Tenant Access. Landlord shall afford Tenant and its employees, agents and contractors access to the Premises, at reasonable times prior to the Commencement Date, and at Tenant’s sole risk and expense, for the purposes of inspecting and verifying the performance and completion of the Tenant Improvements. Tenant shall inspect the performance of Tenant Improvements regularly and diligently and shall advise Landlord promptly of any objections to the performance of such work. Access for such purposes shall not be deemed to constitute possession or occupancy. Landlord shall promptly undertake and diligently prosecute the correction of any defective work of which it is notified as aforesaid. Any entry in the Premises by the Tenant or Tenant’s agents, contractors or employees pursuant to this Section 3.02 prior to Substantial Completion of the Tenant Improvements: (i) shall be subject to the insurance requirements of this Lease as if Tenant were in occupancy of the Premises; (ii) shall comply with all applicable laws and Governmental Requirements, as well as any and all reasonable construction scheduling requirements of Landlord; and (iii) shall be conducted in a manner which does not hinder, disrupt, interfere with or otherwise cause delay in (or increase the cost of) commencing, performing and/or Substantially Completing the Tenant Improvements. In the event of any hindrance, disruption, interference or delay in commencing, performing and/or Substantially Completing the Tenant Improvements due to a breach by Tenant of any of the foregoing requirements, or otherwise due to the acts and/or omissions of Tenant, or its agents, employees, contractors and/or consultants occurring during the course of any entries into the Premises under this Paragraph, the same shall be deemed to constitute a Tenant Delay hereunder, and Tenant will pay all additional costs and expenses arising therefrom. In addition, Tenant shall bear the full risk of loss for all materials, equipment or other property that are brought into or stored in the Building or the Premises prior to the Commencement Date (which storage shall be subject to Landlord’s approval in its sole discretion).
Appears in 2 contracts
Samples: Center Office Lease (Aclaris Therapeutics, Inc.), Chesterbrook Corporate Center Office Lease
Tenant Access. Landlord shall afford Tenant and its employees, agents and contractors access to the Premises, at reasonable times prior to the Commencement Date, and at Tenant’s sole risk and expense, for the purposes of inspecting and verifying the performance and completion of the Tenant Improvements. Tenant shall inspect the performance of Tenant Improvements regularly and diligently and shall advise Landlord promptly of any objections to the performance of such work. Access for such purposes shall not be deemed to constitute possession or occupancy. Landlord shall promptly undertake and diligently prosecute the correction of any defective work of which it is notified as aforesaid. Any entry in the Premises by the Tenant or Tenant’s agents, contractors or employees pursuant to this Section 3.02 prior to Substantial Completion of the Tenant Improvements: (i) shall be subject to the insurance requirements of this Lease as if Tenant were in occupancy of the Premises; (ii) shall comply with all applicable laws and Governmental Requirements, as well as any and all reasonable construction scheduling requirements of Landlord; and (iii) shall be conducted in a manner which does not hinder, disrupt, interfere with or otherwise cause delay in (or increase the cost of) commencing, performing and/or Substantially Substantial Completing the Tenant Improvements. In the event of any hindrance, disruption, interference or delay in commencing, performing and/or Substantially Substantial Completing the Tenant Improvements due to a breach by Tenant of any of the foregoing requirements, or otherwise due to the acts and/or omissions of Tenant, or its agents, employees, contractors and/or consultants occurring during the course of any entries into the Premises under this Paragraph, the same shall be deemed to constitute a Tenant Delay hereunder, and Tenant will pay all additional costs and expenses arising therefromany net increase in cost caused by such Tenant Delay. In addition, Tenant shall bear the full risk of loss for all materials, equipment or other property that are brought into or stored in the Building or the Premises prior to the Commencement Date (which storage shall be subject to Landlord’s approval in its sole discretion).
Appears in 2 contracts
Samples: Princeton South Corporate Center Office Lease (Celator Pharmaceuticals Inc), Princeton South Corporate Center Office Lease (Celator Pharmaceuticals Inc)
Tenant Access. Upon Tenant's request, Landlord shall afford ------------- grant to Tenant and its employees, agents and contractors subcontractors non-exclusive access to the Premises, Premises at reasonable times prior to the Commencement Date, and at Tenant’s sole risk and expense, reasonably determined by Landlord for the purposes purpose of inspecting installing telephone equipment, cabling and verifying wiring, a security system and other items necessary for Tenant to conduct its business (collectively, "Tenant's Installations"), provided, however, that the performance of Tenant's Installations does not materially interfere with or delay the work of Landlord's general contractor engaged in the construction of the Building or the Tenant Improvements General Contractor or their respective subcontractors. Such periods of access by Tenant and completion its contractors shall hereinafter be referred to as the "Non-Exclusive Access Period." Tenant shall coordinate with Landlord's general contractor engaged in the construction of the Building or the Tenant Improvements General Contractor for the performance of Tenant's Installations during the Non-Exclusive Access Period and comply with their scheduling requirements so that the construction of Tenant's Installations does not delay or impede required approvals or construction of the Building or the Tenant Improvements. Any delay caused by Tenant's failure to do so shall be considered Tenant shall inspect the performance of Delay. Tenant Improvements regularly and diligently and shall advise Landlord promptly of any objections to the performance acknowledges that employees of such work. general contractors and subcontractors shall have access to and be working in the Building and the Premises during the Non-Exclusive Access for such purposes Period and the Building and Premises shall not be deemed locked during the times work is being performed. Tenant shall be liable for any damage caused by persons engaged in installing Tenant's Installations and any delay caused by such damage shall be Tenant Delay. Landlord, its agents and employees shall not be liable to constitute possession Tenant for any theft, damage or occupancy. Landlord shall promptly undertake and diligently prosecute destruction that may occur during the correction of any defective work of which it is notified as aforesaid. Any entry Non-Exclusive Access Period to Tenant's Installations or other property in the Premises or the Building except for such loss due to Landlord's gross negligence or willful misconduct. Tenant shall obtain and maintain "Direct Causes of Physical Loss or Damage" coverage insurance on all of Tenant's Installations in the Premises from the date of their installation, with a waiver of subrogation in favor of Landlord. Prior to the Non-Exclusive Access Period, Tenant shall, in addition, obtain the public liability insurance and contractors' insurance required by the provisions of Paragraph 4.13 of this Lease. Tenant shall deliver a certificate of such policies to Landlord prior to entering the Premises for the purposes described in this Paragraph 4.14. Tenant shall not be charged for the use of elevators during the Non-Exclusive Access Period or Tenant’s agents, contractors or employees pursuant to this Section 3.02 prior to Substantial Completion of the Tenant Improvements: (i) shall be subject to the insurance requirements of this Lease as if Tenant were in occupancy of 's actual move into the Premises; (ii) shall comply with all applicable laws and Governmental Requirements, as well as any and all reasonable construction scheduling requirements of Landlord; and (iii) shall be conducted in a manner which does not hinder, disrupt, interfere with or otherwise cause delay in (or increase the cost of) commencing, performing and/or Substantially Completing the Tenant Improvements. In the event of any hindrance, disruption, interference or delay in commencing, performing and/or Substantially Completing the Tenant Improvements due to a breach by Tenant of any of the foregoing requirements, or otherwise due to the acts and/or omissions of Tenant, or its agents, employees, contractors and/or consultants occurring during the course of any entries into the Premises under this Paragraph, the same shall be deemed to constitute a Tenant Delay hereunder, and Tenant will pay all additional costs and expenses arising therefrom. In addition, Tenant shall bear the full risk of loss for all materials, equipment or other property that are brought into or stored in the Building or the Premises prior to the Commencement Date (which storage shall be subject to Landlord’s approval in its sole discretion).
Appears in 1 contract
Samples: Deed of Lease (Digex Inc/De)