Common use of Tenant’s Access Clause in Contracts

Tenant’s Access. Landlord grants to Tenant and Tenant's agents a license to enter the Premises prior to the date that the Work is substantially completed so that Tenant may perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days' prior written notice of its intention to enter the Premises and that such access will not interfere with the performance of the Work. Such early access shall be subject to scheduling by Landlord. Tenant's agent's, contractors, workmen, mechanics, and suppliers shall work in harmony and not interfere with Landlord and Landlord's agents in the performance of the Work in the Premises, Landlord's work in other premises and in the Common Areas, or the general operation of the Building or the Property. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into the Demised Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions, and provisions of the Lease, excluding only the covenant to pay Rent and specifically including the provisions of Articles l5 and 22 of the Lease. Landlord shall not be liable for any injury, loss, or damage which may occur to any of Tenant's work or installations made in the Demised Premises or to property placed therein prior to the Commencement Date and Tenant shall bear the risk of all such injury, loss or damage. Tenant shall pay for any damage to the Demised Premises or Building, or to any portion of the Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen, or suppliers. In the event the performance of any work by Tenant, its agents, employees, or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costs.

Appears in 1 contract

Samples: Lease Agreement (Digital Fusion Inc/Nj/)

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Tenant’s Access. Landlord grants to Tenant and Tenant's ’s agents a license or independent contractors shall be permitted to enter the Premises prior no earlier than the applicable milestone date provided in the Schedule (as revised from time to the date that the Work is substantially completed so time), in order that Tenant may perform other work required by install Tenant’s furniture, fixtures and equipment (the “Tenant Work”); provided, however, that Tenant and its representatives shall at all times have reasonable access to make the project for purposes of monitoring the progress of construction. If Tenant desires early entry to the Premises ready for Tenant's initial use and occupancy. It to perform the Tenant Work, Tenant shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five one (51) days' business day prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of its intention the work to enter be performed and the Premises names and that addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (b) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (c) copies of all plans and specifications pertaining to the work for which such access will not interfere is being requested; (d) copies of all licenses and permits required in connection with the performance of the Workwork for which such access is being requested; and (e) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form reasonably acceptable to Landlord. Such early access entry in accordance with the Schedule shall be subject to scheduling by Landlord. the condition that (i) Tenant and Tenant's agent's’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics, mechanics and suppliers shall work in harmony and not unreasonably interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, Landlord's work in other premises full force and in effect, the Common Areasinsurance policy or policies required under the Lease, or and shall cause the general operation of General Contractor to be designated as an Additional Insured with respect to the Building or the PropertyImprovements. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or unreasonable interference, including labor disharmonyLandlord, Landlord may in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Any Tenant agrees that any such entry into and occupancy of the Demised Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent Rent. Tenant Certain identified information marked with [***] has been excluded from this exhibit because it is not material and specifically including the provisions of Articles l5 and 22 is of the Leasetype that the registrant treats as private and confidential. further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's ’s work or and installations made in the Demised Premises (including, without limitation, any Tenant Work) or loss or damage to property placed therein prior to the Commencement Date and Tenant shall bear Date, the risk of all same being at Tenant’s sole risk, unless such injury, loss occurrence is due to Landlord’s negligence or damagewillful misconduct. Tenant shall hereby indemnifies, defends and holds harmless Landlord and any Landlord Indemnified Parties from and against all losses, liabilities, costs and expenses, including, but not limited to, reasonable attorney’s fees, which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay for any damage or incur, by reason of the Tenant’s early access to the Demised Premises pursuant to this Section 8 or Buildingdue to the Tenant Work, unless resulting from the negligence or to any portion willful misconduct of the Work caused by Tenant Landlord or any of Tenant's employees, agents, contractors, workmen, or suppliers. In the event the performance of any work by Tenant, its agents, employees, or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsParty.

Appears in 1 contract

Samples: Lease Agreement (Thorne Healthtech, Inc.)

Tenant’s Access. Landlord grants to Landlord, in its sole discretion, may permit Tenant and TenantXxxxxx's agents a license or independent contractors to enter the Premises prior to the date that Commencement Date for the Work is substantially completed so that purpose of constructing the Tenant may perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days' prior written notice of its intention to enter the Premises and that such access will not interfere with the performance of the WorkImprovements. Such early access entry shall be subject to scheduling by Landlord. the conditions that (i) Tenant and Tenant's agent'sagents, contractors, workmen, mechanics, suppliers and suppliers invitees shall work in harmony and not interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in doing its work in, to, or on the Premises, Landlord; (ii) Tenant and/or Tenant's work General Contractor shall maintain in other premises full force and in effect the Common Areas, insurance policy or policies required under the general operation of Lease; and shall cause the Landlord to be designated an additional insured with respect to the Building or Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with the PropertyTenant's early access to the Premises. If at Tenant agrees that any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into and access to the Demised Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent Rent. Tenant further agrees that to the extent permitted by law, Landlord and specifically including the provisions of Articles l5 and 22 of the Lease. Landlord its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's work or and installations made in the Demised Premises or loss or damage to property placed therein prior to the Commencement Date and Tenant shall bear Date, the risk of all same being at Tenant's sole risk, unless such injury, loss occurrence is due to Landlord's or damageLandlord's agents' gross negligence or willful misconduct. Tenant shall agrees to indemnify, defend and hold harmless Landlord from and against all actions, claims, demands, costs, damages (including, without limitation incidental damages and consequential damages), penalties or expenses of any kind (including, without limitation, reasonable attorneys' fees), which may be brought or made against Landlord, or which Landlord may pay for any damage or incur, by reason of the Tenant's early access to the Demised Premises pursuant to this section or Building, or due to any portion of the Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen, or suppliers. In the event the performance of any work by Tenant, its agents, employees, or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsImprovements.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

Tenant’s Access. From and after the Commencement Date, Landlord grants shall provide access to the Premises to Tenant and its contractors, agents and employees for purposes of performing Tenant Work. For purposes of this Lease, the term “Schedule” shall mean a detailed description of the timing and coordination of Landlord’s construction of the Improvements and Tenant's agents ’s performance of the Tenant Work. Landlord and Tenant shall reasonably cooperate in creating a license procedure for such consultation and cooperation in reviewing and revising the Schedule. Prior to enter the Premises prior commencing any Tenant Work, Tenant shall provide Landlord with: (i) copies of all plans and specifications pertaining to the date that the Tenant Work is substantially completed so that Tenant may perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days' prior written notice of its intention to enter the Premises and that which such access will not interfere is being requested; (ii) copies of all licenses and permits required in connection with the performance of the Workwork for which such access is being requested; and (iii) certificates of insurance naming Landlord as additional insured/loss payee as applicable. Such early The access to the Premises provided to Tenant pursuant to this Section 3.2 shall be subject to scheduling by Landlord. the conditions that all of Tenant and Tenant's agent's’s agents, contractors, workmen, mechanics, suppliers, and suppliers invitees shall work in harmony and not interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in the Premisesdoing its work in, Landlord's work in other premises and in the Common Areasto, or on the general operation of the Building or the PropertyImprovements. If at any time such entry or occupancy shall cause or threaten to cause create an imminent likelihood of such disharmony or interference, including labor disharmonyLandlord, Landlord may withdraw in Landlord’s reasonable discretion, shall have the right to suspend such license access upon twenty-four (24) hours’ written notice to Tenant until such time as Tenant, at Tenant’s sole cost, has remedied such disharmony or interference. Any Tenant agrees that any such entry into and occupancy of the Demised applicable Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent and specifically including the provisions of Articles l5 and 22 of the Lease. Landlord shall not be liable for any injury, loss, or damage which may occur to any of Tenant's work or installations made in the Demised Premises or to property placed therein prior to the Commencement Date and Tenant shall bear the risk of all such injury, loss or damage. Tenant shall pay for any damage to the Demised Premises or Building, or to any portion of the Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen, or suppliers. In the event the performance of any work by Tenant, its agents, employees, or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsRent.

Appears in 1 contract

Samples: Agreement of Lease (Sonicwall Inc)

Tenant’s Access. Landlord grants to Landlord, in its sole discretion, may permit Tenant and Tenant's agents a license or independent contractors to enter the Premises prior to the date that Commencement Date for the Work is substantially completed so that purpose of constructing the Tenant may perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days' prior written notice of its intention to enter the Premises and that such access will not interfere with the performance of the WorkImprovements. Such early access entry shall be subject to scheduling by Landlord. the conditions that (i) Tenant and Tenant's agent'sagents, contractors, workmen, mechanics, suppliers and suppliers invitees shall work in harmony and not interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in doing its work in, to, or on the Premises, Landlord; (ii) Tenant and/or Tenant's work General Contractor shall maintain in other premises full force and in effect the Common Areas, insurance policy or policies required under the general operation of Lease; and shall cause the Landlord to be designated an additional insured with respect to the Building or Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with the PropertyTenant's early access to the Premises. If at Tenant agrees that any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into and access to the Demised Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent Rent. Tenant further agrees that to the extent permitted by law, Landlord and specifically including the provisions of Articles l5 and 22 of the Lease. Landlord its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's work or and installations made in the Demised Premises or loss or damage to property placed therein prior to the Commencement Date and Tenant shall bear Date, the risk of all same being at Tenant's sole risk, unless such injury, loss occurrence is due to Landlord's or damageLandlord's agents' gross negligence or willful misconduct. Tenant shall agrees to indemnify, defend and hold harmless Landlord from and against all actions, claims, demands, costs, damages (including, without limitation incidental damages and consequential damages), penalties or expenses of any kind (including, without limitation, reasonable attorneys' fees), which may be brought or made against Landlord, or which Landlord may pay for any damage or incur, by reason of the Tenant's early access to the Demised Premises pursuant to this section or Building, or due to any portion of the Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen, or suppliers. In the event the performance of any work by Tenant, its agents, employees, or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsImprovements.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

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Tenant’s Access. Landlord grants In addition to Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and Tenant's ’s agents a license or independent contractors to enter the Premises prior to the date that the Work is substantially completed so Target Substantial Completion Dates, in order that Tenant may perform other work required by do the Tenant to make the Premises ready for Tenant's initial use and occupancyImprovements which are specified in Exhibit B-2 hereto. It Tenant shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days' prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of its intention the work to enter the Premises be performed by those persons and that entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will not interfere be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the Workwork for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. Such early access All of the foregoing shall be subject to scheduling by Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant's agent's’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics, mechanics and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, Landlord's work in other premises full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Common Areas, or the general operation of the Building or the PropertyPremises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, including labor disharmonyLandlord, Landlord may in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Any Tenant agrees that any such entry into and occupancy of the Demised Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent Rent. Tenant further agrees that to the extent permitted by law, Landlord and specifically including the provisions of Articles l5 and 22 of the Lease. Landlord its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's ’s work or and installations made in the Demised Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Commencement Date Target Substantial Completion Date, the same being at Tenant’s sole risk, unless such occurrence is due to Landlord’s, General Contractor’s or Agent’s negligence or willful misconduct. Tenant hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or due to Tenant Improvements. Notwithstanding any of the foregoing to the contrary, it is acknowledged and agreed that Tenant shall bear have the risk right to enter the Premises on the Target Substantial Completion Date for commencement of all such injuryTenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, loss or damage. provided that (i) Tenant shall pay for any damage to the Demised Premises or Building, or to any portion of the Work caused by Tenant or any of and Tenant's employees, agents, contractors, workmen, or suppliers. In the event the performance of any work by Tenant, its ’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or contractors results in Landlord incurring costs on the Premises; and (including without limitation costs for the use or movement of labor or materialii) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsmaintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.

Appears in 1 contract

Samples: Office Facility Lease (I Trax Inc)

Tenant’s Access. In the event that Landlord grants acquires the Premises from Seller prior to the Commencement Date, Landlord shall permit Tenant and Tenant's agents a license or independent contractors to enter the Premises for the limited purpose of allowing Tenant to perform the build-out activities approved in advance by Landlord, which approval shall not be unreasonably withheld or delayed (the "Tenant's Improvement Work"). Such entry prior to the date that the Work is substantially completed so that Tenant may perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days' prior written notice of its intention to enter the Premises and that such access will not interfere with the performance of the Work. Such early access Commencement Date shall be subject to scheduling by Landlord. the condition that (i) Tenant and Tenant's agent'sagents, contractors, workmen, mechanics, suppliers, and suppliers invitees shall work in harmony cooperate with and not interfere with Landlord and Landlord's its agents and contractors in the performance of completing the Work Items; (ii) Tenant shall maintain, in full force and effect, the insurance policy or polices required under the Lease; (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant's access to the Premises; and (iv) Tenant shall receive written permission from the City of Skokie, Landlordif necessary under applicable law, authorizing the conduct of Tenant's work in other premises and in the Common Areas, or the general operation of the Building or the PropertyImprovement Work ("City Approval"). If at Tenant agrees that any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into the Demised Premises by Tenant prior to the Commencement Date for the limited purposes of the Tenant's Improvement Work shall be deemed to be under all of the terms, covenants, conditions, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent and specifically including the provisions of Articles l5 and 22 Tenant shall be required to pay only that portion of the Leaseutilities consumed at the Premises as is required by item (iii) of the preceding sentence. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's work Property or installations made in the Demised Premises or loss or damage to property placed therein prior to the Commencement Date Date, the same being at Tenant's sole risk, except that Landlord (and not its principals) may be liable to Tenant but only to the extent of its gross negligence or willful misconduct. Prior to commencing Tenant's Improvement Work, Tenant shall bear (i) notify Landlord of the risk names and addresses of all such injurycontractors for whom and which access is being provided and the approximate number of individuals, loss or damage. Tenant shall pay for any damage itemized by trade, who will be present in the Premises; (ii) provide Landlord with copies of all contracts pertaining to the Demised Premises or Building, or to any portion of the Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen, or suppliers. In the event the performance of any the work by Tenant, its agents, employees, or contractors results for which such early access is being required; (iii) provide Landlord with copies of all plans and specifications pertaining to the work for which such access is being requested; (iv) provided Landlord with copies of all licenses and permits required in Landlord incurring costs (including without limitation costs for connection with the use or movement of labor or material) in excess performance of the customary costs incurred by work for which such access is being requested, including, but not limited to, the City Approval; and (v) provide Landlord therefor under normal operation with certificates of insurance naming Landlord as additional insured and Tenant "move-in" procedures established for instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's Improvement Work. All of the Property foregoing shall be subject to Landlord's approval, which approval shall no be unreasonably withheld or delayed. Such access shall be subject to scheduling by Landlord, Tenant but Landlord shall reimburse Landlord make reasonable efforts to comply with Tenant's schedule for such excess costsTenant's Improvement Work.

Appears in 1 contract

Samples: Sabratek Corp

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