Common use of Early Entry into Premises Clause in Contracts

Early Entry into Premises. Provided that the existing occupant of the Premises has vacated and surrendered the Premises, Tenant may enter into the Premises upon receipt of Landlord's consent, solely for the purpose of and, subject to Tenant's compliance with Paragraph 7 below, a security system, installing furniture, special flooring or carpeting, trade fixtures, telephones, computers, photocopy equipment, and other business equipment including racks and inventory. Such early entry will not advance the Commencement Date so long as Tenant does not commence business operations from any part of the Premises. All of the provisions of this Lease shall apply to Tenant during any early entry, including the indemnity in Paragraph 12.1, but excluding the obligation to pay Rent unless and until Tenant has commenced business operations in the Premises, whereupon Rent shall commence. Landlord may revoke its permission for Tenant's early entry to the extent Tenant's activities or workers interfere with the completion of Landlord's Work. If Tenant is granted early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees (collectively, "TENANT'S PARTIES"), except to the extent resulting from Landlord's gross negligence or willful misconduct. Landlord shall have the right to post appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to paragraphs 7(d) and 12.3 of this Lease.

Early Entry into Premises. Provided that the existing occupant of the Expansion Premises has vacated is vacant and surrendered the Premisesin ------------------------- Landlord's possession, Tenant may enter into the Expansion Premises upon receipt prior to the Expansion Premises Commencement Date immediately following the execution and delivery of Landlord's consentthis Second Amendment, solely for the purpose of and, subject to Tenant's compliance with Paragraph 7 below, a security system, installing furniture, special flooring or carpeting, trade fixtures, telephones, computers, photocopy equipment, and other business equipment including racks equipment, for construction and inventoryinstallation of tenant improvements therein and for the occupancy of not more than 3,000 usable square feet thereof for business purposes. Such early entry will not advance the Expansion Premises Commencement Date so long as Tenant does not commence business operations from any part more than 3,000 useable square feet of the Expansion Premises. All of the provisions of this Lease shall apply to Tenant during any early entry, including the indemnity in Paragraph 12.1Section 8C, but excluding the obligation to pay Rent unless and until the earlier of (a) Tenant has commenced business operations from more than 3,000 useable square feet in the Expansion Premises, or (b) Expansion Premises Commencement Date, whereupon Rent shall commencecommence in accordance with Section 2A above. Landlord may revoke its permission Tenant shall not be obligated to pay any charges for Tenant's electricity, HVAC, water, elevators, parking or access to loading docks during such early entry to the extent Tenant's activities or workers interfere with the completion of Landlord's Workperiod. If Tenant is granted early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees (collectively, "TENANT'S PARTIES"), except to the extent resulting from LandlordTenant's gross negligence or willful misconductParties. Landlord shall have the right to post appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to paragraphs 7(d) and 12.3 of this Lease.

Early Entry into Premises. Provided that the existing occupant of the Premises has vacated and surrendered the Premises, Tenant may enter into the Premises upon receipt of Landlord's ’s consent, solely for the purpose of and, subject to Tenant's compliance with Paragraph 7 below, a security system, installing furniture, special flooring or carpeting, trade fixtures, telephones, computers, photocopy equipment, and other business equipment including racks and inventoryequipment. Such early entry will not advance the Commencement Date so long as Date, provided (i) Tenant does not commence business operations from any part of the Premises. All of the provisions of this Lease shall apply to Tenant during any early entry, including the indemnity in Paragraph 12.1, but excluding the obligation to pay Rent unless and until Tenant has commenced business operations in the Premises, whereupon Rent shall commence. Landlord may revoke its permission for (ii) Tenant's ’s early entry to the extent Tenant's activities does not interfere with, or workers interfere with delay, the completion of Landlord's Workthe Tenant Improvements. If Tenant is granted allowed early entry, Landlord shall not be responsible for for, and Tenant is required to obtain insurance covering, any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at or Landlord, or any contractor or individual involved in the Premises completion of the Tenant Improvements, or for any injury to Tenant or its Tenant’s employees, agents, employees, contractors, subcontractorslicensees, subtenantsdirectors, assigns officers, partners, trustees, visitors or invitees (collectively, "TENANT'S PARTIES"), except “Tenant’s Employees”) or to the extent resulting from Landlord's gross negligence or willful misconductany other person. Landlord shall have the right to post the appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to paragraphs 7(d) and 12.3 of this Lease. To the extent any such early entry actually delays the substantial completion of the Tenant Improvements, such delay, but only to the extent that such early entry actually delays the completion of the Tenant Improvements, shall constitute a Tenant Delay.] [*OPTION B: USE WHEN TENANT IMPROVEMENTS ARE TO BE CONSTRUCTED BY TENANT IN THE PREMISES*]

Early Entry into Premises. Provided that the existing occupant of the Premises has vacated and surrendered the Premises, Tenant may enter into the Premises prior to Substantial Completion, upon receipt of Landlord's consentprior written consent (which shall not be unreasonably withheld or delayed), solely for the purpose of and, subject to Tenant's compliance with Paragraph 7 below, a security system, installing furniture, special flooring or carpeting, furniture and trade fixtures, and installing and testing telephones, wiring, computers, photocopy equipment, and other business equipment including racks and inventoryequipment. Such early entry will not advance the Commencement Date so long as Tenant does not commence business operations from any part of the Premises. All of the provisions of this Lease shall apply to Tenant during any early entry, including the indemnity in Paragraph 12.1insurance provisions of the Lease, but excluding the obligation to pay Base Rent unless and until Tenant has commenced business operations in the Premises, whereupon Base Rent shall commence. Landlord may revoke its permission for Tenant's early entry to the extent if Tenant's activities or workers interfere with the completion of Landlord's Workthe Tenant Improvements. If Tenant is granted early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees (collectively, "TENANT'S PARTIES"), Tenant's Agents except to that caused as a direct result of the extent resulting from Landlord's gross negligence or willful misconductmisconduct of Landlord. Landlord shall have the right to post appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to paragraphs 7(d) and 12.3 the provisions of this Lease.. During such early entry, Landlord shall have in place the insurance set forth in Section 4.14 below, and shall, after written request by Tenant, provide certificates of insurance, or their equivalents, to Tenant, evidencing the same. 2.4

Early Entry into Premises. Provided that the existing occupant of the Premises has vacated and surrendered the Premises, Tenant may enter into the Premises prior to Landlord's anticipated date of Substantial Completion of the Premises, upon receipt of Landlord's consent, solely for the purpose of and, subject to Tenant's compliance with Paragraph 7 below, a security system, installing furniture, special flooring or carpeting, trade fixtures, telephones, computers, photocopy equipment, and other business equipment including racks and inventoryequipment. Such early entry will not advance the Commencement Date so long as Tenant does not commence business operations from any part the entire Premises, or interfere with or delay the Substantial Completion of the PremisesTenant Improvements. All of the provisions of this Lease shall apply to Tenant during any early entry, including the indemnity in Paragraph 12.1contained herein, but excluding the obligation to pay Base Rent and Additional Rent unless and until Tenant has commenced business operations in any portion of the Premises, whereupon Base Rent and Additional Rent shall commence. Landlord may revoke its permission for Tenant's early entry to the extent if Tenant's activities or workers interfere with the completion of Landlord's Workthe Tenant Improvements. If Tenant is granted early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees (collectively, "TENANT'S PARTIES"), except to the extent resulting from LandlordTenant's gross negligence or willful misconductAgents. Landlord shall have the right to post appropriate notices of non-responsibility and to require Tenant to provide Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to paragraphs 7(d) and 12.3 Section 4.13 of this Lease. In addition to the rights granted to Tenant in the immediately preceding paragraph, and notwithstanding anything to the contrary contained therein, Tenant may take partial possession of the Premises (i.e., the entire Premises excluding only the conference room and the bathrooms to be constructed pursuant to the Tenant Work Letter) and commence business operations therefrom upon the satisfaction of all of the following conditions: (a) the portion of the Premises so being possessed by Tenant has been substantially completed; (b) such possession is permitted by applicable Governmental Requirements and, if necessary, a partial certificate of occupancy for the portion so being possessed has been obtained (with any additional cost incurred by Landlord to obtain such partial certificate of occupancy being paid solely by Tenant); (c) Tenant's partial possession of the Premises will not and does not, in Landlord's reasonable judgment, interfere with the construction and timely completion of the remainder of the Premises (and, to the extent there exists any such interference, the same shall constitute a "Tenant Delay"); and (d) Tenant shall pay Base Rent and Additional Rent on the portion so possessed, which amount shall be calculated as a fraction of the Base Rent and Additional Rent otherwise payable under this Lease, the numerator of which shall be the rentable square footage of the portion so possessed, and the denominator of which shall be the total rentable square footage of the Premises; and (e) such possession shall not advance the Commencement Date, it being understood and agreed to by Tenant that the Commencement Date will not occur until the entire Premises is substantially completed or Tenant has commenced business operations from the entire Premises, as provided in Section 2.5 below. Notwithstanding anything contained in this Lease to the contrary. Tenant's commencement of business from any portion of the Premises shall conclusively be deemed to be Tenant's Waiver of Tenant's rights under Section 2.5 below if the Premises are not substantially completed by the Target Date and/or the Outside Date (i.e., Tenant shall no longer be entitled to any credit against Base Rent to terminate this Lease pursuant to the provisions of Section 2.5).