Common use of Early Access Clause in Contracts

Early Access. Notwithstanding anything herein to the contrary, Subtenant shall have the right to access the Sublease Premises fourteen (14) days prior to the Commencement Date (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have satisfied the Insurance Requirement, and (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Sublease Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipment, and if Subtenant shall commence the regular conduct of business operations in the Sublease Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Sublease Premises.

Appears in 1 contract

Sources: Sublease Agreement (Vaxart, Inc.)

Early Access. Notwithstanding the foregoing, provided Subtenant has delivered to Sublandlord the Security Deposit and prepaid rent as required herein, commencing on (the “Early Access Date”) the later of (i) the Effective Date and (ii) the date Prime Landlord delivers its written consent to this Sublease, Subtenant shall have the right, at Subtenant’s own risk and expense, to access the Subleased Premises to install furniture, fixtures, cable/wiring and equipment and to otherwise prepare the Subleased Premises for occupancy, but not to conduct business; provided, however, that in all events, Subtenant’s access to and use of the Subleased Premises prior to the Commencement Date shall nevertheless be subject to all of the terms and conditions of this Sublease (except the payment of Rent), including (1) Subtenant shall have obtained and provided to Sublandlord evidence of the insurance required under this Sublease, and its contractors and vendors shall have obtained such liability, workmen’s compensation and other insurance as is reasonably acceptable to Sublandlord and Prime Landlord and as may be required by any governmental entities; (2) any alterations or modifications shall be performed in accordance with Article 8 of the Prime Lease; (3) during such early access, Subtenant shall not materially interfere with Sublandlord’s occupancy of the Premises; and (4) notwithstanding anything herein to the contrary, from and after the Early Access Date, Subtenant shall have be responsible for janitorial and electricity costs for the right to access the Sublease Subleased Premises fourteen (14) days prior to the Commencement Date (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have satisfied the Insurance Requirement, and (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access. Subtenant’s Early Access shall be on all of in accordance with the terms set forth in this Sublease, except for the obligation to pay Sublease Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipment, and if Subtenant shall commence the regular conduct of business operations in the Sublease Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Sublease Premises.

Appears in 1 contract

Sources: Sublease Agreement (Ventyx Biosciences, Inc.)

Early Access. Notwithstanding anything herein to Provided that the contraryDelivery Conditions are satisfied, Subtenant shall have be permitted to enter the right to access the Sublease Subleased Premises fourteen (14) days prior to the Commencement Date (“Subtenant’s Early Access”); provided that each upon receipt of the following have occurred: (a) Subtenant shall have satisfied the Insurance Requirement, and (b) the Master Landlord shall have consented to Consent following mutual execution of this Sublease and Subtenant’s Early Access. Subtenant’s (the “Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Sublease Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be ”) for the sole purpose of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipment (including data and telephone lines and equipment) therein and otherwise readying the Subleased Premises for Subtenant’s occupancy, and if Subtenant shall commence the regular conduct of business operations provided that Subtenant’s work in the Sublease Subleased Premises then prior to the Commencement Date shall comply with the requirements of Section 9 below. Subtenant’s occupancy of the Subleased Premises before the Commencement Date shall be deemed subject to have automatically occurred notwithstanding any other provision all of the terms, covenants and conditions of this Sublease. , including Subtenant’s Early Access indemnity obligations set forth in Section 12 below, except that Sublandlord agrees that Subtenant’s obligation to pay Base Rent and Additional Rent shall be subject waived. Subtenant shall, however, pay the cost of all utilities and other services provided to Sublandlordthe Subleased Premises prior to the Commencement Date that are required solely by reason of Subtenant’s access and safety controls and shall not interfere with any decommissioning activities in the Sublease Premisesearly occupancy.

Appears in 1 contract

Sources: Sublease Agreement (Amplitude, Inc.)

Early Access. Provided that Master Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall have early access to Subleased Premises up to [***] prior to the Commencement Date but in all events by not later than [***] (the “Early Access Date”) for the sole purpose of installing furniture, fixtures and equipment (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations to the Subleased Premises, at no additional charge to Subtenant. Subtenant’s access shall be subject to all the terms and conditions of this Sublease, except the payment of Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than the Early Access Date or the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything herein in Section 1.2 of this Sublease to the contrary, Subtenant shall have the right be responsible to access the Sublease Premises fourteen (14) days prior repair or replace any damage caused to the Commencement Date (“Subtenant’s Early Access”); provided that each Subleased Premises by Subtenant or any of the following have occurred: (a) Subtenant shall have satisfied Parties during the Insurance Requirement, and (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access. Subtenant’s foregoing Early Access shall be on all period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of the terms set forth in this Sublease, except Credit for the obligation to pay Sublease Rent, which shall commence on the Commencement Date, subject to the other and further provisions purposes of this Sublease. Subtenant’s Early Access shall be for Section 2.2 until Sublandlord delivers the sole purpose Sublandlord Letter of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipment, and if Subtenant shall commence Credit or the regular conduct of business operations in the Sublease Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Sublease Premisessubsequent amendment thereto.

Appears in 1 contract

Sources: Sublease Agreement (Toast, Inc.)

Early Access. Notwithstanding anything herein Sublandlord agrees to cooperate with Subtenant to allow Subtenant access to the contraryInitial Premises from the day following the Consent Date to the Delivery Date and deliver exclusive possession of the Initial Premises, including the Data Room (but excluding the Lab Space), on the Delivery Date, for design and construction purposes and for the purposes of the installation of furniture, fixtures and equipment and preparing the Initial Premises for occupancy (the “Early Access Activities”), provided that Subtenant shall have the right to has first given Sublandlord at least one (1) business day’s prior notice of any such access the Sublease Premises fourteen (14) days for access prior to the Commencement Delivery Date (“Subtenant’s Early Access”); provided that each only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the following have occurred: insurance obligations herein. Such access (a) Subtenant shall have satisfied be solely for the Insurance RequirementEarly Access Activities and not for the purposes of occupancy or possession of the Initial Premises, or of conducting business therein, and (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Sublease Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipment, and if Subtenant shall commence the regular conduct of business operations in the Sublease Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlordand upon all the terms and conditions of this Sublease (including without limitation Section 11 hereof), except that Subtenant shall have no obligation to pay Base Rent or Additional Rent for the period prior to the Initial Premises Commencement Date; provided, however, that if Subtenant’s access and safety controls and shall not interfere with any decommissioning activities pursuit of the Early Access Activities causes an increase of more than ten percent (10%) in the Sublease Premises.cost of utilities (including

Appears in 1 contract

Sources: Sublease (Sutro Biopharma, Inc.)

Early Access. Notwithstanding anything herein If, at Tenant’s request, Landlord permits Tenant to take occupancy of the contrary, Subtenant shall have the right to access the Sublease Premises fourteen (14) days prior to the Commencement Date (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have satisfied the Insurance Requirement, and (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Sublease Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipment, and if Subtenant shall commence the regular conduct of business operations in the Sublease Premises then the Commencement Date shall be deemed the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to have automatically occurred notwithstanding the contrary in this Lease, Tenant may, during the seven (7) day period prior to the Commencement Date, enter the Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for any other provision of such equipment, fixtures, furniture or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s contractors. Such early access to the Premises and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) 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 such early entry, and (ii) comply with all applicable Applicable Requirements applicable to such early entry work in the Premises. Tenant’s early entry into the Premises solely for the purposes of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and grammatical paragraph shall not interfere with any decommissioning activities in constitute “occupancy of the Sublease Premises” for purposes of the immediately preceding grammatical paragraph.

Appears in 1 contract

Sources: Industrial Lease (Aviragen Therapeutics, Inc.)

Early Access. Notwithstanding anything herein to the contrary, Subtenant shall have the right to access the Sublease Premises fourteen (14) days prior to the Commencement Date from and after February 15, 2019 (“Subtenant’s Early Access”); provided that each of the following have occurred: (a) Subtenant shall have satisfied delivered to Sublandlord certificates evidencing that the Insurance Requirementinsurance coverages that Subtenant is obligated to carry pursuant to the Master Lease and this Sublease have been procured and are in full force and effect, and (b) the Master Landlord shall have consented to this Sublease and Subtenant’s Early Access, and (c) Sublandlord shall have received the executed Guaranty. Subtenant’s Early Access shall be on all of the terms set forth in this Sublease, except for the obligation to pay Sublease Base Rent, which shall commence on the Commencement Date, subject to the other and further provisions of this Sublease. Subtenant’s Early Access shall be for the sole purpose of installing Lines (in accordance with Section 8.1(r) below) and Subtenant’s furniture, fixtures and equipmentpreparing the Premises for occupancy, and if Subtenant shall commence the regular conduct of business operations in the Sublease Premises then the Commencement Date shall be deemed to have automatically occurred notwithstanding any other provision of this Sublease. Subtenant’s Early Access shall be subject to Sublandlord’s access and safety controls and shall not interfere with any decommissioning activities in the Sublease Premises.

Appears in 1 contract

Sources: Sublease Agreement (Revolution Medicines, Inc.)