Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to enter the Premises prior to the Commencement Date specified in the Lease in order that Tenant may do other approved work or alterations as may be required by Tenant to make the Premises ready for Tenant’s use and occupancy. If Landlord permits such prior entry, then such license shall be subject to the condition that Tenant and Tenant’s agents, contractors, workmen, mechanics, suppliers, and invitees shall work in harmony and not interfere with Landlord and its agents and contractors in doing their work in the above building or with other tenants and occupants of the above building. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, shall have the right to withdraw and cancel such license upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibited. Tenant agrees that any entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building. B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to enter the Premises prior to the Commencement Date specified in the Lease in order that Tenant may do other approved work or alterations as may be required by Tenant to make the Premises ready for Tenant’s use and occupancy. If Landlord permits such prior entry, then such license shall be subject to the condition that Tenant and Tenant’s agents, contractors, workmen, mechanics, suppliers, and invitees shall work in harmony and not interfere with Landlord and its agents and contractors in doing their work in the above building or with other tenants and occupants of the above building. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, shall have the right to withdraw and cancel such license upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibited. Tenant agrees that any entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of of. its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
Tenant's Access to the Premises. A. LandlordLandlord shall permit Tenant, in its sole discretion, may permit Tenant ------------------------------- Tenant's employees and Tenant’s agents or contractors 's Contractors which have been reasonably approved by Landlord to enter the Premises prior to the Commencement Date specified in the Lease in order that Tenant may do other approved work or alterations in addition to the Landlord's Work, if any, as may be required desired by Tenant to make the Premises ready for Tenant’s use 's occupancy, provided that Tenant shall fully perform and occupancy. comply with each of the following covenants, conditions and requirements:
A. If Landlord permits such entry prior entryto the Commencement Date, then such license shall be subject to the condition that Tenant permission is conditioned upon Tenant. Tenant's employees and Tenant’s agents, contractors, workmen, mechanics, suppliers, and invitees shall work 's Contractors working in harmony and not interfere interfering with or delaying Landlord or Landlord's Contractor in doing the Landlord's Work or with Landlord and its agents and contractors in or any person or entity doing their work in the above building Building, whether for Landlord or with other tenants and occupants another tenant or occupant of the above building. If Building; and if at any time such entry shall in the reasonable judgment of Landlord cause or threaten to cause such disharmony disharmony, interference or interferencedelay, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel such license permission upon twenty-four (24) hours 24 hours' written notice notice.
B. Any such entry prior to Tenant and any further prior entry the Commencement Date shall be prohibited. Tenant agrees that any entry into under and any occupation of the Premises shall be deemed subject to be under all of the terms, covenants, conditions terms and provisions of this lease, the Leasesame as if the Commencement Date had occurred, except as that Tenant shall not be obligated to pay any Base Rent prior to the covenant Commencement Date. To the extent not prohibited by law, all entry, to pay rentthe Project, the Building or the Premises by Tenant, Tenant's employees or Tenant's Contractors prior to the Commencement Date shall be solely at the risk of Tenant, Tenant's employees and Tenant's Contractors, and further agrees that to Landlord, Landlord's beneficiaries, the extent permitted by Lawmanaging agent of the Project and their respective agents, Landlord partners and its principals, employees and agents shall not be liable in any way for, and Tenant hereby indemnifies, waives and releases them and holds them harmless from any liability for and claims arising from (including court costs and reasonable attorneys' fees and expenses incurred by, and also including the monetary, value of time expended by, any such indemnified party in connection with any of the same), any injury or death to of any person or personsdamage to or theft, robbery, pilferage, loss or damage to loss of the use of any property of Tenant. or any other person or entity or any of Tenant’s 's work and or installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. Project which occurs in connection with such entry; provided however, Landlord, Landlord's beneficiaries, the managing agent of the Project and their respective agents, partners and employees shall be liable for, and Tenant does not indemnify, waive or release them or hold them harmless from liability for and claims arising from, their respective negligence or willful misconduct which occurs in connection with such entry and causes any injury to or death of any person or such damage to, theft, pilferage, loss or loss of the use of any such property. Except as set forth in the next sentence of this Paragraph 6B, the indemnification obligations of Tenant under this Paragraph 6B are subject to compliance by Landlord, Landlord's beneficiaries and all other parties that seek indemnification under this Paragraph 6B, with the following procedure's: (1) the party seeking indemnification shall provide Tenant with prompt written notice after such party learns of any claim or suit that such party believes may result in a claim by such party under this indemnification, such notice to include a reasonable identification of the facts giving rise to such belief: (2) the party seeking indemnification shall permit Tenant or Tenant's insurer to defend or settle such claim or suit and shall, at Tenant's sole expense, cooperate with Tenant and Tenant's insurer in defending or settling such claim or suit; and (3) in the event that the party seeking indemnification attempts to settle or compromise any such claim or suit, such settlement or compromise shall not be relevant as to the liability of Tenant unless consented to in writing by Tenant. Notwithstanding the foregoing, the failure of any party seeking indemnification pursuant to this Paragraph 6B to comply with any of the foregoing procedures shall not relieve Tenant of its indemnification obligations contained in this Paragraph 6B, except where, and solely to the extent that, such failure actually and materially prejudices the rights of Tenant. The foregoing indemnification, release and waiver of claims shall be in addition to and shall not limit or be limited by any other indemnifications, releases or waivers of claims in this lease. In addition, and without limiting any other provisions of this lease including this Workletter. Tenant shall require all persons and entities performing work on behalf of Tenant to provide protection for existing improvements reasonably satisfactory to Landlord, shall allow Landlord and Landlord's Contractor access to the Premises at all times during the period when Tenant or any person or entity is undertaking work therein and in the event any person or, entity performing work on behalf of Tenant, other than the Landlord's Work, causes any damage to the property of Landlord or others, or to the Landlord's Work. Tenant shall cause such damage to be repaired at Tenant's expense, and if Tenant tails to cause such damage to be repaired promptly upon Landlord's demand therefor, Landlord may, in addition to any other conditions rights or limitations on remedies available to Landlord under this lease or at law or equity, cause such license damage to enter be repaired, in which event Tenant shall promptly upon Landlord's demand pay to Landlord the cost of such repair.
C. All persons and entities performing work or supplying materials to Tenant shall use only those service corridors and service entrances designated by Landlord for ingress and egress of personnel, and the delivery and removal of equipment and material through or across any common areas of the Building shall only be permitted with the written approval of Landlord, not to be unreasonably withheld, and during hours reasonably determined by Landlord. Landlord shall have the right to order Tenant or any person or entity who violates the above requirements to cease work and to remove itself, its equipment and its employees from the Building.
D. Tenant, Tenant's employees and Tenant's Contractors shall abide by the rules of the site applicable to all contractors and others in or upon the Project or the Premises prior and shall coordinate and schedule their access to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliersPremises for labor and materials delivery through the general contractor for the Building and Landlord's Contractor, or invitees the managing agent for the Project, if so directed by Landlord.
E. All work to be performed pursuant to this Paragraph 6 shall enter be subject to the Premises prior to such occupancy date unless terms and until each provisions of them shall furnish such assurances to LandlordSection 14 of this lease, including but not limited to, insurance coverages, waivers without limitation the requirement of lien, surety company performance bonds and personal guaranties first obtaining the prior written consent of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claimsthereto.
Appears in 1 contract
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to 's agents, at Tenant's sole risk, may, with Landlord's prior consent, enter the Premises prior to the Term Commencement Date specified in the Lease in order that Tenant may to do other approved such work or alterations as may be required by Tenant to make the Premises ready for Tenant’s 's use and occupancyoccupancy thereof. If Landlord permits such entry prior entryto the Term Commencement Date, then such license permission shall be subject to the condition that conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, mechanics, supplierssuppliers and invitees, and invitees shall work working in harmony and not interfere with Landlord and its agents the General Contractor and contractors in doing their work in the above building or with other tenants and occupants of the above buildingBuilding. If at any time such entry shall cause or threaten to cause such disharmony or interferenceotherwise interfere with the orderly completion of operation of the Building, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel such license permission upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibitedTenant. Tenant agrees that any Any such entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, this Lease except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Rent. Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or personsinjury, loss or damage which may occur to any of Tenant’s 's work and installations made in the Premises, Premises or loss or damage to property properties placed thereintherein prior to the Term Commencement Date, the same being at Tenant’s 's sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Office Lease (Summit Design Inc)
Tenant's Access to the Premises. A. Landlord(A) Provided that Tenant has provided Landlord with its contractor(s) certificates of insurance required under the Lease, in its sole discretion, may permit Landlord shall allow Tenant and its contractor(s) access to Exhibit B – Page 7 the Leased Premises thirty (30) days prior to the Substantial Completion of the Tenant Work, as estimated by Landlord in good faith, solely for the purpose of installing Tenant’s agents or contractors Finishing Work in the Leased Premises. Any such early occupancy shall be on all the terms and conditions contained in this Lease, except Tenant shall not be obligated for the payment of Minimum Monthly Rent and Additional Rent.
(B) Should Tenant elect to enter the Leased Premises prior to under the Commencement Date specified in the Lease in order that Tenant may do other approved work or alterations as may be required by Tenant to make the Premises ready terms of this Section 9 for construction of Tenant’s use Finishing Work, it is hereby agreed that Tenant, its employees, its agents, its independent contractors, its suppliers and occupancy. If Landlord permits such prior entryany other person under Tenant’s direct control (collectively, then such license “Tenant’s Early Access Parties”) installing the Finishing Work shall be subject to the condition that Tenant reasonable direction of the Landlord and General Contractor. If, in the reasonable judgment of Landlord, the presence of Tenant’s agents, contractors, workmen, mechanics, suppliers, and invitees Early Access Parties or the Finishing Work that is being performed thereby shall work in harmony and not materially interfere with Landlord and its agents and contractors in doing their work in the above building or with other tenants and occupants completion of the above building. If at any time such entry shall cause or threaten to cause such disharmony or interferenceTenant Work, Landlordthen, in its sole discretion, Landlord shall have the right to withdraw and cancel such license upon twenty-order any or all of Tenant’s Finishing Work to cease on twenty four (24) hours hours’ written notice to Tenant and any further prior entry shall be prohibitednotice. Tenant agrees that any entry into and any occupation If Landlord requires such cessation of the Premises shall be deemed to be under all Finishing Work because there exists a material interference with the completion of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the PremisesWork, or loss or damage to property placed therein, the same being at then Tenant shall have Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents Early Access Parties removed from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Leased Premises or the above buildinguntil such material interference is remedied.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Office Lease Agreement (Calix, Inc)
Tenant's Access to the Premises. A. After receipt of written notice from Tenant requesting access to the Premises, Landlord, in its sole discretion, may permit Tenant and Tenant’s agents agent’s or contractors to enter the Premises prior to the Commencement Date specified in the Lease in order that Tenant may do other approved work or alterations as may be required by Tenant to make the Premises ready for Tenant’s use and occupancy. If Landlord permits such prior entry, then such license shall be subject to the condition that Tenant and Tenant’s agents, contractors, workmen, mechanics, suppliers, and invitees shall work in harmony and not interfere with Landlord and its agents and contractors in doing their work in the above building Building or with other tenants and occupants of the above buildingBuilding. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, shall have the right to withdraw and cancel such license upon twenty-four (24) hours written notice to Tenant (or immediately in case of emergency or condition causing or likely to cause harm to person or property) and any further prior entry shall be prohibited. Tenant agrees that any entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay rent, and further agrees that to the extent permitted by Lawlaw, Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above buildingBuilding.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy dateOccupancy Date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy the date they are tendered by Landlord unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to 's agents, at Tenant's sole risk, may, with Landlord's prior consent, enter the Premises prior to the Term Commencement Date specified in the Lease in order that Tenant may to do other approved such work or alterations as may be required by Tenant to make the Premises ready for Tenant’s 's use and occupancyoccupancy thereof. If Landlord permits such entry prior entryto the Term Commencement Date, then such license permission shall be subject to the condition that conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, mechanics, supplierssuppliers and invitees, and invitees shall work working in harmony and not interfere with Landlord and its agents the General Contractor and contractors in doing their work in the above building or with other tenants and occupants of the above buildingBuilding. If at any time such entry shall cause or threaten to cause such disharmony or interferenceinterfere with the orderly completion of operation of the Building, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel such license permission upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibitedTenant. Tenant agrees that any Any such entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, this Lease except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Rent. Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or personsinjury, loss or damage which may occur to any of Tenant’s 's work and installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy datelimitation, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claimsnot be deemed unreasonable for withholding approval of same.
Appears in 1 contract
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to 's agents, at Tenant's sole risk, may, with Landlord's prior consent, enter the Premises prior to the Term Commencement Date specified in the Lease in order that Tenant may to do other approved such work or alterations as may be required by Tenant to make the Premises ready for Tenant’s 's use and occupancyoccupancy thereof. If Landlord permits such entry prior entryto the Term Commencement Date, then such license permission shall be subject to the condition that conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, mechanics, supplierssuppliers and invitees, and invitees shall work working in harmony and not interfere with Landlord and its agents the general contractor and contractors in doing their work in the above building or with other tenants and occupants of the above buildingBuilding. If at any time such entry shall cause or threaten to cause such disharmony or interferenceotherwise interfere with the orderly completion or operation of the Building, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel such license permission upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibitedTenant. Tenant agrees that any Any such entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, this Lease except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Rent. Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or personsinjury, loss or damage which may occur to any of Tenant’s 's work and installations made in the Premises, premises or loss or damage to property properties placed thereintherein prior to the Term Commencement Date, the same being at Tenant’s 's sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Office Lease (Account4 Com Inc)
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may Landlord shall permit Tenant and Tenant’s agents or Tenaxx'x xgents and contractors that have been approved by Landlord to enter the respective floors of the Premises prior to the Commencement Date specified in the Lease Substantial Completion of such floors in order that Tenant may do work other approved work or alterations than Landlord's Work as may be required by Tenant to make the Premises ready for Tenant’s 's use and occupancy. occupancy thereof, provided that Tenant shall fully perform and comply with each of the following covenants, conditions and requirements:
(a) If Landlord permits Tenant makes such entry prior entryto the Substantial Completion date for any floor of the Premises, then Tenaxx'x xontinued right to such license shall be subject to the condition that access is conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, mechanics, supplierssuppliers and invitees, and invitees shall work working in harmony and not interfere interfering with Landlord and its Landlord's agents and contractors in doing their Landlord's Work in said Premises or work in the above building or with for other tenants and occupants of the above building. If Building; and if at any time such entry shall in the reasonable judgment of Landlord cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel prohibit such license access upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibited. Tenant agrees notice, until the cause of the interference has been corrected.
(b) Tenaxx xxxees that any such entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions conditions, and provisions of the Lease, Lease except as to the covenant to pay rentBase Rent and Additional Rent. Tenant shall require all entities performing work on behalf of Tenant to provide protection for existing improvements to an extent that is reasonably satisfactory to Landlord and from and after such date as Tenant takes possession of the Premises or any portion thereof, and further agrees that Tenant shall allow Landlord access to the extent permitted by LawPremises or such portion thereof, Landlord and its principals, employees and agents shall not be liable in for inspection purposes. In the event any way for any injury or death to any person or persons, loss or damage to any of Tenant’s entity performing work and installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities on behalf of Tenant or its agentsTenant causes any damage to the property of others, contractorsTenant shall cause such damage to be repaired at Tenant's expense and if Tenant fails to cause such damage to be repaired promptly upon demand therefor, workmen, mechanics, suppliers and invitees Landlord may in or about the Premises or the above building.
B. In addition to any other conditions rights or limitations remedies available under this Lease or at law or equity cause such damage to be repaired, in which event Tenant shall promptly upon demand pay to the other party the cost of such repairs.
(c) All contractors and subcontractors shall use only those service corridors and service entrances reasonably designated by Landlord for ingress and egress of personnel; and the delivery and removal of equipment and material through or across any other common areas shall only be with the written approval of Landlord which shall not be unreasonably withheld or delayed and during hours reasonably determined by Landlord. Landlord shall have the right to order Tenant or any contractor or subcontractor who violates the above requirements to cease work and to remove it, its equipment, and its employees from the Building;
(d) During the performance of any Tenant's work pursuant to this Paragraph 6, Landlord shall provide trash removal service for an additional fee equal to Landlord's out-of-pocket costs to provide such service. Tenant and Tenaxx'x xontractors shall accumulate their trash in containers supplied by Landlord. Tenant shall cause each entity employed by it to perform work on such license to enter the Premises prior to abide by the provisions of this Work Letter as to the said occupancy date, Tenant expressly agrees storage of trash and shall require each such entity to use reasonable efforts to perform its work in a way that none of its agents, contractors, workmen, mechanics, suppliers, dust or invitees shall enter dirt is contained entirely within the Premises prior and not within any other portion of the Building and shall cause Tenaxx'x xeneral contractor to such occupancy date unless and until each leave any affected part of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers the Premises broom clean at the conclusion of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.the work; and
Appears in 1 contract
Samples: Sublease (Universal Access Inc)
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to 's agents, at Tenant's sole risk, may, with Landlord's prior consent, enter the Premises prior to the Term Commencement Date specified in the Lease in order that Tenant may to do other approved such work or alterations as may be required by Tenant to make the Premises ready for Tenant’s 's use and occupancyoccupancy thereof. If Landlord permits such entry prior entryto the Term Commencement Date, then such license permission shall be subject to the condition that conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, mechanics, supplierssuppliers and invitees, and invitees shall work working in harmony and not interfere with Landlord and its agents the General Contractor and contractors in doing their work in the above building or with other tenants Tenant's and occupants of the above buildingBuilding. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, otherwise interfere with the orderly completion of operation of the Building Landlord shall have the right to withdraw and cancel such license permission upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibitedTenant. Tenant agrees that any Any such entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, this Lease except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Landlord and its principals, employees and agents Rent landlord shall not be liable in any way for any injury or death to any person or personsinjury, loss or damage which may occur to any of Tenant’s 's work and installations made in the Premises, Premises or loss or damage to property properties placed thereintherein prior to the Term Commencement Date, the same being at Tenant’s 's sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Office Lease (Synchronicity Inc)
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to 's agents, at Tenant's sole risk, may, with Landlord's prior consent, enter the Premises prior to the Term Commencement Date specified in the Lease in order that Tenant may to do other approved such work or alterations as may be required by Tenant to make the Premises ready for Tenant’s 's use and occupancyoccupancy thereof. If Landlord permits such entry prior entryto the Term Commencement Date, then such license permission shall be subject to the condition that conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, mechanics, supplierssuppliers and invitees, and invitees shall work working in harmony and not interfere with Landlord and its agents the General Contractor and contractors in doing their work in the above building or with other tenants and occupants of the above buildingBuilding and Tenant delivering evidence of insurance required by this lease. If at any time such entry shall cause or threaten to cause such disharmony or interferenceotherwise interfere with the orderly completion or operation of the Building, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel such license permission upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibitedTenant. Tenant agrees that any Any such entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, this Lease except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Rent. Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or personsinjury, loss or damage which may occur to any of Tenant’s 's work and installations made in the Premises, Premises or loss or damage to property properties placed thereintherein prior to the Term Commencement Date, the same being at Tenant’s 's sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Office Lease (Sync Research Inc)
Tenant's Access to the Premises. A. Landlord, in its sole at Landlord's reasonable discretion, may permit Tenant and Tenant’s 's agents or contractors to enter the Premises prior to the Commencement Date specified in completion of the Lease Tenant's Improvements in order that Tenant may do other approved work or alterations as may be required by Tenant to make the Premises ready for Tenant’s 's use and occupancy. If Landlord permits such prior entry, then such permission shall constitute a license only and such license shall be subject to the condition that conditioned upon Tenant working in harmony and Tenant’s not interfering with Landlord and Landlord's agents, contractors, workmen, mechanics, suppliers, mechanics and invitees shall work in harmony and not interfere with Landlord and its agents and contractors suppliers in doing their the Tenant's Improvements, or other work of Landlord in the above building Building or with other tenants and occupants of the above buildingBuilding. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel such license for any reasonable reason upon twenty-four (24) hours hours' written notice to Tenant and any further prior entry shall be prohibitedTenant. Tenant agrees that any such entry into and any occupation of the Premises as described herein shall be deemed to be under all of the terms, covenants, conditions at its own risk and provisions of the Lease, except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or personsinjury, loss or damage which may occur to any of Tenant’s work and installations made in the Premises, 's property or loss personal injuries to any of Tenant's employees or damage to property placed therein, the same being at Tenant’s sole riskagents as a result thereof. Tenant further agrees to protect, defend, indemnify, indemnify and save hold Landlord harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees liabilities and expenses) , except if due to Landlord's negligence or willful misconduct, arising out of or connected with the activities of Tenant and its employees or its agents, contractors, workmen, mechanics, suppliers and invitees agents in or about the Premises or the above building.
B. In addition to any other conditions or limitations on such license to enter the Premises prior to the said occupancy dateBuilding including, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers any and all liabilities for damage to or loss of lien, surety company performance bonds and personal guaranties any materials or equipment of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claimsTenant which are stored on the Premises.
Appears in 1 contract
Tenant's Access to the Premises. A. Landlord, in its sole discretion, may permit Tenant and Tenant’s agents or contractors to enter the Premises prior to the Commencement Date specified in the Lease in order that Tenant may do other approved work or alterations as may be required by Tenant to make the Premises ready for Tenant’s use and occupancy. If Landlord permits such prior entry, then such license shall be subject to the condition that Tenant and Tenant’s agents, contractors, workmen, mechanics, suppliers, and invitees shall work in harmony and not interfere with Landlord and its agents and contractors in doing their work in the above building or with other tenants and occupants of the above building. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its sole discretion, shall have the right to withdraw and cancel such license upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be prohibited. Tenant agrees that any entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay rent, and further agrees that to the extent permitted by Law, Landlord and its principals, employees and agents shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s work and installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. In addition to any any, other conditions or limitations on such license to enter the Premises prior to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers, or invitees shall enter the Premises prior to such occupancy date unless and until each of them shall furnish such assurances to Landlord, including but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claims.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
Tenant's Access to the Premises. A. LandlordLandlord shall permit Tenant, in its sole discretion, may permit Tenant Tenant’s employees and Tenant’s agents or contractors Contractors which have been reasonably approved by Landlord to enter the Premises prior to the Commencement Possession Date specified in the Lease in order that Tenant may do other approved work or alterations in addition to the Landlord’s Work, if any, as may be required desired by Tenant to make the Premises ready for Tenant’s use occupancy, provided that Tenant shall fully perform and occupancy. comply with each of the following covenants, conditions and requirements:
A. If Landlord permits such entry prior entryto the Possession Date, then such license shall be subject to the condition that Tenant permission is conditioned upon Tenant, Tenant’s employees and Tenant’s agents, contractors, workmen, mechanics, suppliers, and invitees shall work Contractors working in harmony and not interfere interfering with or delaying Landlord or Landlord’s Contractor in doing the Landlord’s Work or with Landlord and its agents and contractors in or any person or entity doing their work in the above building Building, whether for Landlord or with other tenants and occupants another tenant or occupant of the above building. If Building; and if at any time such entry shall in the reasonable judgment of Landlord cause or threaten to cause such disharmony disharmony, interference or interferencedelay, Landlord, in its sole discretion, Landlord shall have the right to withdraw and cancel such license permission upon twenty-four (24) hours 24 hours’ written notice notice.
B. Any such entry prior to Tenant and any further prior entry the Possession Date shall be prohibited. Tenant agrees that any entry into under and any occupation of the Premises shall be deemed subject to be under all of the terms, covenants, conditions terms and provisions of the this Lease, the same as if the Possession Date had occurred, except as that Tenant shall not be obligated to pay any Rent prior to the covenant Possession Date. To the extent not prohibited by law, all entry to pay rentthe Building or the Premises by Tenant, Tenant’s employees or Tenant’s Contractors prior to the Possession Date shall be solely at the risk of Tenant, Tenant’s employees and Tenant’s Contractors, and further agrees that to Landlord, Landlord’s beneficiaries, the extent permitted by Lawmanaging agent of the Building and their respective agents, Landlord partners and its principals, employees and agents shall not be liable in any way for, and Tenant hereby indemnifies, waives and releases them and holds them harmless from any liability for and claims arising from, any injury or death to of any person or personsdamage to or theft, robbery, pilferage, loss or damage to loss of the use of any property of Tenant, or any other person or entity or any of Tenant’s work and or installations made in the Premises, or loss or damage to property placed therein, the same being at Tenant’s sole risk. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its principals, employees and agents from all liabilities, costs, damages, fees and expenses (including reasonable attorneys’ fees and expenses) arising out of or connected with the activities of Tenant or its agents, contractors, workmen, mechanics, suppliers and invitees in or about the Premises or the above building.
B. Building which occurs in connection with such entry; provided however, Landlord, the managing agent of the Building and their respective agents, partners and employees shall be liable for, and Tenant does not indemnify, waive or release them or hold them harmless from liability for and claims arising from, their respective negligence or willful misconduct which occurs in connection with such entry and causes any injury to or death of any person or such damage to, theft, pilferage, loss or loss of the use of any such property. The foregoing indemnification, release and waiver of claims shall be in addition to and shall not limit or be limited by any other indemnifications, releases or waivers of claims in this Lease. In addition, and without limiting any other provisions of this Lease, including this Work Letter, Tenant shall require all persons and entities performing work on behalf of Tenant to provide protection for existing improvements reasonably satisfactory to Landlord, shall allow Landlord and Landlord’s Contractor access to the Premises at all times during the period when Tenant or any person or entity is undertaking work therein and in the event any person or entity performing work on behalf of Tenant, other than the Landlord’s Work, causes any damage to the property of Landlord or others, or to the Landlord’s Work, Tenant shall cause such damage to be repaired at Tenant’s expense, and if Tenant fails to cause such damage to be repaired promptly upon Landlord’s demand therefor, Landlord may, in addition to any other conditions rights or limitations on remedies available to Landlord under this Lease or at law or equity, cause such license damage to enter be repaired, in which event Tenant shall promptly upon Landlord’s demand pay to Landlord the cost of such repair.
C. All persons and entities performing work or supplying materials to Tenant shall use only those service corridors and service entrances designated by Landlord for ingress and egress of personnel, and the delivery and removal of equipment and material through or across any common areas of the Building shall only be permitted with the written approval of Landlord, not to be unreasonably withheld, and during hours reasonably determined by Landlord. Landlord shall have the right to order Tenant or any person or entity who violates the above requirements to cease work and to remove itself, its equipment and its employees from the Building.
D. Tenant, Tenant’s employees and Tenant’s Contractors shall abide by the rules of the site applicable to all contractors and others in or upon the Building or the Premises prior and shall coordinate and schedule their access to the said occupancy date, Tenant expressly agrees that none of its agents, contractors, workmen, mechanics, suppliersPremises for labor and materials delivery through the general contractor for the Building and Landlord’s Contractor, or invitees the managing agent for the Building, if so directed by Landlord.
E. All work to be performed pursuant to this Paragraph 6 shall enter be subject to the Premises prior to such occupancy date unless terms and until each provisions of them shall furnish such assurances to Landlordthe Lease, including but not limited towithout limitation, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to protect Landlord against any loss, casualty, liability, liens or claimsSection 14.
Appears in 1 contract
Samples: Lease Agreement (Integrated Alarm Services Group Inc)