Early Access Clause Samples
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Early Access. Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord shall provide Tenant with early access to the Premises on the latest to occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and installation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and 11 of this Lease shall apply in full during the Early Access Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condit...
Early Access. Subject to the terms and conditions set forth in this Section 2.5, commencing promptly after Landlord commences construction of the Tenant Improvements, Tenant shall have access to the Premises solely for the purposes of installing wiring and cabling in connection with the installation of Tenant’s telecommunications system(s), computer network and/or any specialized security systems or other similar systems and facilities installed within the Premises, provided that such access is coordinated and scheduled in advance with Landlord. Commencing twenty (20) days prior to Substantial Completion, Tenant shall have access to the Premises solely for the purposes of installing Tenant’s furniture, fixtures and equipment. In connection with the access granted in this Section 2.5, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Tenant Improvements, and (ii) to comply, and cause its contractors to comply, promptly with all reasonable procedures and regulations prescribed by Landlord from time-to-time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other, and with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all the applicable provisions of this Lease, except that (a) there shall be no obligation on the part of Tenant solely because of such access to pay Minimum Rent or any Additional Rent on account of Operating Expenses or Taxes or electricity for any period prior to the Commencement Date, and (b) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above following notice and a two (2) business day cure period, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access to the Premises until the Commencement Date.
Early Access. Red Hat may make certain pre-release versions (e.g. beta versions) of Red Hat Products available to all participants under this Program to allow Partner to prepare to integrate and support such versions if and when they become generally available to Red Hat’s customers. Additionally, Red Hat may, at its sole discretion, work with one or more partners regarding certain Red Hat Products and/or technology components on possible technology directions, areas of integration and/or potential product features. Such collaboration may result in on-line seminars, public promotions, references, launch activities and/or other marketing activities as listed in the Program Guide.
Early Access. Prior to the date the Landlord Work is Substantially Complete, Tenant’s access to the Premises shall be permitted only with the prior written consent of Landlord. Early access to the Premises shall be subject to the terms and conditions of this Lease and Tenant shall pay Rent (defined in Section 4.A) to Landlord for each day of such early access. However, if such early access to the Premises is permitted by Landlord for the sole purpose of performing improvements or installing furniture, equipment or other personal property, Tenant shall not be required to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant (e.g., freight elevator usage). In connection with the foregoing, Landlord agrees that Tenant may enter the Premises no more than 15 days prior to the anticipated Commencement Date for the sole purpose of installing furniture, fixtures and equipment (the “Early Entry”) provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and further provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, Landlord may terminate Tenant’s right to Early Entry, and any delay in the Landlord Work attributable to such Early Entry will be deemed a Tenant Delay as provided in this Lease.
Early Access. Lessor shall, subject to the following terms and conditions, permit Lessee, and Lessee's agents, to enter the Premises during the seventy-five (75) day period prior to the Estimated Commencement Date:
(a) Lessee shall give Lessor reasonable prior written notice of such access to the Premises, which notice must contain or be accompanied by: (i) a description and schedule for the work to be performed in the Premises; (ii) the names and addresses of all contractors performing such work; (iii) copies of all contracts pertaining to the performance of such work; (iv) copies of all licenses and permits required in connection with the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claims, costs, expenses, damages, suits, Initials: _______ Initials: _______ 51 fines, penalties, actions, causes of action, and liabilities which may arise in connection with such work. Each of the foregoing shall be subject to Lessor's approval, which approval shall not be arbitrarily withheld. Notwithstanding the foregoing, Lessor agrees not to unreasonably withhold its consent with respect to Items (i) through (v) of this Paragraph 52(a) related to the installation by SDI Industries of Lessee's material handling system in the distribution center portion of the Premises.
(b) Such early access is subject to reasonable scheduling by Lessor.
(c) Lessee's agents, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas of the Building, and in the general operation of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee.
(d) In the event that Lessor's work in the Premises and Lessee's work in the Premises (pursuant to the permission granted herein) progress simultaneously, Lessor shall not be liable for injury to any person or for damage to any property of Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or materials furnished or obligatio...
Early Access. Landlord will give Tenant access to the Premises by (the “Early Access Date”) for construction of the alterations listed on Schedule (the “Pre-Approved Alterations”) and for planning, measurement, construction of improvements and installation of furniture, fixtures, inventory and equipment, shipping and receiving, and any activities included within the Permitted Use (“Tenant’s Early Occupancy”). Landlord and ▇▇▇▇▇▇ will reasonably cooperate in coordinating completion of ▇▇▇▇▇▇▇▇’s Work and any work done by Tenant during ▇▇▇▇▇▇’s Early Occupancy. Beginning on the Early Access Date, Landlord will provide reasonable, temporary restroom facilities for Tenant’s agents, contractors, and employees. Until Substantial Completion, Tenant shall abide by all safety precautions and programs as may be reasonably promulgated by Landlord to ensure the safe completion of Landlord’s Work and any Pre-Approved Alterations, and compliance with applicable health and safety regulations. In the event that Landlord does not give Tenant access to the Premises on or before the Early Access Date (which period may be extended as a result of Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), Tenant shall be entitled to a credit in the amount of one (1) day of Base Rent for each day after the Early Access Date until Landlord gives Tenant access to the Premises, to be applied against the Base Rent otherwise due and payable after the Commencement Date until said credits are fully realized by Tenant. In addition, if Landlord has not given Tenant access to the Premises on or before the date that is [ ] days after the Early Access Date (which period may be extended as a result of a Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), Tenant may terminate this Lease by written notice to Landlord.
Early Access. After Landlord determines that the Landlord’s TI Work has sufficiently progressed to the point where permitting Tenant to enter the Premises will not adversely affect the timely completion of the remaining elements of the Base Building Work and/or the Landlord’s TI Work, then approximately four (4) weeks prior to the Commencement Date Landlord shall permit Tenant to enter the Premises for the limited purpose of preparing the Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s sole risk and expense, and Landlord 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 entry, Tenant shall be bound by and shall comply with all provisions of this Lease (excepting only the obligations to pay Base Rent, Tenant’s Pro Rata Share of Expenses, Tenant’s Pro Rata Share of Taxes or the Amenity Fee), 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. 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 work by Tenant damage the Building or the Premises or interfere with the timely performance of the Base Building Work and/or the Landlord’s TI Work.
Early Access. If and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter (i) the warehouse portion of the Leased Premises for sixty (60) days prior to the scheduled date for Substantial Completion of such space in order to install fixtures (such as racking) and otherwise prepare the warehouse portion of the Leased Premises for occupancy (which right shall expressly exclude making any structural modifications) per Exhibit “▇-▇” attached hereto and (ii) the Office Space for thirty (30) days prior to the scheduled date for Substantial Completion of such space in order to install fixtures and furnishings and otherwise prepare the Office Space for occupancy. During any entry prior to the Commencement Date (i) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay any rent, (ii) Tenant shall not unreasonably interfere with Landlord’s completion of the Work, (iii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s jobsite rules of conduct attached hereto as Exhibit “H”, and (iv) Tenant shall not begin operation of its business. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections (e.g., racking permits and fire inspections) relating to any such entry by Tenant.
Early Access. When, in Landlord’s reasonable judgment, ▇▇▇▇▇▇▇▇’s Work with respect to the portion of the Premises not currently occupied by ▇▇▇▇▇▇ has proceeded to a point where Tenant may install wires, cables, furniture, fixtures and equipment (“Tenant’s Work”) therein without interfering with the performance of the Landlord’s Work, Landlord shall so notify Tenant and, from and after such date of notification, Tenant and its contractors shall have access to the such area solely for the purposes of performing the Tenant’s Work. In connection with such access, ▇▇▇▇▇▇ agrees (a) to cease promptly upon notice from Landlord any Tenant’s Work which has not been approved by Landlord or is not in compliance with the provisions of the Lease or which shall interfere with or delay the performance of Landlord’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Landlord’s Work the Tenant’s Work. Such access by Tenant shall be subject to all of the applicable provisions of the Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any rent, and (y) Tenant shall not be deemed thereby to have taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s right of access. Landlord shall assume no responsibility for the quality or completion of the Tenant Work under this Section, and shall not be responsible for equipment or supplies of Tenant or Tenant’s contractors.
Early Access. 9.1 The Lessee must deliver the following items to the Lessor:
a) certificate of currency for a public liability insurance policy (that is reasonably acceptable to the Lessor and notes the Lessor’s interests as an interested party) for not less than $5,000,000.00 with respect of each occurrence against legal liability for loss or destruction of property arising out of or in connection with the carrying out of the Lessee Fit Out Works;
b) certificate of currency for a contract works policy (in a sum sufficient to cover the full reinstatement cost, including demolition, removal of debris and consultant’s fees) in respect of the Lessee Fit Out Works, including design costs and good and materials on site; and
c) a copy of the building consent for the Lessee Fit Out Works (if applicable).
9.2 Upon execution of this Agreement, the Lessor will allow the Lessee and the Lessee’s contractors to have access to the Premises in order to prepare the plans and documents necessary to obtain approval from the Relevant Authority and the Lessor for the Lessee Fit Out Works.
9.3 On and from the Access Date, the Lessor will allow the Lessee and the Lessee’s contractors to have access to the Premises during the Fit Out Period to carry out and complete the Lessee Fit Out Works, subject to the terms of this Agreement and in particular to the Lessee having first complied with clause 9.1.
9.4 The Lessee will occupy the Premises during the Fit Out Period as a licensee, and must comply with the Lessor’s reasonable directions.
9.5 The Lessor must use reasonable endeavours to ensure that the adequate services in the nature of utilities are made available to the Lessee to enable the Lessee to carry out and complete the Lessee Fit Out Works.
9.6 The Lessee must pay all the costs for the provision of such services to the Premises within 7 days of demand for payment being made by the Lessor.