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Early Access
Early Access contract clause examples

Early Access. Subject to the provisions below, from and after the Effective Date, Tenant shall have the right to enter the Expansion Premises in order to generally prepare the Expansion Premises for occupancy including the storage of product, but not to conduct normal business operations (“Early Access”). Other than in connection with Landlord’s Work, the Repair Work or any emergency relating to the Expansion Premises, Landlord shall not grant access to the Expansion Premises to any party between the Effective Date and the First Expansion Date and the Second Expansion Date, as applicable. Tenant’s right to Early Access to the Expansion Premises is subject to, and conditioned upon, the following:

Early Access. Provided and on the express condition that Tenant uses John Moriarty & Associates as the general contractor to perform the Tenant Work, Landlord will permit Tenant and Tenant’s contractors to access the Premises from and after September 15, 2017 in order to commence the performance of the Tenant Work so long as, in Landlord’s reasonable determination, such access and work can be performed without interference with or delay in the timely performance of any remaining Landlord’s Work. If Tenant does not use John Moriarty & Associates as the general contractor for the Tenant Work, Tenant will have no right to access the Premises for the performance of the Tenant Work until the Substantial Completion Date, provided, however, upon the request of Tenant, Landlord shall grant Tenant reasonable access to the Premises following completion of Landlord’s demolition work to the Premises to allow Tenant to perform Customary Pre-Construction Activities (as hereinafter defined), provided such access, in Landlord’s reasonable discretion, is coordinated with and will not interfere with the timely performance of Landlord’s Work. Any early access by Tenant prior to the substantial completion of the Landlord’s Work shall be subject to reasonable rules and regulations as may be established by Landlord from time to time, including, without limitation, hours of access and that the performance of Landlord’s Work shall have priority over any activities that Tenant is conducting or shall propose to conduct during the period prior to the Substantial Completion of Landlord’s Work. Any interference by Tenant, its employees, agents, invitees or contractors that causes an actual delay in the performance of the Landlord’s Work as a result of Tenant’s early access to the Premises shall constitute a Tenant Delay under this Lease. “Customary Pre-Construction Activities” shall mean such architectural and engineering activities that are generally performed in preparation for the construction of first class office space in the financial district of Boston, Massachusetts and which do not involve the performance of work which physically alters in any way any portion of the Premises or the Building and which do not affect or interfere with the operation of any Building systems. Examples of Customary Pre-Construction Activities are the taking or preparation of measurements, surveys, elevations, sketches and layouts. Any such access to the Premises by Tenant and Tenant’s employees, agents, contractors, subcontractors material suppliers and laborers prior to the Substantial Completion Date shall be (i) at Tenant’s sole risk and expense, (ii) coordinated with the timely performance of the Landlord’s Work and not interfere with or delay in any material respect the performance of the Landlord’s Work, and (iii) subject to such reasonable access rules as Landlord may impose based upon the status of completion of Landlord’s Work and the remaining Landlord’s Work to be performed in the Premises, (iv) subject to and upon all of the same terms and conditions of this Lease except for the obligation to pay Rent, (v) conditioned upon Tenant’s complying with and performing, and causing its employees, agents, contractors, subcontractors, material suppliers and laborers to comply with and perform, all of Tenant’s insurance and indemnity obligations and other obligations governing the conduct of Tenant at the

Early Access. Following full execution of this Sublease, Sublandlord shall provide Subtenant with early access to the Subleased Premises commencing on October 16, 2017 (the “Access Date”). Such early occupancy shall be subject to all of the terms and conditions of this Sublease, except for Subtenant’s obligation to pay Sublease Base Rent, which obligation shall commence upon the Sublease Commencement Date. Such period of early occupancy, if any, shall commence on the Access Date and continue through the date immediately preceding the Sublease Commencement Date (the “Early Occupancy Period”). During the Early Occupancy Period, Subtenant may enter the Subleased Premises for the purpose of general business setup, including installation of fixtures, furniture, equipment, telephones, data lines and other telecommunications equipment, and for 10 – 15 of Tenant’s general, finance and administration employees to use the Subleased premises during the Early Occupancy Period for office purposes; provided, however, that (a) Subtenant shall be solely responsible for all fixtures, furniture, equipment, telephones and other items installed by Subtenant and for any loss or damage thereto from any cause whatsoever and (b) Subtenant shall not begin any construction or demolition in the Subleased Premises without the prior written approval of Sublandlord and Master Landlord. Subject to Section 10.2 below, the provisions of Sections 9 and 23 of the Master Lease shall apply in full during the Early Occupancy Period, and Subtenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Subtenant and its agents and contractors, reasonably satisfactory to Sublandlord, prior to and as a condition of such early entry, and (y) comply with all Laws applicable to Subtenant’s activities in the Subleased Premises during the Early Occupancy Period. Subtenant acknowledges and agrees that Sublandlord may be completing the process of moving its personnel and personal property out of the Subleased Premises during the Early Occupancy Period. Sublandlord and Subtenant shall cooperate with one another to coordinate use of the Subleased Premises during the Early Occupancy Period to facilitate efficient completion of Subtenant’s move-out with Subtenant’s access to the Subleased Premises as provided above.

Early Access. Subject to receipt of the Master Landlord’s consent referred to in Section 3 below, during the fifteen (15) day period prior to the date Sublandlord delivers exclusive possession of the Sublease Premises to Subtenant, Subtenant shall be allowed non-exclusive access to the Sublease Premises. During such period, Subtenant shall comply with all of the applicable terms of this Sublease (including without limitation, Subtenant’s insurance and indemnity obligations, but specifically excluding Subtenant’s obligation to pay Base Rent and Additional Rent). Prior to accessing the Sublease Premises and as a condition precedent to Sublandlord’s grant of access, Subtenant shall have delivered to Sublandlord Base Rent and estimated Operating Expenses for the second month following the Rent Commencement Date, the Security Deposit required pursuant to this Sublease and provide to Sublandlord evidence of the insurance required pursuant to this Sublease and the Master Lease. Such early access shall be for the sole purpose of installing furniture, fixtures and equipment and for the construction of Subtenant’s improvements or “fit-up.” If Subtenant begins operation of its business within the Sublease Premises prior to June 1, 2017, the Commencement Date and Rent Commencement Date shall be accelerated to the date that Subtenant begins operation of its business. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (and has not elected to recapture the Sublease Premises) and still Sublandlord fails to deliver exclusive possession of the Sublease Premises to Subtenant on or before June 15, 2017, then, in addition to Subtenant’s rent abatement rights under Section 2.2 above, Subtenant shall be entitled to one (1) additional day of abated Base Rent for each day that Sublandlord’s delivery of exclusive possession of the Sublease Premises to Subtenant is delayed beyond June 15, 2017. If through no fault of Subtenant and provided Master Landlord has given its written consent to this Sublease (and has not elected to recapture the Sublease Premises) and still Sublandlord fails to deliver exclusive possession of the Sublease Premises to Subtenant on or before July 1, 2017, then, Subtenant may terminate this Sublease at any time after July 1, 2017 and before August 1, 2017 by giving Sublandlord ten (10) days prior written notice to terminate, in which case this Sublease shall terminate on the day following the last day of

Early Access. In addition, Landlord hereby agrees that, notwithstanding the provisions of Section 1.2.2 of the Lease, regardless of whether the Tenant Improvements are substantially complete or a certificate of occupancy (or its equivalent) shall have been issued by the appropriate governmental authorities for the Premises at such time, Landlord shall permit Tenant and its agents to enter the Premises commencing on June 11, 2020, or such later date prior to the Commencement Date in Tenant's sole discretion (such entry, the "Early Access"), for the sole purpose of installing, at Tenant's sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises and to store other personal assets of Tenant. In particular, Early Access shall include, and Tenant shall be given access to, Storage Room 425, Office 420 and Server Room 413 within the Premises. Landlord shall also give Tenant access to the mail room within the Building upon the Early Access. The Early Access shall not change the Commencement Date and shall not be deemed early occupancy during the Beneficial Occupancy Period under Section 1.2.2 of the lease and Tenant’s rights to the Beneficial Occupancy Period under Section 1.2.2 of the Lease, if any, shall continue to apply in addition to the Early Access provided under this Section 2 . Upon the Early Access, all of the terms and conditions of the Lease shall apply except that Tenant's obligation to pay monthly Base Rent, Expenses, Taxes or other fees or expenses to Landlord (other than amounts for above standard services requested by Tenant under Section 5.2 of the Lease) shall not apply until the Commencement Date. Tenant shall coordinate the Early Access with Landlord's building manager and, except as expressly set forth in this Amendment, such entry shall be made in compliance with all terms and conditions of the Lease and the Rules and Regulations attached thereto. Landlord shall deliver to Tenant the necessary Building (including mailroom box) and Premises entry keys or similar access devices or codes to enable the Early Access and access and use of the Building mailroom. The foregoing license to enter the Premises prior to the Commencement Date is conditioned upon Tenant's contractors and their subcontractors and employees working in harmony and not interfering with the work being performed in the Building and in the Premises. Tenant shall be liable for any damages caused by Tenant's activities at the Premises. Such license is further conditioned upon the compliance by Tenant's contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers' compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. Landlord shall not be liable in any way for any injury, loss or damage which may occur by reason of the Early Access, the same being solely at Tenant's risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant pursuant to the Early Access shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Except to the extent arising from the gross negligence or willful misconduct of Landlord, Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys' fees and claims for workers' compensation) to the extent arising out of or in connection with any and all work during such Early Access (including, but not limited to, claims for breach of warranty, personal injury or property

Early Access. Sublandlord agrees to cooperate with Subtenant to allow Subtenant access to the Initial 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 has first given Sublandlord at least one (1) business day’s prior notice of any such access (for access prior to the Delivery Date only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access (a) shall be solely for the Early Access Activities and not for the purposes of occupancy or possession of the Initial Premises, or of conducting business therein, and (b) shall be subject to and 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 pursuit of the Early Access Activities causes an increase of more than ten percent (10%) in the cost of utilities (including

EARLY ACCESS. So long as Landlord shall have first received payment of the first installment of Base Rent payable hereunder, evidence of the insurance coverage required pursuant to Section 9, and the Security Deposit required pursuant to Section 11, then Landlord shall provide Tenant early access (i) to the 28 Cherry Hill Premises as of the date of this Lease, and (ii) to the 24 Cherry Hill Premises on April 1, 2017. Such early access shall be to perform Tenant's Work as set forth in Exhibit D attached hereto. In connection with such access , Tenant agrees (a) to cease promptly upon notice from Landlord any Tenant's Work which is not set forth on Exhibit D , is not directly related to the Work described therein or is not otherwise in compliance with the provisions of this Lease, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Tenant's Work with any other activity or work in the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the Lease, except that there shall be no obligation on the part of Tenant solely because of such access to pay Base Rent, Taxes or Operating Expenses prior to the Commencement Date with respect to the 28 Cherry Hill Premises or prior to the 24 Cherry Hill Commencement Date with respect to the 24 Cherry Hill Premises. If Tenant fails to comply with the terms and conditions of this Lease applicable to such early access during the period of early access after one (1) business day prior notice from Landlord, Landlord shall have the right to immediately suspend Tenant's right to right to access the Premises early. Anything herein to the contrary notwithstanding, if early access to the 24 Cherry Hill Premises is not delivered to Tenant by April 15, 2017, or possession of the 24 Cherry Hill Premises is not delivered to Tenant by May 15, 2017, then for each day of delay thereafter, the 24 Cherry Hill Base Rent Abatement Period shall be extended by one day.

Early Access. Tenant shall be permitted at least four (4) weeks of early access to the entire third floor prior to the Expansion Premises Commencement Date, without rental obligation, for the purpose of preparing the space for occupancy.

Early Access. Sublandlord agrees to cooperate with Subtenant to allow Subtenant access to the Initial 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 has first given Sublandlord at least one (1) business day’s prior notice of any such access (for access prior to the Delivery Date only) and has first delivered to Sublandlord a certificate of insurance evidencing compliance with the insurance obligations herein. Such access (a) shall be solely for the Early Access Activities and not for the purposes of occupancy or possession of the Initial Premises, or of conducting business therein, and (b) shall be subject to and 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 pursuit of the Early Access

Tenant shall have access to the Premises upon execution of this Lease by Tenant and Landlord for the purpose of executing the Tenant’s Work including, but not limited to, installing furniture, fixtures, and equipment.

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