Common use of ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM Clause in Contracts

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord Landlord, at its discretion Landlord’s discretion, may permit Tenant and its Tenant’s agents to enter the Premises prior to the date specified as the Commencement Date to prepare of the Lease in order that Tenant may make the Premises ready for Tenant's ’s use and occupancy. Any If Landlord permits such entry prior to the Commencement Date, such permission shall will constitute a license only, only and not a lease and such license will be conditioned upon Tenant'supon: (a) Tenant working in harmony and not interfering with Landlord and Landlord's ’s agents, contractors, workmen, mechanics and suppliers and in doing the Work, or the Work in the Building or with other tenants and occupants of the Building; ; (b) Tenant obtaining in advance Landlord's ’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the general contractor's ’s affidavit for the proposed work and the waivers waiver of lien from the contractor and general contractor, all subcontractors and suppliers of material; and (c) Tenant furnishing Landlord with such proof of insurance and other security as Landlord may require against liabilities which may arise out of such entryrequire. Landlord shall will have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Tenant agrees that Landlord shall will not be liable in any way for any injury, loss or damage which may occur to any of Tenant's ’s property placed or installations made in the Premises prior to the Commencement Date. , the same being at Tenant’s sole risk and Tenant shall agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the BuildingProperty. Any Tenant further agrees that any entry and occupation permitted under this Section shall paragraph will be governed by Section 5 Paragraph 10 of the Lease and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the each Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the each Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease. Landlord shall not be liable in any way for an injury, loss or damage, which may occur to any of Tenant's property or installations in the Premises prior to each Commencement Date.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's ’s use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's’s: (a) working in harmony with Landlord and Landlord's ’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's ’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's ’s affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' ’ written notice to Tenant. Landlord shall not be liable Liable in any way for any injury, loss or damage which may occur to any of Tenant's ’s property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may shall permit Tenant and its agents agents, and the Contractor, to enter the Lower Level Space and the Office Space beginning on the date Landlord executes this Lease, at no cost to Tenant (unless Tenant begins to operate its business from the Premises prior to the Commencement Date in which event the terms of Section 3B of the Lease shall apply), to perform the Initial Improvements and prepare the Premises for Tenant's use and occupancy, including testing and installation of Tenant's equipment. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant (except the Contractor and subcontractors who will not be performing mechanical or electrical work) and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractorContractor's affidavit for the proposed work and the as necessary, from time to time, waivers of lien from the contractor Contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such the insurance as required of Tenant pursuant to Section 8 of the Lease, and causing all other parties entering the Project to perform the Initial Improvements to provide Landlord may require against liabilities which may arise out with the same types, and amounts, of such entry. Landlord shall have coverages required of the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to TenantTenant in Section 8 of the Lease. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, the Contractor, other contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section Appendix D shall be governed by Section 5 and all other terms of the Lease. Landlord shall make the freight elevator available to Tenant during the hours set forth in Paragraph 11 of Appendix C above during construction of the Initial Improvements so as to enable Tenant to continuously perform such construction in the space.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Leased Premises prior to the Commencement Date to prepare the Leased Premises for Tenant's ’s use and occupancy. Any such permission to enter the Leased Premises shall constitute a license only, conditioned upon only and shall not constitute entry pursuant to the Lease. Any entry shall be subject to the satisfaction of the following ongoing conditions by Tenant's: : (ai) working in harmony with Landlord and Landlord's ’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; ; (bii) obtaining in advance Landlord's ’s approval of the contractors proposed to be used by Tenant and depositing with Landlord Tenant; (iii) providing, in advance of any work (i) work, security satisfactory to Landlord for the completion thereof; (iv) providing, and (ii) upon completion of work and/or payment for work, the contractor's ’s affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and and (cv) furnishing Landlord with such insurance or bond as Landlord may require against liabilities which that may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' hours written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which that may occur to any of Tenant's ’s property or installations in the Leased Premises prior to the Commencement Date, unless caused entirely by the gross negligence or willful misconduct of Landlord or Landlord’s representatives. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Leased Premises or the Building, unless caused by the gross negligence or willful misconduct of Landlord or Landlord’s representatives. Any entry and occupation permitted under this Section Paragraph shall be governed by Section 5 and all other the terms of the Leaseforegoing license to enter.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord (a) Landlord, at its discretion Landlord's sole discretion, may permit Tenant and its agents Tenant's agents, suppliers, contractors, subcontractors and workmen (collectively, "Tenant's Contractors"), who have been approved by Landlord as hereinafter provided, to enter the Premises prior to the Commencement Date of the term of the Lease to prepare enable Tenant to install its telephone and computer cabling and carpeting or do such other things as may be required by Tenant to make the Premises ready for Tenant's use and occupancy. Any such permission No entry or access by Tenant or Tenant’s Contractors shall constitute a license only, conditioned upon Tenant's: be permitted any earlier than thirty (a30) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of days prior to the Building;Commencement Date. (b) obtaining in advance Landlord's approval Tenant shall notify Landlord of the contractors proposed identity of Tenant's Contractors not less than five (5) days prior to be used the initial entry into the Premises by any such Tenant's Contractors, and Landlord shall have the right to approve or disapprove any of Tenant's Contractors. (c) Tenant and depositing with Landlord in advance of any work agrees that if permission is granted Tenant for early entry under this Paragraph, then (i) security satisfactory to Landlord for Tenant and Tenant's Contractors and their activities in the Premises and Building will not interfere with or delay the completion thereofof the Work to be done by Landlord and will not interfere with other construction by Landlord, its contractors and subcontractors and their agents and employees or occupants of the Building and their contractors in or about the Premises or Building, and (ii) the contractor's affidavit for the proposed work Landlord, its contractors and the waivers of lien from the contractor and all subcontractors and suppliers their agents and employees shall have priority over Tenant and Tenant's Contractors in performing work within the Premises or Building, including, without limitation, the use of material; andhoists and elevators. (cd) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason its early occupancy permission given under this Paragraph 6 upon twenty-four (24) hours' written or oral notice to Tenant if Landlord determines that any interference or delay has been or may be caused. Tenant agrees that any such entry into the Premises shall be at Tenant. 's own risk and Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of the Tenant's property or installations made in the Premises prior Premises. (e) Tenant shall promptly pay to each of Tenant's Contractors when due the cost of all Work done by such Tenant's Contractor and, if required by Landlord, shall deliver to Landlord evidence of payment to each such party, together with contractors' affidavits, partial and full and final waivers of all liens for labor, service or materials and such other documents as Landlord may request. (f) Any work performed by Tenant or Tenant's Contractors shall be done in a first-class workmanlike manner using only first-class grades of materials and shall comply with all of Landlord's rules and requirements and all applicable laws, ordinances, rules and regulations of governmental departments or agencies. (g) Any work done by Tenant or Tenant's Contractors will be scheduled and coordinated through Landlord and shall be performed under the supervision and control of Landlord to the Commencement Date. extent Landlord determines to be necessary. (h) Tenant shall agrees to protect, defend, indemnify and save harmless Landlord and its officers, directors, partners, employees and agents from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers Tenant's Contractors in or workmen in about the Premises or Building, including, without limitation, the Buildingcost of any repairs to the Premises or Building necessitated by activities of Tenant or Tenant's Contractors. Any In addition, prior to the initial entry into the Building or the Premises by Tenant or any of Tenant's Contractors, Tenant shall furnish Landlord, at Tenant's sole cost, with policies of insurance required by the Lease and occupation permitted under this Section with any additional insurance covering Landlord and its officers, directors, partners, employees and agents as insured parties, with such coverages and in such amounts as Landlord may then require, in order to insure Landlord and its officers, directors, partners, employees or agents against loss or liability for injury or death or damage to property arising out of or connected with any activities of Tenant or Tenant's Contractors. Tenant acknowledges that the foregoing indemnity shall be governed in addition to the insurance requirements set forth herein and shall not be in discharge of or in substitution for same. (i) Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by Section 5 act of Tenant, operation of law or otherwise, to be attached to or be placed upon Landlord's title or interest in the Premises, Building or underlying land, and any and all other terms liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed upon the LeasePremises, Building or land with respect to work or service claimed to have been performed for, or materials claimed to have been furnished to, Tenant or the Premises by Tenant's Contractors, and in case of any such lien attaching, Tenant covenants and agrees to cause it to be immediately released and removed of record. In the event that such lien is not immediately released and removed within ten (10) days after such lien, or notice thereof, is filed, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including attorneys' fees) incurred by Landlord in connection with such lien.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's:; (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter any portion of the Premises prior to the Commencement Date from and after July 15, 2003 to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's reasonable approval of the contractors proposed to be used by Tenant and depositing with delivering to Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien (to the extent available in advance) from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such the insurance as Landlord may require required under the Lease against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason good cause upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by this Section 5 4 and all other terms of the Lease, except for the payment of Rent.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit shall deliver possession of the Premises to Tenant no later than three (3) days following the date of mutual execution hereof, and Tenant and its agents and construction contractor shall be permitted to enter the Premises from and after such date, at no cost to Tenant (unless Tenant begins to operate its business from the Premises prior to the Commencement Date in which event the terms of Section 3B of the Lease shall apply), to perform the Initial Improvements and prepare the Premises for Tenant's use and occupancy, including testing and installation of Tenant's equipment. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractorContractor's affidavit for the proposed work and the as necessary, from time to time, waivers of lien from the contractor Contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such the insurance as required of Tenant and its contractors pursuant to Section 8 of the Lease, and causing all other parties entering the Project to perform the Initial Improvements to provide Landlord may require against liabilities which may arise out with the same types, and amounts, of such entry. Landlord shall have coverages required of Tenant and its contractors in Section 8 of the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to TenantLease. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, the Contractor, other contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section Appendix C shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Expansion Premises prior to the Commencement Date to prepare the Expansion Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. As provided in Section 3 of this Third Amendment to Lease, Landlord at its discretion may permit Tenant and its agents to enter the Premises Third Expansion Space prior to the Third Expansion Space Commencement Date to prepare the Premises Third Expansion Space for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereofthereof if required by Landlord (for example, a completion bond), and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Third Expansion Space Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security reasonably satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Completion Date to prepare the Premises for Tenant's ’s use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's’s: (a) working in harmony with Landlord and Landlord's ’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's ’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for ’s statement of the proposed scope of work to be performed (or a copy of its construction contract with Tenant) and the waivers form of lien from waivers intended to be utilized by the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' ’ written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's ’s property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may shall permit Tenant and its agents to enter the Premises not less than fifteen (15) days prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such Such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; andto (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord may, at its discretion may Landlord's discretion, and subject to governmental regulations, permit Tenant tenant and its Tenant's agents to enter the Premises prior to the Commencement Date to prepare in order that Tenant may make the Premises ready for Tenant's use and occupancyoccupancy (but not to conduct business). Any Landlord shall use Landlord's best efforts to allow Tenant to begin moving into the Premises prior to the Commencement Date. If Landlord permits such entry prior to the Commencement Date, such permission shall constitute a license only, only and not a lease and such license shall be conditioned upon Tenant's:upon (a) Tenant working in harmony and not interfering with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and in doing the Tenant Finish, or Landlord's work in the Building or with other tenants and occupants of the Building; , and (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance and other security as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason good cause upon twenty-four (24) hours' hours written notice to Tenant. Tenant agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property placed on or installations made in the Premises prior to the Commencement Date. commencement of the Term of the Lease, the same being at Tenant's sole risk and Tenant shall agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers supplies or workmen in or about the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter any portion of the Premises prior to the Commencement Date for such portion of the Premises to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. 57 Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may shall permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's's compliance with the following, which compliance or non-compliance shall be reasonably determined by Landlord: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to TenantTenant if Landlord reasonably determines that Tenant has not complied with any of the conditions set forth above. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease, except that Tenant shall have no obligation to pay Rent unless Tenant is able to operate its business at the Premises.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion Landlord, in Landlord's sole discretion, may permit Tenant and its Tenant's agents to enter the Premises prior to the Commencement Date to prepare in order that Tenant may make the Premises ready for Tenant's use and occupancy. Any If Landlord permits such entry prior to the Commencement Date, such permission shall constitute a license only, only and not a lease and such license shall be conditioned upon Tenant's:upon (a) Tenant working in harmony and not interfering with Landlord and or Landlord's agents, contractors, workmen, mechanics and suppliers and or with the other tenants and occupants of the Building; Building and (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance or other security as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' hours written notice to Tenant. Tenant agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property placed or installations made in the Premises prior to the Commencement Date. , the same being at Tenant's sole risk, and Tenant shall agrees to protect, defend, indemnify and save hold harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's ’s use and occupancy, and shall permit such access beginning forty-five (45) days prior to the projected Commencement Date, subject to the conditions in this section. Any such permission shall constitute a license only, conditioned upon Tenant's’s: (a) working in harmony with Landlord and Landlord's ’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's ’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's ’s affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' ’ written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's ’s property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may will permit Tenant and its agents Xxxxxx's agents, suppliers, contractors and workmen to enter the Demised Premises prior to the Commencement Date commencement of the Term to prepare enable Tenant to do such things as may be required by Tenant to make the Demised Premises ready for Tenant's use occupancy, provided that Tenant and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's its agents, contractors, workmen, mechanics workmen and suppliers and their activities in the Demised Premises and Development will not interfere with or delay the completion of the Work or Additional Work to be done by Landlord and will not interfere with other tenants and activities of Landlord or occupants of the Building; (b) obtaining in advance Development, and only upon prior notice to Landlord's approval . Such notice must specifcy the name of the contractors proposed to be used by Tenant licensed contractor, contact information, insurance compliance and depositing with Landlord in advance certificates of any work (i) security satisfactory to Landlord for insurance as per the completion thereofLease Agreement, and (ii) the contractor's affidavit for the proposed work days and the waivers times of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entryaccess desired. The Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written right, on notice to Tenant, to cause Tenant or any such agent, contractor, xxxxxxx or supplier to leave the Demised Premises and the Development if Landlord determines that any such interference or delay has been or may be caused. Tenant agrees that any such entry into the Demised Premises shall be at Tenant's own risk and Landlord shall not be liable in any way for any injury, loss or damage damage, which may occur to any of Tenant's property or Xxxxxx's installations made in the Demised Premises prior and Tenant agrees to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord Landlord, its partners and their respective agents from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Demised Premises or Development. In addition, prior to the Building. Any initial entry to the Development or the Demised Premises by Tenant and by each contractor or subcontractor for Tenant, Tenant shall furnish Landlord with policies of insurance covering Landlord as an insured party with such coverages and such amounts as Landlord may then require in order to insure Landlord against liability for injury or death or damage to property of Landlord or its tenants by reason of such entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of any activity or work carried on, in or about the LeaseDevelopment or the Demised Premises.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may shall permit Tenant and its agents Early Entry pursuant to enter Article 3 of the Premises prior to Lease for the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any sole purpose of performing tenant installations; provided, however, such permission shall constitute a license only, conditioned upon Tenant's’s: (a) working in harmony with Landlord and Landlord's ’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's ’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security evidence reasonably satisfactory to Landlord for the completion thereofof Tenant’s financial ability to complete such work, and (ii) the contractor's affidavit for ’s statement of the proposed scope of work to be performed (or a copy of its construction contract with Tenant) and the waivers form of lien from waivers intended to be utilized by the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. In the event Tenant shall fail to comply with any of the foregoing, Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' ’ written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's ’s property or installations in the Premises prior to the Commencement Date, except to the extent caused by Landlord’s gross negligence or willful misconduct. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section Tenant shall be governed by Section 5 responsible for and all other terms shall promptly repair any damage to the Premises or Landlord’s Work therein arising out of Tenant’s entry onto the LeasePremises hereunder. Tenant shall also be responsible for coordinating its work with the work of Landlord.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord (a) Landlord, at its discretion Landlord's sole discretion, may permit Tenant and its agents Tenant's agents, suppliers, contractors, subcontractors and workmen (collectively, "Tenant's Contractors"), who have been approved by Landlord as hereinafter provided, to enter the Premises prior to the Commencement Date commencement date of the term of the Lease to prepare enable Tenant to do such things as may be required by Tenant to make the Premises ready for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building;. (b) obtaining in advance Landlord's approval Tenant shall notify Landlord of the contractors proposed identity of Tenant's Contractors not less than ten (10) days prior to be used the initial entry into the Premises by any such Tenant's Contractors, and Landlord shall have the right to approve or disapprove any of Tenant's Contractors. (c) Tenant and depositing with Landlord in advance of any work agrees that if permission is granted Tenant for early entry under this Paragraph, then (i) security satisfactory to Landlord for Tenant and Tenant's Contractors and their activities in the Premises and Building will not interfere with or delay the completion thereofof the Work to be done by Landlord and will not interfere with other construction by Landlord, its contractors and subcontractors and their agents and employees or occupants of the Building and their contractors in or about the Premises or Building, and (ii) the contractor's affidavit for the proposed work Landlord, its contractors and the waivers of lien from the contractor and all subcontractors and suppliers their agents and employees shall have priority over Tenant and Tenant's Contractors in performing work within the Premises or Building, including, without limitation, the use of material; andhoists and elevators. (cd) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason its early occupancy permission given under this Paragraph 4 upon twenty-four (24) hours' written or oral notice to Tenant if Landlord determines that any interference or delay has been or may be caused. Tenant agrees that any such entry into the Premises shall be at Tenant. 's own risk and Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of the Tenant's property or installations made in the Premises prior Premises. (e) Tenant shall promptly pay to each of Tenant's Contractors when due the cost of all Work done by such Tenant's Contractor and, if required by Landlord, shall deliver to Landlord evidence of payment to each such party, together with contractors' affidavits, partial and full and final waivers of all liens for labor, service or materials and such other documents as Landlord may request. (f) Any work performed by Tenant or Tenant's Contractors shall be done in a first-class workmanlike manner using only first-class grades of materials and shall comply with all of Landlord's rules and requirements and all applicable laws, ordinances, rules and regulations of governmental departments or agencies. (g) Any work done by Tenant or Tenant's Contractors will be scheduled and coordinated through Landlord and shall be performed under the supervision and control of Landlord to the Commencement Date. extent Landlord determines to be necessary. (h) Tenant shall agrees to protect, defend, indemnify and save harmless Landlord and its officers, directors, partners, employees and agents from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers Tenant's Contractors in or workmen in about the Premises or Building, including, without limitation, the Buildingcost of any repairs to the Premises or Building necessitated by activities of Tenant or Tenant's Contractors. Any In addition, prior to the initial entry into the Building or the Premises by Tenant or any of Tenant's Contractors, Tenant shall furnish Landlord, at Tenant's sole cost, with policies of insurance required by the Lease and occupation permitted under this Section with any additional insurance covering Landlord and its officers, directors, partners, employees and agents as insured parties, with such coverages and in such amounts as Landlord may then require, in order to insure Landlord and its officers, directors, partners, employees or agents against loss or liability for injury or death or damage to property arising out of or connected with any activities of Tenant or Tenant's Contractors. Tenant acknowledges that the foregoing indemnity shall be governed in addition to the insurance requirements set forth herein and shall not be in discharge of or in substitution for same. (i) Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by Section 5 act of Tenant, operation of law or otherwise, to be attached to or be placed upon Landlord's title or interest in the Premises, Building or underlying land, and any and all other terms liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed upon the LeasePremises, Building or land with respect to work or service claimed to have been performed for, or materials claimed to have been furnished to, Tenant or the Premises by Tenant's Contractors, and in case of any such lien attaching, Tenant covenants and agrees to cause it to be immediately released and removed of record. In the event that such lien is not immediately released and removed within ten (10) days after such lien, or notice thereof, is filed, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including attorneys' fees) incurred by Landlord in connection with such lien.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may shall permit Tenant and its agents to enter the Premises two (2) weeks prior to the Commencement Date to prepare the Premises for Tenant's ’s use and occupancy, including, without limitation, installing Tenant’s IT/data center equipment. Any such permission shall constitute a license only, conditioned upon Tenant's’s: (a) working in harmony with Landlord and Landlord's ’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's ’s approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's ’s affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four one (241) hours' business day’s written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's ’s property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may shall permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancyoccupancy (and to continue occupying those portions of the Premises subject to the Current Lease, as applicable). Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may reasonably require against liabilities which may arise out of such entry. In the event of any interference or disharmony attributable to Tenant, Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant (and Tenant's failure to cure such interference or disharmony within such 24-hour period). Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit If Tenant and its agents should desire to enter the Expansion Premises or authorize its employees, architects, space planners, consultants, contractors, engineers, suppliers and other representatives, as applicable, to do so prior to the Expansion Premises Commencement Date to prepare (i) perform approved work not requested of Landlord, (ii) assist in the preparation of the Plans and/or to monitor the progress of the construction of the Improvements and/or (iii) install furniture, fixtures, equipment, telecommunications equipment or other equipment, Landlord shall permit such entry if: (1) Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the plans for such approved work to be utilized by Tenant, which approval will not be unreasonably withheld; (2) Tenant, its employees, architects, consultants, contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises for (collectively, “Tenant's use and occupancy. Any such permission shall constitute a license only’s Contractors”), conditioned upon Tenant's: (a) working work in harmony with Landlord and do not in any way disturb or interfere with Landlord's agents’s Space Planner, architects, engineers, contractors, workmen, mechanics and suppliers and with or other tenants and occupants agents or independent contractors in the performance of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any their work (i) security satisfactory collectively, “Landlord’s Contractors”), it being understood and agreed that if entry of Tenant or Tenant’s Contractors would cause, has caused or is causing a material disturbance to Landlord for the completion thereofor Landlord’s Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant’s Contractors causing such disturbance; (3) Tenant, Tenant’s Contractors and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing other agents shall provide Landlord with sufficient evidence that each is covered under such workers’ compensation, employer’s liability, commercial general liability and property damage insurance as Landlord may require against liabilities which may arise out reasonably request for its protection and the protection of its agents and mortgagees; (4) such entrywork shall be constructed/performed in accordance with the Lease; and (5) Tenant shall not then be in default of any of its obligations under the Lease and/or the Amendment. Tenant shall give Landlord’s project manager reasonable advance notice of any entry permitted by this Exhibit and Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenantrequire that a representative and/or agent of Landlord accompany the person or persons so entering the Expansion Premises. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property ’s installations or installations in the Premises decorations made prior to the on Expansion Premises Commencement DateDate and not installed by Landlord. Tenant shall protect, defend, indemnify and save hold harmless Landlord and all Landlord Indemnitees exempt and harmless from and against any and all Claims arising out of or in connection with work performed in any portion of the Expansion Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord’s Contractors) or otherwise arising out of or connected with the activities of Tenant or its agents, servants, officers, employees, contractors, suppliers or workmen in or about any portion of the Expansion Premises, the Building and/or the Complex, SPECIFICALLY INCLUDING, WITHOUT LIMITATION, SUCH LIABILITIES, COSTS, DAMAGES, FEES AND EXPENSES ARISING OUT OF OR CONNECTED WITH THE NEGLIGENCE OF LANDLORD OR ANY LANDLORD INDEMNITEES, but excluding any such liabilities, costs, damages, fees and expenses arising out caused by or resulting from the sole or gross negligence or willful misconduct of Landlord or any Landlord Indemnitees. Landlord is not responsible for the function and maintenance of the activities of improvements, equipment, cabinets or fixtures not installed by Landlord, except as otherwise provided herein. Such entry by Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under Tenant’s Contractors pursuant to this Section Exhibit shall be governed by Section 5 and deemed to be under all other terms of the Leaseterms, covenants, provisions and conditions of the Lease and the Amendment except the covenant to pay Rent.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion Landlord, in Landlord’s discretion, may permit Tenant and its Tenant’s agents to enter the Premises prior to the Commencement Date of the Lease upon reasonable notice during business hours to prepare make the Premises ready for Tenant's ’s use and occupancy. Any such permission shall constitute a license only, and such license shall be conditioned upon Tenant'supon: (a) Tenant working in harmony and not interfering with Landlord and Landlord's ’s agents, contractors, workmenworkers, mechanics and suppliers and in doing Landlord’s Work or Additional Work, if any or, with other work in the Project, other tenants and occupants of the Building; Project, or the general operation of the Project; (b) Tenant obtaining in advance Landlord's ’s prior written approval of the contractors proposed to be used by contractors; and (c) Tenant and depositing with Landlord in advance of any work work, in form and substance reasonably satisfactory to Landlord, (i) security reasonably satisfactory to Landlord for the lien-free completion thereof, and (ii) the contractor's affidavit plans and specifications for the proposed work such work, (iii) any necessary permits or licenses, and the waivers (iv) certificates of lien from the contractor insurance (with coverages and all subcontractors amounts satisfactory to Landlord and suppliers naming Landlord and its management company and mortgagee as additional insured) and instruments of material; and (c) furnishing Landlord with such insurance indemnification as Landlord may reasonably require against claims and liabilities which may arise out of such entryentry or work. Such pre-term access shall be subject to scheduling by Landlord. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' ’ written notice to TenantTenant for reasonable cause prior to the commencement of the Term of the Lease. Tenant agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's ’s property placed or installations made in the Premises prior to the Commencement Date. commencement of the Term of the Lease, the same being at Tenant’s sole risk; and Tenant shall protectagrees to indemnify, defend, indemnify defend and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Building. Building prior to the commencement of the Term of the Lease Any entry and occupation permitted or work by or on behalf of Tenant under this Section shall be governed by Section 5 subject to all of the terms and all other terms conditions of the Lease, including without limitation Sections 5A and B thereof. If such entry or work causes extra costs to Landlord or extraordinary use of Project services, Tenant shall reimburse Landlord for such extra costs or extraordinary services within thirty (30) days after landlord’s statement.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord Landlord, at its discretion Landlord's discretion, may permit Tenant and its agents Tenant's agents, suppliers, contractors and workmen to enter the Premises prior to the Commencement Date commencement of the Term to prepare enable Tenant to install carpeting or do such other things as may be required by Tenant to make the Premises ready for Tenant's use and occupancy. Any Tenant agrees that if such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord is granted Tenant and Landlord's its agents, contractors, workmen, mechanics and suppliers and their activities in the Premises and Building will not interfere with or delay the completion of the Work or Additional Work to be done by Landlord and will not interfere with other tenants and activities of Landlord or occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason permission upon twenty-four (24) hours' hours written notice to Tenant if Landlord determines that any such interference or delay has been or may be caused. Tenant agrees that any such entry into the Premises shall be at Tenant. 's own risk and Landlord shall not be liable in any way for any death or injury to any person and for any injury, loss or damage which may occur to any of Tenant's property or installations installation made in the Premises prior and Tenant agrees to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen work men in or about the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease.LANDLORD: TENANT:

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at In the event Tenant elects to exercise its discretion may permit early access right under Section 1B(2) of the Lease, Tenant shall do so on the terms and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any conditions set forth below: (a) any such permission shall constitute a license only, conditioned upon Tenant's: (ai) working in harmony with Landlord and Landlord's agents, contractors, Contractor and other workmen, mechanics and suppliers which are constructing the Tenant Improvements and Tenant shall avoid actions which interfere with other tenants and occupants or delay the construction of the BuildingTenant Improvements, and Tenant's failure to do so shall constitute a "Tenant Delay" for purposes of this Tenant Improvement Agreement and the Lease; (bii) obtaining in advance Landlord's approval (which shall not be unreasonably withheld) of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the such contractor's affidavit for the proposed work and the as necessary, from time to time, waivers of lien from the such contractor and all subcontractors and suppliers of material; and (ciii) furnishing Landlord with such the insurance as required of Tenant and its contractors pursuant to Section 9 of the Lease, and causing all other parties entering the Project to perform work therein to provide Landlord may require against liabilities which may arise out with the same types, and amounts, of such entry. Landlord shall have coverages required of Tenant and its contractors in Section 9 of the right to withdraw such license for any reason upon twenty-four Lease. (24b) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the LeasePremises.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancy. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval of the contractors proposed to to. be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may require against liabilities which may arise out of such entry. , Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement Date. Tenant shall protect, defend, indemnify and save harmless Landlord from all all. liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in in. the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the the: Lease.

ACCESS BY TENANT PRIOR TO COMMENCEMENT OF TERM. Landlord at its discretion may permit Tenant and its agents to enter the Premises prior to the Commencement Date to prepare the Premises for Tenant's use and occupancyoccupancy without incurring Rent obligations solely as a result of such entry. Any such permission shall constitute a license only, conditioned upon Tenant's: (a) working in harmony with Landlord and Landlord's agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord's approval (not to be unreasonably withheld, conditioned or delayed) of the contractors proposed to be used by Tenant and depositing with Landlord in advance of any work (i) security satisfactory to Landlord for the completion thereof, and (ii) the contractor's affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (c) furnishing Landlord with such insurance as Landlord may reasonably require against liabilities which may arise out of such entry. Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours' written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's property or installations in the Premises prior to the Commencement DateDate unless resulting from Landlord's gross negligence or willful misconduct. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Premises or the Building. Any entry and occupation permitted under this Section shall be governed by Section 5 and all other terms of the Lease, including, without limitation, Section 3B of the Lease.