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Early Access
Early Access contract clause examples

Early-Access. Provided no Event of Default by Tenant has occurred under the Lease (as amended hereby), Tenant shall have the right to install in the Expansion Space, during the Expansion Space Move-In Period (as defined below) only, Tenant’s Cabling and other furniture, furnishings, inventory, equipment, or trade fixtures, subject to all applicable terms and conditions of the Lease (as amended hereby). At Tenant’s request from time to time Landlord will inform Tenant of Landlord’s good faith determination of the projected Expansion Space Commencement Date. Neither Tenant nor any Agent of Tenant shall enter the Expansion Space during those times that Landlord determines such entry will unreasonably interfere with activities of Landlord or Landlord’s Agents, and, in such event, Landlord shall notify Tenant of specific times during which Tenant may make such entry. Any and all activity by Tenant or any Agent of Tenant prior to the Expansion Space Commencement Date shall be coordinated with Landlord and its general contractor to ensure that such activity does not interfere with any other work. If Landlord determines that any such interference is occurring, then Landlord shall have the right to require the removal of the offending party from the Expansion Space (with Tenant having no right to assert that the Expansion Space Commencement Date or Tenant’s other obligations are affected thereby). During the Expansion Space Move-In Period, neither Tenant nor any of its Agents shall unreasonably delay or otherwise inhibit work being performed by Landlord or Landlord’s Agents.

Notwithstanding anything in the Lease (as amended hereby) to the contrary: # Landlord shall have no responsibility with respect to any items placed in the Expansion Space by Tenant or any Agent of Tenant prior to the Expansion Space Commencement Date; and # all of the provisions of this Lease (including all insurance, indemnity and utility provisions (except, with respect to utility consumption in the Expansion Space during the Expansion Space Move-In Period, Tenant shall only be responsible for excess utilities or utilities used outside of Building Hours)) shall apply during the Expansion Space Move-In Period, except that during such period # Tenant shall not be obligated to pay Base Rent or Tenant’s Proportionate Share of increases in Operating Charges and Real Estate Taxes with respect to the Expansion Space and # Landlord shall not be obligated to provide with respect to the Expansion Space, any utility, service or other item in excess of those customarily provided to or for the benefit of a premises in order for Landlord to perform its building standard initial improvement work thereto. For purposes of this Amendment, the “Expansion Space Move-In Period” shall mean the period commencing on the fourteenth (14th) day prior to the projected Expansion Space Commencement Date (as reasonably determined by Landlord) and continuing through the day before the Expansion Space Commencement Date; provided that no access whatsoever shall be permitted unless Tenant shall deliver to Landlord written evidence specifying that Tenant is then carrying all insurance required by the Lease to be carried by Tenant and its contractors.

Landlord shall permit, subject to the Existing Tenant vacating the Second Expansion Space on or before the Second Expansion Space Commencement Date, Tenant to access the Second Expansion Space commencing on the date that is 1 business day after Existing Tenant vacates the Second Expansion Space through the Second Expansion Space Commencement Date for Tenant’s installation and set-up of its furniture, fixtures and equipment in the Second Expansion Space (collectively, “FF&E Installation”), provided that such FF&E Installation is coordinated with Landlord, and Tenant complies with the Lease and all other reasonable restrictions and conditions Landlord may impose during the FF&E Installation. All such access shall be during normal business hours. Any access to the Second Expansion Space by Tenant before the Second Expansion Space Commencement Date shall be subject to all of the terms and conditions of the Lease, excluding the obligation to pay Base Rent and Operating Expenses. Landlord shall have no liability whatsoever to Tenant relating to or arising from Existing Tenant’s failure to vacate the Second Expansion Space before the Second Expansion Space Commencement Date.

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