Common use of Early Access Clause in Contracts

Early Access. Subject to the terms of this Paragraph 2.B and provided that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below), Landlord shall grant Tenant access to the Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Such access prior to the Commencement Date shall be subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide any services or utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the same. Said early access shall not advance the Expiration Date. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the Base

Early Access. Subject So long as Landlord shall have first received payment of the first installment of Base Rent payable hereunder, evidence of the insurance coverage required pursuant to Section 9, and the Security Deposit required pursuant to Section 11, then Landlord shall provide Tenant early access (i) to the terms 20 Xxxxxx Xxxx Premises as of the date of this Paragraph 2.B Lease, and provided that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below), Landlord shall grant Tenant access ii) to the 24 Cherry Hill Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant 2017. Such early access shall be to perform Tenant's Work as set forth in Exhibit D attached hereto. In connection with such access , Tenant agrees (a) to cease promptly upon notice from Landlord any Tenant's Work which is not set forth on Exhibit D, is not directly related to the entire Phase I Premises; (2) on Work described therein or before June 1is not otherwise in compliance with the provisions of this Lease, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3b) on to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Tenant's Work with any other activity or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor work in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to LandlordBuilding. Such access prior by Tenant shall be deemed to the Commencement Date shall be subject to all of the applicable provisions of the Lease, except that there shall be no obligation on the part of Tenant solely because of such access to pay Base Rent, Taxes or Operating Expenses prior to the Commencement Date with respect to the 20 Xxxxxx Xxxx Premises or prior to the 20 Xxxxxx Xxxx Commencement Date with respect to the 20 Xxxxxx Xxxx Premises. If Tenant fails to comply with the terms and conditions of this Lease, except that (i) Tenant shall not be required Lease applicable to pay Base Monthly Rental or any charge for standard services provided by Landlord such early access during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide any services or utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the same. Said early access shall not advance the Expiration Date. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than after one (1) business day after prior notice from Landlord, Landlord provides shall have the right to immediately suspend Tenant's right to right to access the Premises early. Anything herein to the contrary notwithstanding, if early access to the 20 Xxxxxx Xxxx Premises is not delivered to Tenant with written notice by April 15, 2017, or possession of the same20 Xxxxxx Xxxx Premises is not delivered to Tenant by May 15, 2017, then any resulting for each day of delay in Landlord’s Substantial Completion of thereafter, the Base20 Xxxxxx Xxxx Base Rent Abatement Period shall be extended by one day.

Early Access. Subject to the terms of this Paragraph 2.B It is acknowledged and provided agreed that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below), Landlord shall grant Tenant access to the Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors a portion of the Phase III Premises. Following Expansion Premises consisting of 17,210 square feet of rentable floor area located on the Early Access Date for second (2nd) floor of the Phase I Premises, Landlord shall provide early access to either Building (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect Premises Component”) is currently vacant, Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015, Tenant shall have the right to access the Early Access Premises Component prior to the Phase I Premises, the date on which the Early Access III Expansion Premises Commencement Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of performing marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Such access prior to the Commencement Date shall be subject to upon all of the terms and conditions of this Leasethe Lease including, except that without limitation, Tenant’s entitlement to use, in connection with such Early Access Premises Component (i) Tenant or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; at Tenant’s sole risk, and (ii) Landlord shall not be obligated responsible for any injury to provide any services persons or utilities damage to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the same. Said early access shall not advance the Expiration Date. During any property resulting from such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvementsby Tenant. In the event that Tenant shall enter into a sublease for any portion or all of the Early Access Premises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Date, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such early access Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant adversely impacts or otherwise delays or interferes with Landlordfrom such sublease (without taking into account any of Tenant’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and costs incurred in subleasing such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the Basespace).

Early Access. Subject Notwithstanding anything to the terms of contrary in this Paragraph 2.B and provided that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below)Lease, Landlord shall grant Tenant access to deliver the Premises to Tenant in Base Building Condition (hereinafter defined) but otherwise in its as-is condition so that Tenant can commence the Early Access Delivery Condition in accordance with construction of the Initial Alterations pursuant to this Paragraph 2.B as follows: on or before April 14. Landlord estimates that it will deliver the Premises to Tenant ninety (90) days after the date of mutual execution and delivery of this Lease (the “Estimated Delivery Date”), 2020however, Landlord in no event will grant early access to the entire Phase I Premises; Commencement Date occur earlier than two hundred ten (2210) on or before June 1days after mutual execution and delivery of this Lease, 2020, Landlord will grant early access to all unless Tenant commences business operations from within the Premises within 210 days of such mutual lease execution and delivery. The actual date of delivery of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access Premises to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors Tenant in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Base Building Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Delivery Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Such access prior to the Commencement Date shall be subject to all .” All of the terms and conditions of this LeaseLease shall apply during the period commencing on the Delivery Date and ending concurrently with the Commencement Date of this Lease (the “Early Access Period”), except that no Monthly Rent or payments under Paragraph 7 below shall be due during such Early Access Period. Notwithstanding the foregoing: (i) if the Delivery Date has not occurred within ninety (90) days following the Estimated Delivery Date (the “First Outside Delivery Date”), unless such failure is due to a delay caused by Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours Tenant Parties (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which (“Tenant accesses the Premises Delay”) or Force Majeure, then Tenant shall be entitled, as its sole and exclusive remedy for such purposesdelay, to an extension of the Abated Rent Period for one (1) day for each day after the First Outside Delivery Date until the Delivery Date; and (ii) Landlord shall if the Delivery Date has not be obligated to provide any services or utilities to occurred within one hundred twenty (120) days after the Premises until the Initial Commencement Estimated Delivery Date (and at the “Second Outside Delivery Date”), unless such time failure is due to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard Tenant Delay or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early accessForce Majeure, Tenant shall be liable for have the same. Said early access shall not advance option, in Tenant’s sole discretion, of either continuing with an extension of the Expiration Abated Rent Period or, in lieu thereof, to terminate this Lease at any time after the Second Outside Delivery Date and prior to the Delivery Date. During any such early access periodWhen used herein, Landlord “Base Building Condition” shall mean that the Building’s roof system, structure and Tenant shall reasonably cooperate all other Building standard systems (mechanical, electrical, plumbing, HVAC and life safety systems) are in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the Baseworking order.

Early Access. Subject Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the Premises consisting of approximately 33,597 rentable square feet as shown on the attached Exhibit A-1 (“Early Access Premises”) prior to the terms of this Paragraph 2.B and provided that this Lease has been fully executed by all parties and Commencement Date for Tenant has delivered to use the Early Access Deliverables (as defined below), Landlord shall grant Tenant access to the Premises for staging in the Early Access Delivery Condition in accordance connection with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence Tenant’s construction of the Tenant Improvements until Tenant has obtained all required building permits (as defined in Exhibit X attached to commence Construction therefor and delivered the Lease). Tenant’s access to Landlord a copy of such permits to Landlord. Such access the Early Access Premises prior to the Commencement Date shall be subject to all of the terms and conditions obligations of this the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access Premises shall be $47,035.80 per month (ibased on $1.40 per rentable square foot of the Early Access Premises) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours pro rated on a per diem basis, and “Tenant’s Share” of “Operating Expenses” (as defined in Paragraph 14.A below) with respect Exhibit B attached to the Lease) for the Early Access Premises shall be “fixed” at the amount of $8,399.25 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of time prior said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide any services or utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the same. Said early access shall not advance the Expiration Date. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the BaseLease unless Tenant commences its regular business activities therefrom.

Early Access. Subject The foregoing in this Paragraph 1 notwithstanding, Tenant shall have the right, at no cost to Tenant (but subject to all the other terms and conditions of the Lease and this Amendment, including without limitation, Tenant’s obligations to maintain insurance), to access the New Space beginning approximately fourteen (14) days prior to the terms New Space Lease Commencement Date (“New Access Period”) for the limited purposes of this inspecting the New Space and installing telephone and computer cabling and Tenant’s moveable furniture, furnishings, fixtures, equipment, and other moveable personal property, and such activities shall not constitute the “beneficial use of the Premises” for purposes of Paragraph 2.B and provided that this Lease has been fully executed by all parties and Tenant has delivered l(c)(ii) above (i.e., for the Early avoidance of doubt, Xxxxxx’s entry upon the New Space during the New Access Deliverables (as defined below), Landlord shall grant Tenant access to the Premises in the Early Access Delivery Condition Period in accordance with this Paragraph 2.B as follows: on 1(d) shall not trigger the New Space Lease Commencement Date). Tenant’s entry upon the New Space during the New Access Period shall not interfere with or before April 1, 2020, Landlord will grant early access to delay the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all performance of the Floors of Landlord’s Relocation Work. To facilitate Xxxxxx’s entry upon the Phase II Premises; and New Space during the New Access Period, Tenant shall provide Landlord with at least three (3) on days’ prior notice of Tenant’s initial entry during the New Access Period, and thereafter Tenant shall coordinate with Landlord’s representative regarding Xxxxxx’s subsequent entries upon the New Space during the New Access Period. If an uncured monetary Event of Default is then occurring, then at Landlord’s election, Tenant shall not have any right to enter upon the New Space during the New Access Period. The placement of any cabling, furniture, furnishings, fixtures, equipment, or before January 1other property within the Premises by Tenant or its Invitees during the New Access Period shall be at Tenant’s sole risk, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which and Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely responsible for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Such access prior to the Commencement Date shall be subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental any loss or damage thereto from any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide any services or utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the same. Said early access shall not advance the Expiration Date. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the Basecause whatsoever.

Early Access. Subject to the terms of this Paragraph 2.B Section 2.3, and provided that this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, the Early Access Deliverables L-C (as defined belowin Section 21.1), Landlord shall grant Tenant access to the Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020and insurance certificates required hereunder, Landlord will grant early access grants Tenant the right to the entire Phase I Premises; enter (2i) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, Premises as of the date on which Landlord provides early access delivers the entirety of the Phase I Premises to such Floor Tenant in the Early Access Delivery Condition (the “Phase I Premises Delivery Date”); provided that in no event shall the Phase I Premises Delivery Date be prior to the Target Phase I Premises Delivery Date, and (ii) the Phase II Premises as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, of the date on which Landlord would have delivers no less than seven (7) full floors of the Phase II Premises to Tenant in the Delivery Condition (the “Phase II Premises Delivery Date”); provided such that in no event shall the Phase II Premises Delivery Date be prior to the Target Phase II Premises Delivery Date and provided further that if Landlord delivers less than the entirety of the Phase II Premises on the Phase II Premises Delivery Date, Landlord shall deliver the remainder of the Phase II Premises promptly upon Landlord’s possession of same. Landlord shall not be permitted to deliver less than seven (7) full floors of the Phase II Premises on the Phase II Premises Delivery Date. Tenant’s early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B Section 2.3 shall be at Tenant’s sole risk, solely for the purpose of performing the Tenant ImprovementsImprovements (as defined in Exhibit B attached hereto), installing telecommunications and data cabling, equipment, furnishings and other personalty; provided, however, in no event shall Tenant commence construction of personalty and moving into the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor Phase I Premises and delivered to Landlord a copy of such permits to Landlordthe Phase II Premises. Such access possession prior to the Lease Commencement Date shall be subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours freight elevator usage, security, access to loading docks, utilities, HVAC (as such term is defined in Paragraph 14.A Section 6.1.1 below) ), Base Rent or Tenant’s Share of Direct Expenses with respect to the period of time prior to the applicable Lease Commencement Date during which Tenant accesses occupies the Premises solely for such purposespurposes (the “Construction Period”) and to the extent Landlord fails to deliver at least seven (7) floors of the Phase II Premises on the Phase II Premises Delivery Date, the Construction Period for the floors of the Phase II Premises delivered after the Phase II Premises Delivery Date shall be extended by the number of days in the period commencing on the Phase II Premises Delivery Date and ending on the actual date of delivery of such floors; and (ii) Landlord provided, however, that during the Construction Period Tenant shall not be obligated to pay (a) the costs and expenses, calculated in accordance with the TCCs of Section 6.2, associated with any HVAC provided to Tenant after Building Hours (as defined below) at Tenant’s request and (b) Landlord’s reasonable costs and expenses to provide any services additional Building security after Building Hours required due to any reasonable increased risk to property at the Building from Tenant’s construction activities as mutually agreed upon by Landlord and Tenant or utilities as may otherwise be required by applicable Law. Notwithstanding the foregoing, if Tenant takes possession of the Phase I Premises prior to the Phase I Premises Lease Commencement Date and/or the Phase II Premises prior to the Phase II Premises Lease Commencement Date for the conduct of Tenant's business, Tenant’s possession thereof shall be subject to the terms and conditions of this Lease and Tenant shall pay Base Rent and any other Rent applicable to such portion of the Phase I Premises and/or the Phase II Premises (on a suite by suite basis) and payable hereunder to Landlord for each day of possession following the date upon which Tenant commences conduct of business on such portion of the Premises until the Initial Phase I Premises Lease Commencement Date (and at such time to and/or the Floors for which a Phase II Premises Lease Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are locatedDate, as applicable. In the event During any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of such early accessaccess as set forth in this Section 2.3, in no event may Tenant cause a dangerous situation for Landlord, Tenant shall be liable for the sameor their respective contractors or employees. Said early access possession shall not advance the Lease Expiration Date. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the Base.

Early Access. Subject to the terms and conditions of this Paragraph 2.B Section 2.4, Tenant shall have the right to enter and provided occupy the Premises from and after the date that this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables is twenty-one (as defined below), Landlord shall grant Tenant access 21) days prior to the Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B Lease Commencement Date, as follows: on or before April 1, 2020, reasonably estimated by Landlord will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the Early Access Delivery Condition (as defined below) or, if Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any ), solely for purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and special equipment, and to “fix-up” the Premises for Tenant’s intended use (but not to operate Tenant’s business), and such early access provided entry for such purposes shall not trigger the Lease Commencement Date. Tenant agrees that (i) any such early entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant shall not unreasonably interfere with Landlord or other tenants in the Building, and (iii) all terms, provisions and conditions of this Lease shall apply (except for the payment of Base Rent and Additional Rent), including, but not limited to, (a) Tenant’s obligation to provide Landlord with evidence of liability insurance coverage pursuant to this Paragraph 2.B shall be solely for the purpose of performing the Tenant ImprovementsSections 10 and 12 below, installing cabling, equipment, furnishings and other personalty(b) Tenant’s indemnity obligations pursuant to Section 13 below; provided, however, in no event shall Tenant commence construction of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Such access prior to the Commencement Date shall be subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide any services deliver possession of the Premises to Tenant until Landlord has received from Tenant insurance certificates as required under Sections 10 and 12 below. If Landlord chooses not to deliver possession of the Premises to Tenant because Landlord has not received the required insurance certificates, the Lease Commencement Date shall not be affected or utilities delayed thereby. Notwithstanding anything in this Section 2.4 to the contrary, if, as of the Early Access Date, Landlord reasonably determines that Tenant’s early access to the Premises until will unreasonably interfere with the completion of the Initial Commencement Date Improvements, then (1) Landlord may limit or otherwise restrict Tenant’s early access rights, and at such time to the Floors for which a Commencement Date has occurred(2) other than electricity and water Tenant shall not, in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event connection with any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for interfere with the same. Said early access shall not advance the Expiration Date. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice completion of the same, then any resulting delay in Landlord’s Substantial Completion of the BaseInitial Improvements.

Early Access. Subject After Landlord determines that the Landlord’s Third Floor Expansion Premises TI Work has sufficiently progressed to the terms point where permitting Tenant to enter the Third Floor Expansion Premises will not adversely affect the timely completion of this Paragraph 2.B the remaining elements of Landlord’s Third Floor Expansion Premises TI Work, then prior to the Third Floor Expansion Premises Commencement Date Landlord shall permit Tenant to enter the Third Floor Expansion Premises for the purpose of preparing the Third Floor Expansion Premises for occupancy by Tenant. Any such early entry shall be at Tenant’s sole risk and provided that this Lease has been fully executed expense, and, excepting only to the extent caused by all parties the gross negligence or willful misconduct of Landlord or and Tenant has delivered the Early Access Deliverables (as defined below)of Landlord’s agents, employees or contractors, Landlord shall grant have no liabilities or obligations to Tenant access in connection therewith, including any liability for damage or injury to persons or property in connection therewith. Upon such entry, Tenant shall be bound by and shall comply with all provisions of this Lease (excepting only the Premises in obligations to pay Base Rent, Tenant’s Pro Rata Share of Expenses, Tenant’s Pro Rata Share of Laboratory Expenses, Tenant’s Pro Rata Share of Taxes or the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B Amenity Fee with respect to the Phase I Third Floor Expansion Premises. With respect to each Floor), including the date on which Landlord provides early access to such Floor provisions of this Lease regarding obtaining and maintaining insurance coverages, and the performance of Alterations in the Early Access Delivery Condition (as defined below) orThird Floor Expansion Premises, if notwithstanding that the Third Floor Expansion Premises Commencement Date may not yet have occurred. Without limitation, all of such work performed by Tenant has failed to deliver the Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Date,” and Third Floor Expansion Premises shall be coordinated with respect to the Phase I Premises, the date on which the Early Access Date for each Floor in the Phase I Premises occurred is referred to herein as the “Early Access Date”. Any such early access provided any work being performed by Landlord pursuant and in such manner as to this Paragraph 2.B shall be solely for the purpose of performing the Tenant Improvements, installing cabling, equipment, furnishings and other personalty; provided, however, in maintain harmonious labor relations. In no event shall any such work by Tenant commence construction damage the Building or the Third Floor Expansion Premises or interfere with the timely performance of the Tenant Improvements until Tenant has obtained all required building permits to commence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Such access prior to the Commencement Date shall be subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the period of time prior to the Commencement Date during which Tenant accesses the Premises for such purposes; and (ii) Landlord shall not be obligated to provide any services or utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to Tenant during any such period of early access, Tenant shall be liable for the same. Said early access shall not advance the Expiration Date. During any such early access period, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a temporary certificate of occupancy (a “TCO”) or its equivalent for the Third Floor Expansion Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the same, then any resulting delay in Landlord’s Substantial Completion of the BaseTI Work.