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Early Access
Early Access contract clause examples

Tenant’s Early Access. Provided that Tenant and its agents do not interfere with any of the Tenant Improvement work in the Building and the Premises, Tenant may access the Premises at any time prior to the Lease Commencement Date to install equipment and fixtures (including Tenant’s data and telephone equipment) in the Premises, and to otherwise prepare the Premises for occupancy. All of such access rights are subject to the following limitations: # prior to any entry, Tenant shall comply with all of the insurance provisions in this Lease, including delivering applicable Certificates of Insurance to Landlord which name Landlord as an additional insured; # any early entry shall be at the sole risk of Tenant, including, but not limited to theft, bodily injury, vandalism or other damage; # Tenant shall strictly comply with all requirements of Landlord and Landlord’s contractor concerning Tenant’s early entry into the Premises; and # Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Premises and against injury to any persons or property damage caused by Tenant’s actions pursuant to this Section. Tenant shall have no obligation to pay Base Rent or Direct Expenses during such early occupancy period; provided, however, if Tenant commences business operations in any portion of the Premises before the Lease Commencement Date, then # such early occupancy period shall automatically end and # the Lease Commencement Date shall be advanced to occur on the date Tenant commences such business operations, notwithstanding any other provision in this Lease to the contrary.

Subject to all Legal Requirements (as defined below), Tenant may have access to the Premises and Common Areas upon the mutual execution and delivery of this Lease solely for the purposes of performing inspections of the Premises and constructing and installing the Tenant Improvements (as defined in [Exhibit C]) and Tenant's racking, furniture, fixtures and equipment at the Premises. Notwithstanding the foregoing, in no event shall Tenant access or enter into the Premises until such time as Tenant has delivered to Landlord the Prepaid Rent, Letter of Credit and all other monetary amounts due, as well as written evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Lease. Tenant agrees to coordinate with Landlord and Landlord's contractors during any such early access so as to minimize disruption of any ongoing work being performed by Landlord at the Project. Such early access to the Premises will not, in and of itself, advance the Commencement Date unless Tenant begins conducting business in any portion of the Premises (in which event the Commencement Date shall immediately occur). All of the provisions of this Lease shall apply to Tenant during any entry into the Premises prior to the Commencement Date, including, without limitation, the indemnities set forth in this Lease, but excluding only the obligation to pay Base Rent and Operating Expenses until the Commencement Date has occurred, whereupon Base Rent and Operating Expenses shall immediately commence. Notwithstanding anything to the contrary herein, Tenant shall be responsible for payment of all utility costs which are attributable to Tenant's activities at the Premises during any early entry by Tenant and Tenant shall pay such costs to Landlord promptly upon demand. During any early entry into the Premises, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns, licensees or invitees (each, a "Tenant Party"). Landlord shall have the right to post appropriate notices of non-responsibility in connection with any early entry by Tenant.

Tenant Access Prior to Delivery Date. Prior to the Delivery Date, Landlord may, in Landlord’s sole discretion, provide Tenant with early access to the Premises. All work being performed by Tenant during the early access period by or on behalf of Tenant must be coordinated between Tenant’s contractor or vendor and Landlord. Unless approved in writing by Landlord, Tenant shall not be allowed to demo existing improvements, or commence construction of Tenant’s Work until Tenant’s Plans for Tenant’s Work are approved by Landlord, all governmental permits and approvals for Tenant’s Work have been obtained by Tenant, and all other requirements of this Lease are met by Tenant. Tenant’s early access shall at all times be subject to and governed by all provisions of the Lease, including, but not limited to, Tenant’s indemnification and insurance obligations. Tenant shall not pay Base Rent or Additional Rent but shall be responsible to pay for all utility services during the early access period. Except for the work allowed under this Section, Tenant shall perform no other work or activity within the Premises prior to the Delivery Date.

Early Possession. Notwithstanding anything to the contrary, upon the later of the Date of Lease, Tenant’s delivery of satisfactory evidence of insurance in accordance with [Article XV], the first month’s payment of Basic Rent and Additional Rent (as defined in Section 4.2) for the first month’s payment of Operating Expense Rental (as defined in Section 4.3) and Real Estate Tax Rental (as defined in Section 4.3) and payment of the Security Deposit and continuing until the Commencement Date (the “Early Access Period”), Tenant shall have non-exclusive reasonable rights of entry to the Premises for the purpose of preparing the Premises for Tenant’s use and occupancy, including, without limitation, performing the Tenant Work (as defined in Exhibit B-11]) and installing furniture, fixtures, equipment and Cabling (as defined in Section 12.3) (the “Early Access Activities”). Tenant’s entry to the Premises and conducting of any Early Access Activities during the Early Access Period shall be subject to the terms and conditions of this Lease, including, without limitation, the indemnification and hold harmless agreements set forth in Article XVII; provided, however, except for the cost of services requested by Tenant, Tenant shall not be required to pay Rent (as defined in Section 4.2) for any days during the Early Access Period on which Tenant is in possession of the Premises for the sole purpose of the Early Access Activities; provided, however, if Tenant uses all or any portion of the Premises during the Early Access Period for the purpose of conducting business operations, then Tenant shall pay Additional Rent for Operating Expense Rental and Real Estate Tax Rental, commencing on the date of such use. Tenant will coordinate all Early Access Activities with Landlord so as not to unreasonably interfere with Landlord or with other occupants of the Building.

If the Premises is vacant, Tenant may enter the Premises during the period commencing one (1) day following the mutual execution and delivery of this Lease and ending one (1) day prior to the Commencement Date (the “Early Occupancy Period”) solely for the purpose of constructing improvements and installing furniture, fixtures and equipment in the Premises (and a back-up power source, provided that detailed specifications are provided to Landlord for approval by Landlord pursuant to [Article 35] below) for use by Tenant following the Commencement Date. Tenant shall not conduct any business operations in the Premises or use the Premises for any other purpose before the Commencement Date. If Tenant enters the Premises for any such permitted purpose prior to the Commencement Date, all of the agreements and covenants of Tenant in this Lease, except the payment of rent, shall apply and be in force, including, without limitation, the provisions of [Article 6], [Article 7] and [Article 8] of this Lease. Before Tenant enters the Premises, Tenant shall deliver certificates of insurance to Landlord as required by [Article 13] of this Lease. During any such entry into the Premises before the Commencement Date, Tenant shall not interfere in any way with any construction work or other activity by Landlord in the Premises and Tenant shall cooperate in all reasonable ways with Landlord while Landlord is carrying on any construction work or other activity within the Premises. Tenant shall be solely responsible for all furniture, fixtures and equipment and for any loss or damage thereto caused by Tenant’s early entry.

Subject to Section 11 below, from and after the date that Landlord reasonably believes to be two (2) months prior to the Commencement Date (the “Early Access Period”), to be determined by Landlord, acting in good faith, and in its sole and absolute discretion, Tenant shall have the right to access the Premises, at Tenant’s sole risk, at times reasonably approved by Landlord, for the performance and completion of the Tenant Improvements. All such work shall be at Tenant’s sole cost and expense, subject to Landlord’s obligations with respect to the Tenant Improvement Allowance, and shall be coordinated with Landlord so that any such work does not unreasonably interfere with Landlord’s construction of the Landlord’s Base Building Work (as hereinafter defined). During any such period of early access by Tenant, the construction of Landlord’s Base Building Work shall at all times take priority over the Tenant Improvements. If Landlord determines that such early access by Tenant or the performance of the Tenant Improvements during the Early Access Period has interfered with the Substantial Completion (as hereinafter defined) of Landlord’s Base Building Work and Tenant has failed to correct such interference within two (2) business days following Tenant’s receipt of notice thereof from Landlord or other Landlord Parties (as hereinafter defined), then the Commencement Date shall be the date that Landlord would have Substantially Completed Landlord’s Base Building Work, as determined by Landlord, but for such interference by Tenant. Tenant shall, prior to the first entry to the Premises pursuant to this [Section 1.5(b)], provide Landlord with certificates of insurance evidencing that the insurance required in Section 14 hereof is in full force and effect and covering any person or entity entering the Building. Tenant shall defend, indemnify and hold the Landlord Parties (hereinafter defined) harmless from and against any and all Claims (hereinafter defined) for injury to persons or property resulting from or relating to Tenant’s access to and use of the Premises prior to the Commencement Date as provided under this [Section 1.5(b)]. Tenant shall coordinate any access described in this [Section 1.5(b)] with Landlord’s property manager and Landlord’s contractor. Notwithstanding anything herein to the contrary, Landlord shall not have any liability to Tenant if the Commencement Date occurs earlier than two (2) months after the date Landlord determines is the first day of the Early Access Period.

Upon at least seven (7) day’s prior written notice from Tenant, Landlord may permit (in Landlord’s reasonable discretion) Tenant to enter upon the Premises prior to the Term Commencement Date for the purpose of installing fixtures, furnishings or equipment; provided, Tenant shall furnish to Landlord evidence satisfactory to Landlord in advance that insurance coverages required of Tenant under the provisions of Article 23 are in effect, and such entry shall be subject to all the terms and conditions of this Lease other than the payment of Base Rent or Tenant’s Adjusted Share of Operating Expenses (as defined below); and provided, further, that if the Term Commencement Date is delayed due to such early access, then the Term Commencement Date shall be the date that the Term Commencement Date would have occurred but for such delay. For the avoidance of doubt, it shall be reasonable for Landlord to deny a Tenant request for entry if, in Landlord’s reasonable discretion, such entry will interfere with the Base Building Work or the Tenant Improvements.

Section # Early Access. Concurrent with Landlord performing Landlord’s finish work, but no later than four (4) weeks prior to the estimated Commencement Date, provided that Tenant shall not interfere with Landlord’s Work, Landlord shall permit Tenant to enter the Premises and Common Areas, if necessary, in order to commence installing its equipment, racking system, cabling, wiring, fixtures, and furniture, subject to Tenant obtaining, at Tenant's sole cost and expense, all permits in connection with the installation thereof. With respect to such early access, all provisions of this Lease shall then be in full force and effect, specifically including, but not limited to, Articles 7 and 14 hereof (excluding however, Tenant's obligation to pay Base Rent or Additional Rent, including electricity).

Lessee, along with its contractors or agents, etc., shall be permitted to enter the Premises, without obligation to pay Base Rent or Operating Expenses, on February 1, 2018, provided that Lessee has delivered to Lessor proof of insurance required pursuant to [Section 8.4] of the Lease (the “Early Access Period”) for the purpose of installing Lessee’s equipment, personal property, cabling and otherwise preparing the Premises for occupancy (the “Early Access Work”). Lessor and Lessee shall each take commercially reasonable efforts to ensure that Lessor’s contractors and Lessee’s contractors cooperate in commercially reasonable ways in order to avoid any delays in the substantial completion of the Lessor Work (as defined below). Notwithstanding Section 3.2 of the Lease, during the Early Access Period Lessee shall have no obligation to pay Base Rent or Operating Expenses, except that since the utilities serving the Premises are separately metered in the name of Lessor, Lessee shall be responsible for payment to Lessor of such separately metered utilities during the Early Access Period and for contracting and paying for janitorial services to the Premises during the Early Access Period.

Landlord shall permit Tenant access to the Premises for installing equipment and furnishings in the Premises fifteen (15) days prior to the Term Commencement Date when such installation can be done without material interference with the Total Work; provided, however, that if Tenant’s personnel shall occupy all or any part of the Premises for the conduct of its business prior to the Term Commencement Date, such date shall for all purposes of this Lease be the Term Commencement Date. Prior to any such early access, Tenant shall provide Landlord with proof of insurance in effect as required by Article 16.

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