IX thereof (regarding Tenant's ’s improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Landlord’s Work or Additional Work to the extent caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen or suppliers.

Appears in 1 contract

Samples: Office Lease (Splunk Inc)

Tenant Access. Landlord Landlord, in Landlord’s reasonable discretion and upon request by Tenant, shall allow grant to Tenant a license to have access to the 2006 Expansion Space 3xx Xxxxx Xxxxx xxx xxx 0xx Xxxxx Xxxxx from and after the Lease Date and prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space respective portions of the Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than two (2) Business days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) copies the names and addresses of all licenses contractors, subcontractors and permits required in connection with material suppliers and all other representatives of Tenant who or which will be entering the performance Premises on behalf of Tenant to perform Tenant's ’s Pre-Occupancy WorkWork or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all materials and certificates of insurance (in amounts satisfactory required to Landlord and with the parties identified in, or required by, be delivered under Section 9 of the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord, so as to avoid material interference with Landlord’s Work or any delays in the construction schedule. (c) Tenant's ’s employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's ’s agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's ’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Article IX thereof (regarding Tenant's ’s improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen or suppliers.

Appears in 1 contract

Samples: Office Lease (Omniture, Inc.)

Tenant Access. Landlord shall allow grant Tenant a license to have access to the 2006 Expansion Space Premises at least ten (10) days prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the “Access Notice”). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's ’s Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's ’s Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's ’s lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's ’s employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's ’s agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Spaceadditional work pursuant to approved Change Orders, Landlord's ’s work in other premises and in common areas of the BuildingBuilding or the Park, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice not to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant’s Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord’s standard rates then in effect.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenantsconvenants, conditions and provisions of the Lease, (specifically including the provisions of Section IX thereof (regarding Tenant's improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or requires the use of elevators during hours other than ___________a.m. to __________ p.m. on Monday through Friday (excluding holidays) or of other Building services, Tenant shall reimburse Landlord for such extra cost, and/or shall pay Landlord for such elevator service or other building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Industrial Lease (Sensys Technologies Inc)

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Tenant Access. Landlord shall allow Landlord, in Landlord’s reasonable discretion and upon receipt of a written request from Tenant, may grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the “Access Notice”). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's ’s Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's ’s Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's ’s lien-free completion of Tenant's Tenants Pre-Occupancy Work. . (b) Such pre-Term term access by Tenant and its representatives Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion Space, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space or to property placed therein prior to the 2006 Expansion Space Commencement Date, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers.

Appears in 1 contract

Samples: Lease Agreement (Alphasmart Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord’s reasonable discretion and upon receipt of a written request from Tenant, may grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the “Access Notice”). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts commercially reasonably satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's ’s Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's ’s Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's ’s lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's ’s employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's ’s agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Spaceadditional work pursuant to approved Change Orders, Landlord's ’s work in other premises and in common areas of the BuildingBuilding or the Park, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four one (241) hours' business days’ prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant’s Pre-Occupancy Work causes extra out-of-pocket costs to be incurred by Landlord or suppliersrequires the use of other Building services, Tenant shall promptly reimburse Landlord for such extra out-of-pocket costs and/or shall pay Landlord for such other Building services at Landlord’s standard rates then in effect.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Tenant Access. Landlord shall allow will grant Tenant a license to have access to the 2006 Expansion Space prior to the 2006 Expansion Space Commencement Date Premises to allow Tenant to do work other work than the Tenant Improvements required by Tenant to install the Tenant’s Personal Property and to otherwise make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; and (iiiv) certificates of insurance (in amounts reasonably satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work). (b) Such preTenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, liens, actions, costs, expenses (including without limitation, attorneys’ fees and costs), penalties, fines, and damages arising from or related to, in any manner whatsoever, the Tenant’s Pre-Term access Occupancy Work, except to the extent that any such claims, liens, actions, costs, expenses (including without limitation, attorneys’ fees and costs), penalties, fines, or damages are due to the negligence (but only to the extent not covered by the insurance Tenant and its representatives shall be subject is required to scheduling by carry under this lease or actually carries), gross negligence or willful misconduct of any of the Indemnitees or Landlord’s breach of this Lease. (c) Tenant's employees, agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion Space, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy any portion of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the applicable terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay RentBase Rent or Additional Rent as provided for in Sections 3 and 6 of the Lease. Except to the extent of the negligence (but only to the extent not covered by the insurance coverage Tenant is then carrying or required to carry under this Lease), gross negligence or willful misconduct of Landlord or Landlord’s Representatives, Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Work Premises or Additional Work to the extent Warm Shell Improvements caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen or suppliersconsultants, workmen, mechanics, suppliers and invitees, subject to Section 12.5 of the Lease concerning waiver of subrogation requirements. Notwithstanding any provision to the contrary in this Section 7, Tenant shall be granted 24-hour-a-day 7-day-a-week access to the Premises for purposes of constructing the Tenant Improvements.

Appears in 1 contract

Samples: Lease Agreement (Linkedin Corp)

Tenant Access. Landlord shall allow hereby grants to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: ; (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be he subject to reasonable scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenantsconvenants, conditions and provisions of the Lease, (specifically including the provisions of Section IX thereof (regarding Tenant's improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers.. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or requires the use of other Building services, Tenant shall reimburse Landlord for such extra cost, and/or shall pay Landlord for such elevator service or other building services at Landlord's standard rates then in effect

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon ------------- request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the Term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a description of and schedule for Tenant's Pre- Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or and if reasonably required by Landlord a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Buildingpremises, or the general operation of the Buildingbuilding. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-twenty- four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Section 9 thereof (regarding Tenant's improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord Tenant shall reimburse Landlord for such extra cost.

Appears in 1 contract

Samples: Single Tenant Building Lease (Sri Surgical Express Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant's Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions of Section IX thereof (regarding Tenant's improvements and alterations to the Expansion SpacePremises), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or requires the use of elevators during hours other than ________a.m. to _______p.m. on Monday through Friday (excluding holidays) or of other Building services, Tenant shall reimburse Landlord for such extra cost, and/or shall pay Landlord for such elevator service or other building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Lease (DND Technologies Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord’s reasonable discretion and upon receipt of a written request from Tenant, may grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the “Access Notice”). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies a detailed description of all plans and specifications pertaining to schedule for Tenant's ’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's ’s Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's ’s employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's ’s agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Space, Landlord's additional work in other premises and in common areas of the Building, or the general operation of the Buildingpursuant to approved Change Orders. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which that may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant’s Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord’s standard rates then in effect, if and to the extent that such costs are Excess Tenant Improvement Costs.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord’s reasonable discretion and upon request by Tenant, may grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the Term to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) copies of all plans and specifications pertaining to Tenant's ’s Pre-Occupancy Work; (ii) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; (iii) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's ’s Pre-Occupancy Work; and (viiiv) assurances of the ability of Tenant to pay for all of Tenant's ’s Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's ’s lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's ’s employees, agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's ’s agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's ’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's ’s improvements and alterations to the Expansion Space)Premises, and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's ’s Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term, the same being at Tenant's ’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant’s Pre-Occupancy Work causes extra costs to Landlord or extraordinary use of Building services. Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord’s standard rates then in effect.

Appears in 1 contract

Samples: Lease Agreement (Kips Bay Medical, Inc.)

Tenant Access. Landlord shall allow grant Tenant access to the 2006 Expansion 4th & 5th Floor Space on the Extended Term Commencement Date, or if said space is vacant prior to the 2006 Expansion Space Extended Term Commencement Date then prior to said Date (at Landlord's discretion), to allow Tenant to do other work required by construct and install the Fourth/Fifth Floor Tenant to make Improvements in the 2006 Expansion Space ready for 4th & 5th Floor Space. Tenant's use and occupancy (access to the "Tenant's Pre-Occupancy Work"). It 5th Floor Premises shall be a condition subject to the grant by Landlord thatfollowing conditions: (a) Tenant shall give deliver to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for the construction and installation of the Fourth/Fifth Floor Tenant Improvements; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the 4th & 5th Floor Space on behalf of Tenant to perform the Fourth/Fifth Floor Tenant Improvements or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the 4th & 5th Floor Space; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Fourth/Fifth Floor Tenant Improvements; (iv) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Workthe Fourth/Fifth Floor Tenant Improvements; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Workthe Fourth/Fifth Floor Tenant Improvements; (iiivi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Workthe Fourth/Fifth Floor Tenant Improvements; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work the Fourth/Fifth Floor Tenant Improvements and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Workthe Fourth/Fifth Floor Tenant Improvements. (b) Such pre-Term access by Tenant and its representatives shall be subject to scheduling approved by Landlord. (c) Tenant's employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion Space, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenantremove said person or persons from the Building. (d) Any such entry into and occupancy of the Expansion 4th & 5th Floor Space prior to the Extended Term Commencement Date by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), Lease and excluding only the covenant to pay Basic Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work the Fourth/Fifth Floor Tenant Improvements made in or about the 2006 Expansion 4th & 5th Floor Space or to property placed therein prior to the 2006 Expansion Space Extended Term Commencement Date, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion 4th & 5th Floor Space or to any portion of the Work or Additional Work to the extent Fourth/Fifth Floor Tenant Improvements caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of the Fourth/Fifth Floor Tenant Improvements Tenant's causes extra costs to Landlord or requires the use of elevators during hours other than 8:00 a.m. to 6:00 p.m. on Monday through Friday (excluding holidays) or of other Building services, Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Novo Mediagroup Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon ------------- request by Tenant, will grant to Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Date date designated in the Lease for the commencement of the Term to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time Premises not less than five (5) days prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (iI) copies of all plans and specifications pertaining to Tenant's Pre-Occupancy Work; (ii) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iii) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viiiv) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's agents in performing the Work and any Additional Work in the 2006 Expansion SpacePremises, Landlord's work in other premises and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space)Premises, and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the Term, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space Premises or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to Landlord or extraordinary use of Building services, Tenant shall reimburse Landlord for such extra cost and/or shall pay Landlord for such elevator service or other Building services at Landlord's standard rates then in effect. It is understood and agreed that a breach by Tenant of any of the foregoing conditions shall constitute a Tenant Delay, and shall modify Landlord's obligation to deliver the Premises to Tenant by the Commencement Date pursuant to Article 5(b) hereof for the number of days attributable to such delay.

Appears in 1 contract

Samples: Standard Office Lease Agreement (Vital Images Inc)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon receipt of a written request from Tenant, may grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the "Access Notice"). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre-Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viivi) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Spaceadditional work pursuant to approved Change Orders, Landlord's work in other premises and in common areas of the BuildingBuilding or the Park, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to shall immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, Tenant shall promptly reimburse Landlord upon Landlord's notice to Tenant for such extra costs and/or shall pay Landlord for such other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Tenant Access. Landlord shall allow Landlord, in Landlord's reasonable discretion and upon ------------- receipt of a written request from Tenant, may grant Tenant a license to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space Commencement Completion Date to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's use and occupancy (the "Tenant's Pre-Occupancy Work"). It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time not less than five (5) business days prior to the date on which such proposed access will commence, which written request commence (the "Access Notice"). The Access Notice shall contain or shall be accompanied by each of the following items, all in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant's Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant's Pre- Occupancy Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (iii) copies of all contracts, subcontracts, material purchase orders, plans and specifications pertaining to Tenant's Pre-Occupancy Work; (iiiv) copies of all licenses and permits required in connection with the performance of Tenant's Pre-Occupancy Work; (iiiv) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, penalties, fines, and damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (viivi) reasonable assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's Pre-Occupancy Work. (b) Such pre-Term term access by Tenant and its representatives Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall be subject to scheduling by Landlord. (c) Tenant's employees, agents, contractors, workersconsultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not not, in any manner, interfere with Landlord or Landlord's agents or representatives in performing the Work and any Additional Work in the 2006 Expansion Spaceadditional work pursuant to approved Change Orders, Landlord's work in other premises and in common areas of the BuildingBuilding or the Park, or the general operation of the Building. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor disputedisharmony, and Tenant fails to immediately institute and maintain such corrective actions as directed by Landlord, then Landlord may withdraw revoke such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space Premises or to any property placed therein prior to the 2006 Expansion Space Commencement Datecommencement of the term of the Lease, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Premises, the Work or Additional Work the additional work related to the extent any approved Change Orders caused by Tenant or any of Tenant's employees, agents, contractors, workmen consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's Pre-Occupancy Work causes extra costs to be incurred by Landlord or suppliersrequires the use of other Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such other Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Nuance Communications)

Tenant Access. Landlord Tenant shall allow Tenant have the right, without obligation to pay Basic Rent, to have access to the 2006 Expansion Space Premises prior to the 2006 Expansion Space date designated in the Lease for the Rent Commencement Date of the term of the Lease to allow Tenant to do other work required by Tenant to make the 2006 Expansion Space Premises ready for Tenant's ’s use and occupancy (the "Tenant's ’s Pre-Occupancy Work"). It shall be a condition to the grant by Landlord thatand continued effectiveness of such license that prior to entry: (a) Tenant shall give to Landlord a written request to have such access to the 2006 Expansion Space within a reasonable time prior to the date on which such access will commence, which written request shall contain or shall be accompanied by each of the following items, all in writing in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Pre-Occupancy Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Pre-Occupancy Work or will be supplying materials for such work; (iii) copies of all contracts, subcontracts and material purchase orders pertaining to Tenant’s Pre-Occupancy Work; (iv) copies of all plans and specifications pertaining to Tenant's ’s Pre-Occupancy Work; (iiv) copies of all licenses and permits required in connection with the performance of Tenant's ’s Pre-Occupancy Work; (iiivi) certificates of insurance (in amounts reasonably satisfactory to Landlord and with the parties identified in, or required by, the Lease named as additional insureds, except that worker’s compensation coverage shall name Landlord as certificate holder) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Pre-Occupancy Work; and (vii) assurances of the ability of Tenant to pay for all of Tenant's Pre-Occupancy Work and/or a letter of credit or other security deemed appropriate by Landlord securing Tenant's lien-free completion of Tenant's ’s Pre-Occupancy Work. (b) Such pre-Term access by Tenant and its representatives shall be subject to scheduling by Landlord. (c) Tenant's ’s employees, agents, contractors, workersworkmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord or Landlord's ’s agents in performing the Tenant Improvement Work and any Additional Work additional work in the 2006 Expansion SpacePremises, Landlord's ’s work in other premises parts of the Building and in common areas of the Building, or the general operation of the Building. If at any time any such person representing Tenant shall cause or threaten to cause such disharmony or interference, including labor disharmony, including, without limitation, a strike or other labor dispute, and Tenant fails to immediately institute and maintain such corrective actions within seven (7) days as reasonably directed by Landlord, then Landlord may withdraw such license upon twenty-four (24) hours' prior written notice to Tenant. (d) Any such entry into and occupancy of the Expansion Space by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, (specifically including the provisions regarding Tenant's improvements and alterations to the Expansion Space), and excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's Pre-Occupancy Work made in or about the 2006 Expansion Space or to property placed therein prior to the 2006 Expansion Space Commencement Date, the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to the 2006 Expansion Space or to any portion of the Work or Additional Work to the extent caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers.

Appears in 1 contract

Samples: Lease Agreement (Inverness Medical Innovations Inc)

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