Early Access. So long as Landlord has received from Tenant the first month's Base Rent due pursuant to Article 3 below, the Security Deposit, certificates satisfactory to Landlord evidencing the insurance required to be carried by Tenant under this Lease, and so long as the Tenant and its contractors and employees do not materially interfere with the completion of any work to be completed by Landlord under this Lease, including the Tenant Improvements, Landlord shall give Tenant's designated contractors reasonable access to the Premises approximately thirty (30) days prior to the Lease Commencement Date (the "Early Access Period") only for purposes of installing Tenant's furniture, fixtures, cabling and telecom equipment ("Tenant's Work"). Tenant's Work shall be performed by Tenant at Tenant's sole cost and expense. Tenant's access to the Premises during the Early Access Period shall be subject to all terms and conditions of this Lease; provided, however, Tenant shall not be obligated to pay Base Rent or Tenant's Share of Direct Expenses for the Premises during the Early Access Period until the Lease Commencement Date so long as Tenant does not operate its business from within any portion of the Premises until the Lease Commencement Date. Tenant agrees to provide Landlord with prior notice of any such intended early access and to cooperate with Landlord during the Early Access Period so as not to materially interfere with Landlord in the completion of the Tenant Improvements. Should Landlord determine such early access materially interferes with the Tenant Improvements, at Landlord's option, such delay may be deemed a "Tenant Delay" (as provided in the Tenant Work Letter), and/or Landlord may revoke Tenant's access to the Premises until such access may be given without materially interfering with Landlord in the completion of the Tenant Improvements.
Early Access. Subtenant and Subtenant’s representatives shall have the right to enter each Phase of the Subleased Premises from and after the later to occur of (i) October 1, 2015, in the case of Phase 1, and January 1, 2017, in the case of Phase 2 (or such earlier date as Sublandlord may make either Phase of the Subleased Premises available for entry by Subtenant), and (ii) the Consent Date, so long as and on the condition that prior to such entry Subtenant shall have delivered to Sublandlord (A) the pre-paid Monthly Rent required pursuant to Section 3.3 below, (B) the Security required pursuant to Section 4 below, and (C) evidence of Subtenant’s procurement of all insurance coverage required hereunder (the date upon which Subtenant first has such access to each Phase of the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of installation of Subtenant’s personal property and equipment, furniture, fixtures and voice and data cabling, all subject to the terms, conditions and requirements of the Master Lease. All of the rights and obligations of the parties under this Sublease with respect to each Phase of the Subleased Premises (other than Subtenant’s obligation to pay Monthly Rent with respect to such Phase, but expressly including, without limitation, Subtenant’s obligation to pay utility charges and Tenant’s Allocable Share of Reimbursable Operating Costs. Subtenant’s obligation to carry insurance, and Subtenant’s indemnification obligations) shall commence upon the Early Access Date for such Phase of the Subleased Premises. Subtenant shall reasonably coordinate such entry with Sublandlord, and such entry shall be made in compliance with all terms and conditions of this Sublease, the Master Lease and the rules and regulations attached to the Master Lease.
Early Access. Landlord shall allow Tenant early access to the Premises approximately forty five (45) days prior to LI Substantial Completion, provided that all of the following have occurred: (i) this Lease is fully executed and delivered by Landlord and Tenant; (ii) Tenant has paid to Landlord the first month’s Base Rent pursuant to Section 3.01 and the Security Deposit pursuant to Section 3.02; and (iii) Tenant has delivered to Landlord certificates evidencing all insurance required to be carried by Tenant hereunder and similar insurance coverage for any and all of Tenant’s vendors and/or contractors. Tenant’s early access period will be deemed to begin on the date that Landlord delivers written notice of the commencement of the early access period, subject to the conditions for early access above. Tenant’s failure to meet any of the conditions for early access shall not extend or delay the Commencement Date. The purpose of Tenant’s early access is only for Tenant to install racking and other improvements and for no other purpose. Tenant’s early access to the Premises shall be subject to all of the provisions of this Lease. However, early access of the Premises shall not advance the expiration date of this Lease. Tenant shall notify Landlord promptly upon commencing commercial operation of Tenant’s business at the Premises. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant shall reasonably cooperate in order to ensure that Tenant’s early occupancy does not interfere with the work of Landlord or its contractors and in the event of any interference, Landlord shall have the right to immediately terminate Tenant’s early access rights and time lost due to such interference shall be considered a Tenant Delay. Any materials of Tenant or its contractors, agents or vendors stored in the Premises during such early access period shall be at Tenant’s sole risk and Landlord will have no obligation to secure the Premises prior to the Commencement Date. Tenant shall access the Premises during the period of early access at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other damage to any personal property placed, kept or stored by or on behalf of Tenant or permitted to be placed, kept or stored by Tenant during any period of early access. Tenant may not operate out of the Premises until Landlord or Tenant, as applicable, has obtained a temporary or permanent Certificate of Occupancy permitting Tenant’s use of t...
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. If, at Tenant’s request, Landlord permits Tenant to take occupancy of the Premises prior to the Commencement Date, then the Commencement Date shall be 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 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 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 grammatical paragraph shall not constitute “occupancy of the Premises” for purposes of the immediately preceding grammatical paragraph.
Early Access. It is acknowledged and agreed that a portion of the Phase III Expansion Premises consisting of 17,210 square feet of rentable floor area located on the second (2nd) floor of the Building (the “Early Access Premises Component”) is currently vacant, Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015, Tenant shall have the right to access the Early Access Premises Component prior to the Phase III Expansion Premises Commencement Date for the purpose of marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be upon all of the terms and conditions of the Lease including, without limitation, Tenant’s entitlement to use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access shall be at Tenant’s sole risk, and Landlord shall not be responsible for any injury to persons or damage to property resulting from such early access by Tenant. In the event that Tenant shall enter into a sublease for any portion or all of the Early Access Premises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Date, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space).
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 “X-x” 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. Tenant shall be permitted access (“Early Access”) to at least fifteen percent (15%) of the Premises before July 1, 2017 (“Early Access Date”), as such date may be extended as a result of any Force Majeure Delays or Tenant Delays (provided, that, except for Force Majeure attributable to a regional-wide catastrophic event, the aggregate of all Force Majeure Delays shall not be in excess of thirty (30) days), for the purpose of installation of its furniture, fixtures and equipment, inventory relocation and testing of equipment (“Tenant’s Work”). The Tenant’s Work shall not include the Tenant Improvements. Prior to beginning Tenant’s Work, Tenant shall submit to Landlord: (i) such information as may be reasonably requested by Landlord regarding the nature and location of the Tenant’s Work; and (ii) the names of the separate contractors who will provide and install Tenant’s Work (the “Tenant’s Contractors”). Tenant shall not commence actual construction within the Premises until Tenant and Tenant’s Contractors have submitted to Landlord the insurance required by Landlord. All Tenant’s Work shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used. The Tenant’s Work performed by Tenant’s Contractors shall be allowed only (a) to the extent permitted by the applicable Governmental Authorities, including, but not limited to, the issuance of a temporary certificate of occupancy authorizing Tenant to do so if required by the City, provided that the issuance of such certificate by the Early Access Date shall not be the obligation of Landlord, (b) comply with the reasonable and non-discretionary safety requirements of the General Contractor, (c) comply with all Legal Requirements, and (d) comply with the requirements of Article XII hereof. Tenant shall permit Landlord to observe all construction operations within the Premises. No silence or statement by Landlord or any Landlord representative shall be deemed or construed as an assumption by Landlord or any Landlord representative of any responsibility for or in relation to the construction of the Tenant’s Work or any guarantee that the Tenant’s Work completed within the Premises complies with laws, is suitable or acceptable to Tenant for Tenant’s intended business purposes or complies with the terms of this Lease. Tenant’s use and occupancy of the Land during the Early Access Period shall (1) be done in a manner as to not render Landlord’s or General Contractor’s insur...
Early Access. 9.1 The Lessee must deliver the following items to the Lessor:
Early Access. Subtenant and Subtenant’s representatives shall have the right to enter the Subleased Premises from and after the later to occur of (i) the Consent Date and (ii) the date upon which Subtenant delivers to Sublandlord (A) the pre-paid Base Rent required pursuant to Section 3.1(a) below, (B) the Letter of Credit (as defined below), and (C) evidence of Subtenant’s procurement of all insurance coverage required hereunder (the date upon which Subtenant first has such access to the Subleased Premises being referred to herein as the “Early Access Date”) for the sole purposes of occupancy and installation of the Initial Subtenant Improvements (as defined below), signage, equipment, furniture, fixtures, voice and data cabling, and other personal property, all subject to the terms, conditions and requirements of the Master Lease. All of the rights and obligations of the parties under this Sublease (other than Subtenant’s obligation to pay Base Rent, but expressly including without limitation Subtenant’s obligation to pay excess utility charges, carry insurance, and indemnification obligations) shall commence upon the Early Access Date. Subtenant shall coordinate such entry with Sublandlord, and such entry shall be made in compliance with all terms and conditions of this Sublease, the Master Lease and the rules and regulations attached to the Master Lease.
