Common use of Access During Construction Clause in Contracts

Access During Construction. At such time as such Initial Premises or portions thereof are Sufficiently Complete, the Tenant thereafter shall have, at no cost to the Landlord, full and completed access to such applicable portion of the Initial Premises and all utilities for the purpose of preparing such space for the Tenant’s occupancy, including, but not limited to, moving and installing furniture, fixtures, and equipment, installing supplemental cabling and communications and computer equipment and other technology related equipment, decorating, and performing any other tasks deemed necessary or useful by the Tenant in preparing the Initial Premises for the Tenant’s occupancy. The Tenant acknowledges for itself and its authorized agents, employees and contractors that the access to the Initial Premises shall be afforded during such time as the Initial Premises Work shall be continuing, or any portion thereof, and in that regard, the Tenant releases the Landlord and its members, officers, directors, employees, agents and contractors, from any claim, liability, loss or damage arising out of or related to such access to a site in which the Initial Premises Work is on-going, including without limitation damage to completed portions of the Initial Premises Work, and the Tenant assumes all risk associated with such access, except to the extent of the gross negligence or willful misconduct of the Landlord and its members, officers, directors, employees, agents or contractors. In that regard, the Tenant agrees to indemnify, defend and hold harmless the Landlord and its members, officers, directors, employees, agents and contractors in connection with any claim made against the Landlord arising out of the Tenant’s access to the Initial Premises, or any portion thereof, during such construction phase, except to the extent of the gross negligence or willful misconduct of the Landlord and its members, officers, directors, employees, agents or contractors.

Access During Construction. At such time as such Initial Premises or portions thereof are Sufficiently Complete, During construction of the Tenant thereafter Improvements and with prior approval of Landlord, Tenant shall have, at no cost be permitted reasonable access to the Landlord, full and completed access to such applicable portion of the Initial Premises and all utilities for the purpose purposes of preparing such space for the Tenant’s occupancytaking measurements, includingmaking plans, but not limited to, moving and installing furniture, trade fixtures, and equipmentdoing such other work as may be appropriate or desirable to enable Tenant to assume possession of and operate in the Premises; provided, installing supplemental cabling however, that such access does not interfere with or delay construction work on the Premises and communications does not include moving furniture or similar items into the Premises. Prior to any such entry, Tenant shall comply with all insurance provisions of the Lease. All waiver and computer equipment indemnity provisions of the Lease shall apply upon Tenant’s entry of the Premises. LEASE ADDENDUM NUMBER TWO [BASE YEAR calendar year] ADDITIONAL RENT - OPERATING EXPENSE PASS THROUGHS. For the calendar year commencing on January 1, 2003 and other technology related equipmentfor each calendar year thereafter, decoratingTenant shall pay to Landlord, as Additional Rent, Tenant’s Proportionate Share of any increase in Operating Expenses (as hereinafter defined) incurred by Landlord’s operation or maintenance of the Building above the Operating Expenses Landlord incurred during the Base Year (as hereinafter defined). For purposes of calculating Tenant’s Proportionate Share of real and personal property taxes, Landlord shall use the calendar 2003 Base Year. Tenant’s Proportionate Share shall be calculated by dividing the approximately 61,669 square feet of the Premises by the approximately 114,472 net square feet of the Building, which equals 53.87% (provided, however, said calculation shall be subject to adjustment pursuant to the terms of Section 3 hereof). If during any calendar year the occupancy of the rentable area of the Building is less than 95% full, then Operating Expenses (as hereinafter defined) will be adjusted for such calendar year at a rate of 95% occupancy. For the calendar year commencing on January 1, 2003 and for each calendar year thereafter during the Term, Landlord shall estimate the amount the Operating Expenses shall increase for such calendar year above the Operating Expenses incurred during the Base Year. Landlord shall send to Tenant a written statement of the amount of Tenant’s Proportionate Share of any estimated increase in Operating Expenses and Tenant shall pay to Landlord, monthly or annually, Tenant’s Proportionate Share of such increase in Operating Expenses. Within ninety (90) days after the end of each calendar year or as soon as possible thereafter, Landlord shall send a copy of the Annual Statement to Tenant. Pursuant to the Annual Statement, Tenant shall pay to Landlord Additional Rent as owed or Landlord shall adjust Tenant’s Rent payments if Landlord owes Tenant a credit. After the Expiration Date, Landlord shall send Tenant the final Annual Statement for the Term, and performing Tenant shall pay to Landlord Additional Rent as owed or if Landlord owes Tenant a credit, then Landlord shall pay Tenant a refund. If there is a decrease in Operating Expenses in any other tasks deemed necessary or useful by the Tenant in preparing the Initial Premises subsequent year below Operating Expenses for the Tenant’s occupancy. The Tenant acknowledges for itself and its authorized agents, employees and contractors that the access to the Initial Premises Base Year then no additional rent shall be afforded during such time as due on account of Operating Expenses, but Tenant shall not be entitled to any credit, refund or other payment that would reduce the Initial Premises Work amount of other additional rent or Base Rent owed. If this Lease expires or terminates on a day other than December 31, then Additional Rent shall be continuing, prorated on a 365-day calendar year (or any portion thereof, and in that regard, 366 if a leap year). All payments or adjustments for Additional Rent shall be made within thirty (30) days after the Tenant releases the Landlord and its members, officers, directors, employees, agents and contractors, from any claim, liability, loss or damage arising out of or related applicable Statement is sent to such access to a site in which the Initial Premises Work is on-going, including without limitation damage to completed portions of the Initial Premises Work, and the Tenant assumes all risk associated with such access, except to the extent of the gross negligence or willful misconduct of the Landlord and its members, officers, directors, employees, agents or contractors. In that regard, the Tenant agrees to indemnify, defend and hold harmless the Landlord and its members, officers, directors, employees, agents and contractors in connection with any claim made against the Landlord arising out of the Tenant’s access to the Initial Premises, or any portion thereof, during such construction phase, except to the extent of the gross negligence or willful misconduct of the Landlord and its members, officers, directors, employees, agents or contractors.

Access During Construction. At such time as such Initial Premises or portions thereof are Sufficiently Complete, During construction of the Tenant thereafter Improvements and with prior approval of Landlord, Tenant shall have, at no cost be permitted reasonable access to the Landlord, full and completed access to such applicable portion of the Initial Premises and all utilities for the purpose purposes of preparing such space for the Tenant’s occupancytaking measurements, includingmaking plans, but not limited to, moving and installing furniture, trade fixtures, and equipmentdoing such other work as may be appropriate or desirable to enable Tenant to assume possession of and operate in the Premises; provided, installing supplemental cabling however, that such access does not interfere with or delay construction work on the Premises and communications does not include moving furniture or similar items into the Premises. Prior to any such entry, Tenant shall comply with all insurance provisions of the Lease. All waiver and computer equipment indemnity provisions of the Lease shall apply upon Tenant’s entry of the Premises. EXHIBIT D DIESEL GENERATOR SYSTEM Tenant shall have the right at Tenant’s sole cost and other technology expense (which may be deducted from Tenant’s Allowance), subject at all times to compliance with the terms of this Exhibit C, to install at the Building to service the Premises, an above ground emergency 277/480 volt diesel generator with an approximate capacity of 125 KW and associated systems related equipmentdirectly thereto, decorating(hereinafter collectively referred to as the “Diesel Generator System”). Tenant agrees that the location, construction and installation of the Diesel Generator System for the Building shall be subject to the prior written approval by Landlord. Tenant shall submit detailed plans and specifications for the Diesel Generator Systems for the Building to Landlord for its review, and performing if approved by Landlord, for Landlord’s approval prior to the commencement of any other tasks deemed necessary or useful by construction. Tenant agrees that Landlord shall have the right to require Tenant to make changes in preparing the Initial Premises Tenant’s plans and specifications for the Tenant’s occupancyDiesel Generator System to avoid any adverse effects to the Premises, the Building, the tenants of the Building or any of the other buildings within Parkway Plaza. The It is understood and agreed that any Diesel Generator System must be installed only at the Building and that the Diesel Generator System shall not serve any locations other than the Premises. Tenant acknowledges for itself and its authorized agentsagrees that in addition to any approval given by Landlord, employees in the event that fuel or lubricating oil storage tank(s) and contractors that the access to the Initial Premises shall be afforded during such time dispensing or distribution systems are installed as the Initial Premises Work shall be continuing, or any portion thereof, and in that regard, the Tenant releases the Landlord and its members, officers, directors, employees, agents and contractors, from any claim, liability, loss or damage arising out part of or related to such access to a site in which the Initial Premises Work is on-goingDiesel Generator System then Tenant, including without limitation damage to completed portions of the Initial Premises Workat its sole expense, and the Tenant assumes all risk associated with such access, except to the extent of the gross negligence or willful misconduct of the Landlord and its members, officers, directors, employees, agents or contractors. In that regard, the Tenant agrees to indemnify, defend and hold harmless the Landlord and its members, officers, directors, employees, agents and contractors in connection with any claim made against the Landlord arising out of the Tenant’s access to the Initial Premises, or any portion thereof, during such construction phase, except to the extent of the gross negligence or willful misconduct of the Landlord and its members, officers, directors, employees, agents or contractors.shall:

Access During Construction. At such time as such Initial Premises or portions thereof are Sufficiently Complete, During construction of the Tenant thereafter Improvements and with prior approval of Landlord, Tenant shall have, at no cost be permitted reasonable access to the Landlord, full and completed access to such applicable portion of the Initial Premises and all utilities for the purpose purposes of preparing such space for the Tenant’s occupancytaking measurements, includingmaking plans, but not limited to, moving and installing furniture, trade fixtures, and equipmentdoing such other work as may be appropriate or desirable to enable Tenant to assume possession of and operate in the Premises; provided, installing supplemental cabling and communications and computer equipment and other technology related equipmenthowever, decorating, and performing any other tasks deemed necessary or useful by the Tenant in preparing the Initial Premises for the Tenant’s occupancy. The Tenant acknowledges for itself and its authorized agents, employees and contractors that the access to the Initial Premises shall be afforded during such time as the Initial Premises Work shall be continuing, or any portion thereof, and in that regard, the Tenant releases the Landlord and its members, officers, directors, employees, agents and contractors, from any claim, liability, loss or damage arising out of or related to such access does not interfere with or delay construction work on the Premises. Prior to a site in which the Initial Premises Work is on-goingany such entry, including without limitation damage to completed portions Tenant shall comply with all insurance provisions of the Initial Premises Work, and the Tenant assumes all risk associated with such access, except to the extent of the gross negligence or willful misconduct of the Landlord and its members, officers, directors, employees, agents or contractorsLease. In that regard, the Tenant agrees to indemnify, defend defend, and hold Landlord harmless from and against any suits, claims, damages, costs, expenses and liabilities asserted against or incurred by Landlord or the Landlord and its members, officers, directors, employees, agents and contractors in connection with any claim made against property as a result of Tenant accessing the Landlord arising out Premises during construction of the Tenant’s access to Tenant Improvements. SCHEDULE 1 TO LEASE ADDENDUM NUMBER ONE [ALLOWANCE] LEASE ADDENDUM NUMBER TWO [BASE YEAR] ADDITIONAL RENT - OPERATING EXPENSE PASS THROUGHS For the Initial Premises, or any portion thereof, during such construction phase, except to the extent calendar year commencing on January 1ST of the gross negligence first calendar year after the Base Year (as hereinafter defined) and for each calendar year thereafter, Tenant shall pay to Landlord as Additional Rent, Tenant's Proportionate Share of any increase in Operating Expenses (as hereinafter defined) incurred by Landlord's operation or willful misconduct maintenance of the Building over the Operating Expenses incurred by Landlord and its membersduring calendar year 2016 (the "Base Year"). Tenant's Proportionate Share shall be calculated by dividing the 8,724 rentable square feet of the Premises by the 515,965 net rentable square feet of the Building, officerswhich equals 1.70%. If during any calendar year (including, directorswithout limitation, employeesthe Base Year) the occupancy of the rentable area of the Building is less than 95% full, agents or contractorsthen any variable components of Operating Expenses (as hereinafter defined) will be adjusted for such calendar year at a rate of 95% occupancy.

Access During Construction. At such time During construction of the Tenant Improvements -------------------------- in the Premises with the approval of Landlord, Tenant shall be permitted reasonable access to the Premises, as long as such Initial access does not interfere with or delay construction work on the Premises or portions thereof are Sufficiently Complete, the Tenant thereafter shall have, at no cost to the Landlord, full and completed access to such applicable portion of the Initial Premises and all utilities for the purpose purposes of preparing such space for the Tenant’s occupancytaking measurements, includingmaking plans, but not limited to, moving and installing furniture, trade fixtures, and equipmentdoing such other work as may be appropriate or desirable to enable Tenant eventually to assume possession of and operate in the Premises. Tenant agrees that any entry prior to the Commencement Date shall be deemed to be under the terms and conditions of this Lease, installing supplemental cabling and communications and computer equipment and other technology related equipment, decoratingexcept as to the covenant to pay rent, and performing further agrees that Landlord shall not be liable in any other tasks deemed necessary or useful by the Tenant in preparing the Initial Premises way for the Tenant’s occupancy. The Tenant acknowledges for itself and its authorized agents, employees and contractors that the access to the Initial Premises shall be afforded during such time as the Initial Premises Work shall be continuing, or any portion thereof, and in that regard, the Tenant releases the Landlord and its members, officers, directors, employees, agents and contractors, from any claim, liabilityinjury, loss or damage that may occur to any of Tenant's work or installations made in the Premises or to property placed therein, and Tenant agrees to protect, defend, indemnify and save harmless Landlord and Landlord's agents and employees from any liabilities, costs, damages, fees and expenses arising out of or related in connection with the activities of Tenant or its agents, contractors, suppliers or workers in or about the Premises and Building. LEASE ADDENDUM NUMBER TWO [BASE YEAR calendar year] ADDITIONAL RENT - OPERATING EXPENSE PASS THROUGHS. For the calendar year commencing on January 1, 2002 and for each calendar year thereafter, Tenant shall pay to such access to Landlord as Additional Rent, in a site lump sum, Tenant's Proportionate Share of any increase in Operating Expenses (as hereinafter defined) incurred by Landlord's operation or maintenance of the Building above the Operating Expenses Landlord incurred during the Base Year (as hereinafter defined). For purposes of calculating Tenant's Proportionate Share of real and personal property taxes, Landlord shall use the Base Year or the year in which the Initial Premises Work is on-goingBuilding and improvements are completed and are fully assessed, including without limitation damage to completed portions whichever shall be later. Tenant's Proportionate Share shall be calculated by dividing the approximately 18,258 rentable square feet of the Initial Demised Premises Workby the approximately 115,000 net rentable square feet of the Building, which equals 15.8765%. If during any calendar year the occupancy of the rentable area of the Building is less than full, then Operating Expenses (as hereinafter defined) will be adjusted for such calendar year at a rate of 95% occupancy. For the calendar year commencing on January 1, 2002 and for each calendar year thereafter during the Term, Landlord shall estimate the amount the Operating Expenses shall increase for such calendar year above the Operating Expenses incurred during the Base Year. Landlord shall send to Tenant a written statement of the amount of Tenant's Proportionate Share of any estimated increase in Operating Expenses and Tenant shall pay to Landlord, monthly or annually, Tenant's Proportionate Share of such increase in Operating Expenses. Within ninety (90) days after the end of each calendar year or as soon as possible thereafter, Landlord shall send a copy of the Annual Statement to Tenant. Pursuant to the Annual Statement, Tenant shall pay to Landlord Additional Rent as owed or Landlord shall adjust Tenant's Rent payments if Landlord owes Tenant a credit, such payment or adjustment to be made within thirty (30) days after the Annual Statement is received by Tenant. After the Termination Date, Landlord shall send Tenant the final Annual Statement for the Term, and Tenant shall pay to Landlord Additional Rent as owed or if Landlord owes Tenant a credit, then Landlord shall pay Tenant a refund. If this Lease expires or terminates on a day other than December 31, then Additional Rent shall be prorated on a 365-day calendar year (or 366 if a leap year). During the Term, Landlord shall provide Tenant assumes all risk associated with such accessa detailed statement of Operating Expenses for the previous year, except within thirty (30) days of Tenant's written request for the same. If Tenant disputes the amount of Operating Expenses as set forth in the Annual Statement from the Landlord, then Tenant may have Landlord's books and records relating to the extent Operating Expenses audited by a qualified professional selected by Tenant or by Tenant itself, provided (i) Tenant gives written notice of the gross negligence or willful misconduct audit within forty-five (45) days of Tenant's receipt of the Landlord Annual Statement, and its members, officers, directors, employees, agents or contractors(ii) Tenant is not in default under the Lease after the passage of any applicable cure period. In that regard, the Tenant agrees No subtenant shall have any right to indemnify, defend conduct an audit and hold harmless the Landlord and its members, officers, directors, employees, agents and contractors no assigns shall conduct an audit for any period during which such assignee was not in connection with any claim made against the Landlord arising out possession of the Premises. Books and records necessary to accomplish any audit permitted under this Section shall be retained for twelve months after the end of each calendar year, and on receipt of notice of Tenant’s access 's dispute of the operating expenses shall be made available to Tenant to conduct the Initial audit, which (at Landlord's option) may be either at the Premises, or at Landlord's office in Raleigh, North Carolina. If Tenant and Landlord dispute the amount of operating expenses after Tenant's Audit, then Landlord's independent certified public accountant shall consult with Tenant's professional to reconcile any portion thereofdiscrepancies. In the event that the Tenant elects to have a professional audit Landlord's Operating Expenses as provided in this Lease, during such construction phaseaudit must be conducted by an independent nationally or regionally recognized accounting firm that is not being compensated by Tenant on a contingency fee basis. All information obtained through such audit as well as any compromise, settlement or adjustment reached as a result of such audit shall be held in strict confidence by Tenant and its officers, agents, and employees and as a condition to such audit, Tenant's auditor shall execute a written agreement agreeing that the auditor is not being compensated on a contingency fee basis and that all information obtained through such audit as well as any compromise, settlement or adjustment reached as a result of such audit, shall be held in strict confidence and shall not be revealed in any manner to any person except upon the prior written consent of the Landlord, which consent may be withheld in Landlord's sole discretion, or if required pursuant to any litigation between Landlord and Tenant materially related to the extent facts disclosed by such audit, or if required by law. If Operating Expenses were overstated by ten percent (10%) or more, then Landlord shall reimburse Tenant for its reasonable audit costs; otherwise, Tenant shall pay its own costs and shall reimburse Landlord for the reasonable costs of Landlord's certified public accountant. As used herein, the gross negligence or willful misconduct of following terms shall have the Landlord and its members, officers, directors, employees, agents or contractors.following meanings ascribed to them: