Common use of Early Access to Expansion Space Clause in Contracts

Early Access to Expansion Space. Provided Tenant does not interfere with Landlord’s construction of the 4th Floor Work and the 6th Floor Work, as the case may be, Tenant shall have early access to the 4th Floor Space and the 6th Floor Space, as the case may be, fourteen (14) days prior to Landlord’s then-current estimated date of delivery of the 4th Floor Space and the 6th Floor Space, as the case may be (the “Access Date”). Such early occupancy shall be subject to all of the terms and conditions of the Lease (as amended hereby), except for Tenant’s obligation to pay Rent for the applicable portion of the Expansion Space (which obligation shall commence upon the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, as the case may be). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, as the case may be (the “Early Occupancy Period”). During the Early Occupancy Period, Tenant may enter the 4th Floor Space or the 6th Floor Space, as the case may be (but not any other portion of the Building or the Project other than the Existing Premises) for the sole purpose of installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and such installation shall be permitted only to the extent the same will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant or Landlord’s construction of the Expansion Space Work or otherwise delay Landlord’s delivery of any portion of the Expansion Space to Tenant. The provisions of Sections 5.7 and Article 7 of the Lease with respect to Tenant’s insurance and indemnity obligations shall apply in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early entry, and (y) comply with all laws applicable to such early entry work in the Expansion Space.

Early Access to Expansion Space. Provided Tenant does not interfere with Landlord’s construction of the 4th Floor Work that this Amendment and the 6th Floor WorkEarly Possession Agreement (as defined below) have been fully executed by all parties and Tenant has delivered all prepaid rental, as the case may beadditional Security Deposit, and insurance certificates required hereunder, Landlord grants Tenant shall have early access the right to enter the Expansion Space prior to the 4th Floor Space Expansion Effective Date at Tenant’s sole risk, solely for the purpose of installing telecommunications and the 6th Floor Spacedata cabling, as the case may beequipment, fourteen (14) days furnishings and other personalty. Such possession prior to Landlord’s then-current estimated date of delivery of the 4th Floor Space and the 6th Floor Space, as the case may be (the “Access Date”). Such early occupancy Expansion Effective Date shall be subject to all of the terms and provisions of the Lease, as amended hereby, except that Tenant shall not be required to pay Monthly Installment of Rent or Tenant’s Proportionate Share of Expenses and Taxes attributable to the Expansion Space with respect to the period of time prior to the Expansion Effective Date during which Tenant occupies the Expansion Space solely for such purposes. However, Tenant shall be liable for any utilities or special services provided to Tenant during such period. Notwithstanding the foregoing, if Tenant takes possession of the Expansion Space before the Expansion Effective Date for any purpose other than as expressly provided in this Section, such possession shall be subject to the terms and conditions of the Lease (and this Amendment and Tenant shall pay Monthly Installment of Rent and Tenant’s Proportionate Share of Expenses and Taxes any other rent and charges payable under the Lease, as amended hereby), except applicable to the Expansion Space to Landlord for Tenant’s obligation to pay Rent for the applicable portion each day of possession of the Expansion Space (which obligation before the Expansion Effective Date. Landlord may withdraw such permission to enter the Expansion Space prior to the Expansion Effective Date at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of the Tenant Alterations described in Exhibit B at the earliest possible date. As a condition to any early entry to the Expansion Space by Tenant pursuant to this Section 8, Tenant shall commence upon the 4th Floor Space Commencement Date execute and the 6th Floor Space Commencement Date, as the case may be). Such period of deliver to Landlord an early occupancy shall commence on the Access Date and continue through the date immediately preceding the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, as the case may be possession agreement (the “Early Occupancy PeriodPossession Agreement”). During ) in the Early Occupancy Period, Tenant may enter the 4th Floor Space or the 6th Floor Space, form attached hereto as the case may be (but not any other portion of the Building or the Project other than the Existing Premises) for the sole purpose of installing telephones, electronic communication equipment, fixtures and furnitureExhibit C, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and such installation shall be permitted only to the extent the same will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant or Landlord’s construction of the Expansion Space Work or otherwise delay Landlord’s delivery of any portion of the Expansion Space to Tenant. The provisions of Sections 5.7 and Article 7 of the Lease with respect to Tenant’s insurance and indemnity obligations shall apply in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior setting forth the actual date for early possession as to and as a condition to such early entry, and (y) comply with all laws applicable to such early entry work in the Expansion Space.

Early Access to Expansion Space. Provided Subject to the terms of this Paragraph 9 and provided that this Third Amendment has been fully executed by all parties and Tenant does not interfere with Landlord’s construction of has delivered the 4th Floor Work and insurance certificates required hereunder, Landlord grants Tenant the 6th Floor Work, right to enter the Expansion Space at such time as the case may beexisting tenants in the Expansion Space have vacated and surrendered the Expansion Space to Landlord, at Tenant’s sole risk, solely for the purpose of performing the Tenant shall have early access Alterations described in Exhibit C attached hereto and installing telecommunications and data cabling, equipment, furnishings and other personalty. Such possession prior to the 4th Floor Space and the 6th Floor Space, as the case may be, fourteen (14) days prior to Landlord’s then-current estimated date of delivery of the 4th Floor Space and the 6th Floor Space, as the case may be (the “Access Date”). Such early occupancy Suite 750 Expansion Effective Date shall be subject to all of the terms and conditions of the Lease (Lease, as amended hereby), except for Tenant’s obligation that Tenant shall not be required to pay Monthly Installment of Rent with respect to the period of time prior to the Suite 750 Expansion Effective Date during which Tenant occupies the Expansion Space solely for such purposes. However, Tenant shall be liable for any utilities or special services provided to Tenant during such period. Notwithstanding the applicable portion foregoing, if Tenant takes possession of the Expansion Space (which obligation before the Suite 750 Expansion Effective Date for any purpose other than as expressly provided in this paragraph, such possession shall commence upon be subject to the 4th Floor Space Commencement Date terms and conditions of the 6th Floor Space Commencement DateLease, as amended hereby, and Tenant shall pay Monthly Installment of Rent and any other charges payable under the case may be). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the 4th Floor Space Commencement Date and the 6th Floor Space Commencement DateLease, as amended hereby, to Landlord for each day of possession before the case may be Suite 750 Expansion Effective Date. Said early possession shall not advance the April 30, 2014 Lease termination date. As a condition to any early entry by Tenant pursuant to this Paragraph 9, Tenant shall execute and deliver to Landlord an early possession agreement (the “Early Occupancy PeriodPossession Agreement”)) in a form reasonably acceptable to Tenant, provided by Landlord, which form shall set forth only the actual date for early possession and the date for the commencement of payment of Monthly Installment of Rent with respect to the Expansion Space. During Landlord shall use commercially reasonable efforts to provide Tenant with early access to the Early Occupancy Period, Tenant may enter the 4th Floor Expansion Space or the 6th Floor Space, as the case may be (but not any other portion of the Building or the Project other than the Existing Premises) for the sole purpose of installing telephones, electronic communication equipment, fixtures and furniture, dates described in Section 3; provided that Tenant any failure or inability by Landlord to provide early access by such date shall be solely responsible for all of the foregoing and not subject Landlord to any liability for any loss or damage thereto from any cause whatsoever. Such early access and such installation to Tenant resulting therefrom, except that the Suite 750 Expansion Effective Date shall be permitted only to the extent the same will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant or Landlord’s construction of the Expansion Space Work or otherwise delay Landlord’s delivery of any portion of the Expansion Space to Tenant. The provisions of Sections 5.7 and Article 7 of the Lease with respect to Tenant’s insurance and indemnity obligations shall apply delayed as described in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early entry, and (y) comply with all laws applicable to such early entry work in the Expansion SpaceSection 3.

Early Access to Expansion Space. Provided Tenant does may enter the portion of the Suite Nos. G, H & J Expansion Space that constitutes Suite Nos. G & H as of the Effective Date of this Seventh Amendment, but any early entry into the portion of the Suite Nos. G, H & J Expansion Space that constitutes Suite No. J requires not interfere less than forty-five (45) days prior written notice to Landlord. During any period that Tenant shall be permitted to enter the Suite Nos. G, H & J Expansion Space prior to the Suite Nos. G, H & J Expansion Effective Date (e.g., to perform alterations or improvements, if any), Tenant shall comply with all terms and provisions of the Existing Lease, except those provisions requiring payment of Base Rent or Additional Rent as to the Suite Nos. G, H & J Expansion Space. If Tenant takes possession of and occupies the Suite J Expansion Space prior to the Suite Nos. G, H & J Expansion Effective Date for any reason whatsoever (other than the performance of work in the Suite J Expansion Space with Landlord’s construction of the 4th Floor Work and the 6th Floor Workprior approval), as the case may be, Tenant shall have early access to the 4th Floor Space and the 6th Floor Space, as the case may be, fourteen (14) days prior to Landlord’s then-current estimated date of delivery of the 4th Floor Space and the 6th Floor Space, as the case may be (the “Access Date”). Such early occupancy such possession shall be subject to all of the terms and conditions of the Existing Lease (as amended hereby), except for Tenant’s obligation to pay Rent for the applicable portion of the Expansion Space (which obligation shall commence upon the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, as the case may be). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, as the case may be (the “Early Occupancy Period”). During the Early Occupancy Period, Tenant may enter the 4th Floor Space or the 6th Floor Space, as the case may be (but not any other portion of the Building or the Project other than the Existing Premises) for the sole purpose of installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such early access and such installation shall be permitted only to the extent the same will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant or Landlord’s construction of the Expansion Space Work or otherwise delay Landlord’s delivery of any portion of the Expansion Space to Tenant. The provisions of Sections 5.7 and Article 7 of the Lease with respect to Tenant’s insurance and indemnity obligations shall apply in full during the Early Occupancy Periodthis Seventh Amendment, and Tenant shall pay Base Monthly Rent and Additional 00038102.7 4 Rent as applicable to the Suite J Expansion Space occupied to Landlord on a per diem basis for each day of occupancy prior to the Suite Nos. G, H & J Expansion Effective Date (xsuch occupancy date is hereafter defined as the “Suite J Expansion Space Early Occupancy Date”) in accordance with Paragraphs 2 and 3 of the Suite J Expansion Space Early Occupancy Date Letter (whether or not the same is delivered to Tenant). At Landlord’s option, promptly after the determination of the Suite J Expansion Space Early Occupancy Date, if any, Landlord and Tenant shall execute and deliver a commencement letter in the form attached hereto as Exhibit B (the “Suite J Expansion Space Early Occupancy Date Letter”). Tenant’s failure to execute and return the Suite J Expansion Space Early Occupancy Date Letter, or to provide certificates of insurance evidencing written objection to the existence and amounts of liability insurance carried statements contained in the Suite J Expansion Space Early Occupancy Date Letter, within thirty (30) days after the date such Suite J Expansion Space Early Occupancy Date Letter is delivered to Tenant, if at all, shall be deemed an approval by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early entry, and (y) comply with all laws applicable to such early entry work in of the Expansion Spacestatements contained therein.

Early Access to Expansion Space. Provided During any period that Tenant does not interfere with Landlord’s construction of shall be permitted to enter the 4th Floor Work and Expansion Space prior to the 6th Floor WorkExpansion Effective Date (e.g., as the case may beto perform alterations or improvements), Tenant shall have early access comply with all terms and provisions of the Lease, except those provisions requiring payment of Base Rent or Additional Rent as to the 4th Floor Expansion Space. If Tenant takes possession of the Expansion Space prior to the Expansion Effective Date for any reason whatsoever (other than as expressly set forth below), such possession shall be subject to all the terms and conditions of the Lease and this Amendment, and Tenant shall pay Base Rent and Additional Rent as applicable to the Expansion Space to Landlord on a per diem basis for each day of occupancy prior to the Expansion Effective Date. Notwithstanding the foregoing, upon the later to occur of (a) November 1, 2005 and (b) the date that this Amendment is fully executed and delivered by the parties hereto and Tenant delivers to Landlord the additional Security Deposit and the 6th Floor Spaceinsurance certificates required hereunder, as Tenant, at Tenant’s sole risk, shall be permitted to occupy the case may bePremises solely for purposes of performing the Tenant Alterations pursuant to Exhibit B attached hereto and for installing furniture, fourteen (14) days equipment or other personal property. Such possession prior to Landlord’s then-current estimated date of delivery of the 4th Floor Space and the 6th Floor Space, as the case may be (the “Access Date”). Such early occupancy Expansion Effective Date shall be subject to all of the terms and conditions of the Lease (Lease, as amended hereby), except for that Tenant shall not be required to pay Base Rent or Tenant’s obligation to pay Rent Proportionate Share of Operating Expenses for the applicable portion of the Expansion Space (which obligation shall commence upon with respect to the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, as the case may be). Such period of early occupancy shall commence on time prior to the Access Expansion Space Date and continue through during which Tenant occupies the date immediately preceding the 4th Floor Expansion Space Commencement Date and the 6th Floor Space Commencement Datefor such purposes. However, as the case may be (the “Early Occupancy Period”). During the Early Occupancy Period, Tenant may enter the 4th Floor Space or the 6th Floor Space, as the case may be (but not any other portion of the Building or the Project other than the Existing Premises) for the sole purpose of installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible liable for all of Base Rent and Additional Rent payable with respect to the foregoing Original Premises and for any loss special or damage thereto from any cause whatsoeverafter hour services provided to Tenant during such period as described above. Such early access and such installation shall be permitted only to the extent the same will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant or Landlord’s construction of the Expansion Space Work or otherwise delay Landlord’s delivery of any portion of the Expansion Space to Tenant. The provisions of Sections 5.7 and Article 7 of the Lease with respect to Tenant’s insurance and indemnity obligations shall apply in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early entry, and (y) comply with all laws applicable to such early entry work in the Expansion Space.{2011-0761/00030501

Early Access to Expansion Space. Provided During any period that Tenant does not interfere with Landlord’s construction of shall be permitted to enter the 4th Floor Work and Expansion Space prior to the 6th Floor WorkExpansion Effective Date (e.g., to perform alterations or improvements as permitted in the case may besubsequent grammatical paragraph), Tenant shall have early access comply with all terms and provisions of the Lease, except those provisions requiring payment of Base Rent or Additional Rent as to the 4th Floor Expansion Space. If Tenant takes possession of the Expansion Space and the 6th Floor Space, as the case may be, fourteen (14) days prior to Landlord’s then-current estimated date the Expansion Effective Date for any reason whatsoever (other than the performance of delivery of work in the 4th Floor Expansion Space and as permitted in the 6th Floor Spacesubsequent grammatical paragraph), as the case may be (the “Access Date”). Such early occupancy such possession shall be subject to all of the terms and conditions of the Lease (and this Amendment, and Tenant shall pay Base Rent as amended hereby), except for Tenant’s obligation applicable to pay Rent for the applicable portion of the Expansion Space to Landlord on a per diem basis for each day of occupancy prior to the Expansion Effective Date. Tenant and its contractors shall be afforded reasonable access to the Expansion Space during the approximately two (which obligation shall commence upon 2) weeks preceding the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Expansion Effective Date, as the case may be). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the 4th Floor Space Commencement Date and the 6th Floor Space Commencement Date, as the case may be reasonably estimated by Landlord (the “Early Occupancy Access Period”). During the Early Occupancy Period, Tenant may enter the 4th Floor Space or the 6th Floor Spacesubject, as the case may be (but not any other portion of the Building or the Project other than the Existing Premises) in each instance, to Landlord’s reasonable scheduling and supervision, solely for the sole purpose purposes of installing telephonesdata and communications wiring and equipment and furniture systems being purchased and installed by Tenant, electronic communication equipmentprovided, fixtures and furniturehowever, provided that Tenant shall be solely responsible for all of the foregoing and for any loss or damage thereto from any cause whatsoever. Such Tenant’s early access and for such installation limited purposes shall be permitted only to the extent the same will not interfere with the access, use and occupancy performance of the Building Landlord Expansion Work, as reasonably determined by Landlord. Landlord’s scheduling and supervision of such work shall not render Landlord responsible for the performance of such work or for any defect therein. Any interference which delays the Project by completion of the Landlord Expansion Work shall constitute a Tenant Delay, as defined in Paragraph 2.A above, and Landlord shall have the right, on notice to Tenant, to cause Tenant or any other tenant such contractor, xxxxxxx or occupant or Landlord’s construction of supplier to leave the Expansion Space Work if Landlord determines that any such party is or otherwise delay may interfere with the activities of Landlord’s delivery of . Tenant further agrees that any portion of entry into the Expansion Space to Tenant. The provisions of Sections 5.7 and Article 7 of the Lease with respect to shall be at Tenant’s insurance and indemnity obligations shall apply in full during the Early Occupancy Periodown risk, and Tenant Landlord shall (x) provide certificates not be liable for any injury, loss or damage which may occur to any of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a condition to such early entry, and (y) comply with all laws applicable to such early entry work Tenant’s property or Tenant’s installations made in the Expansion Space.