Common use of Tenant’s Early Access Clause in Contracts

Tenant’s Early Access. The Initial Tenant Work to be performed by Landlord under this Exhibit C shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7. Tenant shall have the right to access the Premises sixty (60) days prior to the Substantial Completion Date for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Date shall be subject to all of the provisions of the Lease that are applicable to the Premises during the Term, except for the obligation to pay Base Rent, Tenant’s Share of Expenses and Tenant’s Share of Taxes.

Appears in 2 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)

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Tenant’s Early Access. The Initial Provided that Tenant Work and its agents do not interfere with any of the Tenant Improvement work in the Building and the Premises, Tenant may access the Premises at any time prior to be performed by Landlord under this Exhibit C the Lease Commencement Date to install equipment and fixtures (including Tenant’s data and telephone equipment) in the Premises, and to otherwise prepare the Premises for occupancy. All of such access rights are subject to the following limitations: (i) prior to any entry, Tenant shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), comply with all of the insurance provisions in this Lease, including delivering applicable Certificates of Insurance to Landlord which name Landlord as an additional insured; (ii) any early entry shall be at the sole risk of Tenant, including, but not limited to theft, bodily injury, vandalism or other damage; (iii) Tenant shall strictly comply with all requirements of Landlord and Landlord’s contractor concerning Tenant’s responsibility under early entry into the Premises; and (iv) Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Premises and against injury to any persons or property damage caused by Tenant’s actions pursuant to this Paragraph C.7Section. Tenant shall have the right to access the Premises sixty (60) days prior to the Substantial Completion Date for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Date shall be subject to all of the provisions of the Lease that are applicable to the Premises during the Term, except for the no obligation to pay Base RentRent or Direct Expenses during such early occupancy period; provided, Tenant’s Share however, if Tenant commences business operations in any portion of Expenses the Premises before the Lease Commencement Date, then (i) such early occupancy period shall automatically end and Tenant’s Share of Taxes(ii) the Lease Commencement Date shall be advanced to occur on the date Tenant commences such business operations, notwithstanding any other provision in this Lease to the contrary.

Appears in 1 contract

Samples: Office And (Aquantia Corp)

Tenant’s Early Access. The Initial Subject to the terms hereof and provided that Tenant Work to be performed by Landlord under this Exhibit C shall and its agents do not include the purchase, installationunreasonably interfere with, or testing of any officedelay, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7. Tenant shall have the right to access the Premises sixty (60) days prior to the Substantial Completion Date for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such Contractor's work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, at Landlord's reasonable discretion, Contractor shall allow Tenant and its agents, employees and contractors access to the Premises prior to Substantial Completion of the Premises for the purpose of Tenant installing its equipment, furnishings or fixtures (including Tenant's data and telephone equipment) in the Premises. Prior to Tenant's entry into the Premises as permitted by the terms of this Section 4.3, Tenant shall have submit a schedule to Landlord and Contractor, for their approval (not to be unreasonably withheld, conditioned or delayed), which schedule shall detail the right to access the Premises to install timing and purpose of Tenant’s wiring 's entry. In connection with any such entry, Tenant acknowledges and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its agrees that Tenant's employees, agents, contractors, subcontractorsconsultants, material workmen, mechanics, suppliers and laborers invitees shall fully cooperate, work in connection harmony and not, in any manner, unreasonably interfere with Landlord or the Contractor, agents or representatives in performing work in the Premises, or unreasonably interfere with the general operation of the Building and/or the Property. If at any time any such entryperson representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by Landlord, then Landlord may revoke Tenant's entry rights upon twenty-four (24) hours' prior written notice to Tenant. Any Tenant acknowledges and agrees that any such entry into and occupancy of the Premises or any portion thereof by Tenant (or its contractors, subcontractors, any person or other parties acting under Tenant) prior entity working for or on behalf of Tenant shall be deemed to the Substantial Completion Date shall be subject to all of the terms, covenants, conditions and provisions of the Lease that are applicable Lease, excluding only the covenant to pay Rent (until the occurrence of the Substitution Effective Date). Except to the extent arising from the negligence or willful misconduct of Landlord or its agents, employees or contractors, Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's work made in or about the Premises during in connection with such entry or to any property placed therein prior to the TermSubstitution Effective Date, except the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to any portion of the obligation Premises, including the Tenant Improvement Work, caused by Tenant or any of Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's work in connection with such entry requires the use of any Building services, Tenant shall promptly reimburse Landlord for such reasonable costs created by such use upon receipt of a written invoice therefor accompanied by reasonable substantiation of such costs and/or shall pay Landlord for such Building services at Landlord's standard rates then in effect. EXHIBIT B-1 APROVED SPACE PLAN EXHIBIT C NOTICE OF LEASE TERM DATES _____________________, 20__ To: _______________________ _______________________ _______________________ _______________________ Re: ____________ Amendment (the “Amendment”), dated ______________, 20____, to pay Base Renta lease agreement dated _______________, 20____, between ___________________________, a ________________________ (“Landlord”), and ______________________________, a _____________________ (“Tenant’s Share ”), concerning Suite _____ on the _______ floor of Expenses the building located at ___________________, _____________________ California (the “Substitution Space”). Lease ID: _____________________________ Business Unit Number: ___________________ Dear _________________: In accordance with the Amendment, Tenant accepts possession of the Substitution Space and Tenant’s Share confirms that (a) the Substitution Effective Date is _____________, 20___, and (b) the expiration date of Taxesthe Lease is ___________, 20___. Please acknowledge the foregoing by signing all three (3) counterparts of this letter in the space provided below and returning two (2) fully executed counterparts to my attention. Please note that, under Section 1.1.B of the Amendment, Tenant is required to execute and return (or reasonably object in writing to) this letter within fourteen (14) days after receiving it.

Appears in 1 contract

Samples: First Amendment (Catasys, Inc.)

Tenant’s Early Access. The Initial Tenant Work to be performed by Landlord under this Exhibit C shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, furniture, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7. As described above, the Cabling Work shall be included in the Construction Documents and the GMP Contract, and shall be performed by Landlord as part of the Initial Tenant Work. Tenant shall have the right to access the Premises on or before the date that is sixty (60) days prior to the anticipated Substantial Completion Date (without triggering the Term Commencement Date), for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date access shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding Landlord shall keep Tenant reasonably informed as to the foregoing, Landlord expected Substantial Completion Date and shall give Tenant at least thirty not less than sixty (3060) days’ advance prior written notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereofexpected Substantial Completion Date. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises to the extent caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Date shall not trigger the Term Commencement Date and shall be subject to all of the provisions of the Lease that are applicable to the Premises during the Term, except for that no Rent or other costs or expenses shall be payable by Tenant during any period of access prior to the obligation to pay Base Rent, Tenant’s Share of Expenses and Tenant’s Share of TaxesSubstantial Completion Date.

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Tenant’s Early Access. The Initial Notwithstanding anything to the contrary set forth in this Amendment, Tenant Work to be performed by Landlord under this Exhibit C shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under permitted access to the Expansion Space at any time following the execution of this Paragraph C.7. Tenant shall have the right to access the Premises sixty (60) days Amendment and prior to the Substantial Completion Effective Date for the purposes of installing Tenant’s wiring, furniture, equipment, wiring for telephone/data communication systems and for installation of any and all furniture and personal propertyproperty in the Expansion Space, provided such access does not interfere with the performance of Landlord’s Work (as defined herein). Tenant acknowledges and agrees that any such entry prior to into and occupancy of the Substantial Completion Date Expansion Space or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject in each case to (i) Landlord’s approval all of the schedule terms, covenants, conditions and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 provisions of the Lease, excluding only the covenant to pay Base Rent (iii) until the occurrence of the Effective Date). Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work made in or about the Expansion Space in connection with such entry or to any property placed therein prior to the Effective Date, unless caused by or due to Landlord’s receipt from Tenant of copies of all necessary permits for gross negligence or willful misconduct, the applicable work by Tenant, if any, and (iv) customary insurance certificates from same being at Tenant’s contractors, subcontractors, sole risk and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereofliability. Tenant shall be responsible liable to Landlord for any damage to any portion of the Base Building Work or the Initial Tenant Work or the Premises Expansion Space, including Landlord’s Work, caused by Tenant or its any of Tenant’s employees, agents, contractors, subcontractorsconsultants, material workmen, mechanics, suppliers and laborers in connection with such entryinvitees. Any entry into the Premises by In addition, Tenant (shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or its contractors, subcontractors, or other parties acting under Tenant) prior damage to the Substantial Completion Date shall be subject Expansion Space and/or Building and against injury to all of the provisions of the Lease that are applicable any persons caused by Tenant’s actions pursuant to the Premises during the Termthis Paragraph 5, except for the obligation to pay Base Rent, Tenantif arising from Landlord’s Share of Expenses and Tenant’s Share of Taxesgross negligence or willful misconduct.

Appears in 1 contract

Samples: First Amendment of Lease (Celldex Therapeutics, Inc.)

Tenant’s Early Access. The Initial Landlord and Tenant Work to be performed by Landlord under this Exhibit C shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on coordinate the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7. Schedule in order to permit Tenant shall have the right to access the Premises sixty (60) days prior to the Substantial Completion Date of Landlord’s Work, in order to commence the performance of Tenant’s Work, at such time as will not adversely affect the timely completion of the then-remaining elements of Landlord’s Work. In connection with such early access and subject to the provisions of this Section 4.4, Tenant may enter the Premises and use the loading docks and freight elevators of the Building, for the purposes purpose of installing its furniture, fixtures and equipment (including lab equipment) in the Premises. Any such early access shall be at Tenant’s wiring, furniture, equipmentsole risk and expense, and personal propertyLandlord shall have no liabilities or obligations to Tenant in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such early access to the Premises, Tenant shall be bound by and shall comply with all provisions of this Lease, including the provisions of this Lease regarding the performance of alterations, improvements and installations in the Premises, notwithstanding that the Commencement Date may not yet have occurred; provided, however, Tenant shall not be obligated to pay any costs for utilities provided that to Tenant during said early access period. Tenant shall reimburse Landlord for the actual out-of-pocket costs and expenses (without mark-up) incurred by Landlord in connection with the overtime use by Tenant of the elevators and/or loading docks during said early access period. Without limitation, all of such work performed by Tenant in the Premises shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such entry prior to work by Tenant damage the Substantial Completion Date shall be subject Building or the Premises or materially interfere with the timely performance of Landlord’s Work. [***] Certain information in each case to this document has been omitted from this exhibit because it is both (i) Landlord’s approval of the schedule not material and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, would be competitively harmful if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Date shall be subject to all of the provisions of the Lease that are applicable to the Premises during the Term, except for the obligation to pay Base Rent, Tenant’s Share of Expenses and Tenant’s Share of Taxespublicly disclosed.

Appears in 1 contract

Samples: Lease (CRISPR Therapeutics AG)

Tenant’s Early Access. The Initial Tenant Relocation Premises Work to be performed by Landlord under this Exhibit C shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, furniture, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7B.7. Tenant shall have the right to access the Relocation Premises sixty (60) days prior to the Substantial Completion Date pursuant to this Paragraph B.7. Prior to the Substantial Completion Date, any entry by Tenant into the Relocation Premises for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date property shall be subject in each case to (i) Landlord’s reasonable approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Relocation Premises Work), (ii) Landlord’s reasonable approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Existing Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Existing Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Relocation Premises Work or the Initial Tenant Work or the Relocation Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Relocation Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Date shall be subject to all of the provisions of the Lease that are applicable to the Relocation Premises during the Term, ; except for the obligation to pay Base Rent, Tenant’s Share of Rent and Additional Rent for Expenses and Tenant’s Share of Taxes.

Appears in 1 contract

Samples: Lease (resTORbio, Inc.)

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Tenant’s Early Access. The Initial Tenant Work to be performed by Landlord under this Exhibit C Article 5 shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, furniture, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7Section 5.8. Tenant shall have the right to access the Premises sixty (60) days prior Prior to the Substantial Completion Date Date, any entry by Tenant into the Premises for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date property shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Date shall be subject to all of the provisions of the Lease that are applicable to the Premises during the Term, except for the obligation to pay Base Rent, Tenant’s Share of Expenses and Tenant’s Share of Taxes.

Appears in 1 contract

Samples: Lease (Deciphera Pharmaceuticals, Inc.)

Tenant’s Early Access. The Initial Tenant Work to be performed by Landlord under this Exhibit C shall not include the purchase, installation, or testing of any office, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7. Tenant shall have the right to access the Premises sixty (60) days prior Prior to the Substantial Completion Date Date, any entry by Tenant into the Premises for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date property shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Date shall be subject to all of the provisions of the Lease that are applicable to the Premises during the Term, except for the obligation to pay Base Rent, Tenant’s Share of Expenses and Tenant’s Share of Taxes.

Appears in 1 contract

Samples: Lease Agreement (Ikena Oncology, Inc.)

Tenant’s Early Access. The Initial Tenant Work Subject to all applicable legal requirements and Section 2.11 of this Lease, commencing on the Delivery Date (which is estimated to be performed by Landlord under May 1, 2014), Tenant may enter into the Premises prior to the Commencement Date (but following the date of mutual execution and delivery of this Exhibit C shall not include Lease) (“Early Access”) for the purchasepurpose of constructing the Tenant Improvements, installation, or testing of any office, conference room, break out rooms, reception installing Tenant’s cabling and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor and commencing business therein (even if to the same may be generally depicted for illustration or space planning purposes on the Construction Documentsextent legally permitted), all of which shall be and conducting Tenant’s responsibility business. Such early entry in and of itself will not advance the Commencement Date. All of the provisions of this Lease shall apply to Tenant during any early entry, including, without limitation, the indemnities set forth in this Lease and Tenant’s obligation to not interfere with the performance of Landlord’s obligations under this Paragraph C.7Section 1 of the Tenant Work Letter, but excluding only the obligation to pay Base Rent and Operating Costs until the Commencement Date has occurred. During any such early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns, licensees or invitees, except to the extent such loss is caused by, related to or arising of the negligence or willful misconduct of Landlord or any of Landlord’s Agents. Landlord shall have the right to access the Premises sixty (60) days prior post appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the Substantial Completion Date for the purposes provisions of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the this Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of if the date that Landlord anticipates closing the walls of the PremisesDelivery Date does not occur by June 15, and Tenant shall have the right to access the Premises to install Tenant’s wiring and cabling prior to such wall closure2014, subject to the terms and conditions hereof. then Tenant shall be responsible entitled to a credit equal to one (1) day’s Base Rent for any damage to each day after such date until such time as the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its employees, agents, contractors, subcontractors, material suppliers and laborers in connection with such entry. Any entry into the Premises by Tenant (or its contractors, subcontractors, or other parties acting under Tenant) prior to the Substantial Completion Delivery Date shall be subject to all of the provisions of the Lease that are applicable to the Premises during the Term, except for the obligation to pay Base Rent, Tenant’s Share of Expenses and Tenant’s Share of Taxesoccurs.

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

Tenant’s Early Access. The Initial Subject to the terms hereof and provided that Tenant Work to be performed by Landlord under this Exhibit C shall and its agents do not include the purchase, installationunreasonably interfere with, or testing of any officedelay, conference room, break out rooms, reception and kitchen furniture or any other furniture, personal property, computers or telecommunications equipment, cabling, security or any other specialized business fixtures and equipment or wiring therefor (even if the same may be generally depicted for illustration or space planning purposes on the Construction Documents), all of which shall be Tenant’s responsibility under this Paragraph C.7. Tenant shall have the right to access the Premises sixty (60) days prior to the Substantial Completion Date for the purposes of installing Tenant’s wiring, furniture, equipment, and personal property, provided that any such entry prior to the Substantial Completion Date shall be subject in each case to (i) Landlord’s approval of the schedule and scope of such work (which shall not delay the performance by Landlord of the Base Building Work or the Initial Tenant Work), (ii) Landlord’s approval of Tenant’s contractors or vendors for such Contractor's work in accordance with Section 8 of the Lease, (iii) Landlord’s receipt from Tenant of copies of all necessary permits for the applicable work by Tenant, if any, and (iv) customary insurance certificates from Tenant’s contractors, subcontractors, and other parties acting under Tenant with respect to the applicable work in accordance with Section 8 of the Lease. Notwithstanding the foregoing, Landlord shall give Tenant at least thirty (30) days’ advance notice of the date that Landlord anticipates closing the walls of the Premises, at Landlord's reasonable discretion, Contractor shall allow Tenant and its agents, employees and contractors access to the Premises prior to Substantial Completion of the Premises for the purpose of Tenant installing its equipment, furnishings or fixtures (including Tenant's data and telephone equipment) in the Premises. Prior to Tenant's entry into the Premises as permitted by the terms of this Section 4.3, Tenant shall have submit a schedule to Landlord and Contractor, for their approval (not to be unreasonably withheld, conditioned or delayed), which schedule shall detail the right to access the Premises to install timing and purpose of Tenant’s wiring 's entry. In connection with any such entry, Tenant acknowledges and cabling prior to such wall closure, subject to the terms and conditions hereof. Tenant shall be responsible for any damage to the Base Building Work or the Initial Tenant Work or the Premises caused by Tenant or its agrees that Tenant's employees, agents, contractors, subcontractorsconsultants, material workmen, mechanics, suppliers and laborers invitees shall fully cooperate, work in connection harmony and not, in any manner, unreasonably interfere with Landlord or the Contractor, agents or representatives in performing work in the Premises, or unreasonably interfere with the general operation of the Building and/or the Property. If at any time any such entryperson representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by Landlord, then Landlord may revoke Tenant's entry rights upon twenty-four (24) hours' prior written notice to Tenant. Any Tenant acknowledges and agrees that any such entry into and occupancy of the Premises or any portion thereof by Tenant (or its contractors, subcontractors, any person or other parties acting under Tenant) prior entity working for or on behalf of Tenant shall be deemed to the Substantial Completion Date shall be subject to all of the terms, covenants, conditions and provisions of the Lease that are applicable Lease, excluding only the covenant to pay Rent (until the occurrence of the Commencement Date). Except to the extent arising from the negligence or willful misconduct of Landlord or its agents, employees or contractors, Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant's work made in or about the Premises during in connection with such entry or to any property placed therein prior to the TermCommencement Date, except the same being at Tenant's sole risk and liability. Tenant shall be liable to Landlord for any damage to any portion of the obligation to Premises, including the Tenant Improvement Work, caused by Tenant or any of Tenant's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. In the event that the performance of Tenant's work in connection with such entry requires the use of any Building services, Tenant shall promptly reimburse Landlord for such reasonable costs created by such use upon receipt of a written invoice therefor accompanied by reasonable substantiation of such costs and/or shall pay Base Rent, Tenant’s Share of Expenses and Tenant’s Share of TaxesLandlord for such Building services at Landlord's standard rates then in effect.

Appears in 1 contract

Samples: Office Lease (Catasys, Inc.)

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