Common use of Early Entry Clause in Contracts

Early Entry. Subject to the following provisions of this Section 2.3, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors.

Early Entry. Subject to the following provisions of this Section 2.3Tenant and its authorized agents, Tenant contractors, subcontractors and employees shall have the right be granted a license by Landlord to enter upon the Premises no earlier than fifteen Premises, at Tenant's sole risk and expense, at least ten (1510) days prior to the Possession Commencement Date to install phone systems, furniture, fixtures and equipment, etc. so long as such entry does not interfere with Landlord's work in the Premises or in the Project; provided, however, that (a) the provisions of this Lease (other than with respect to the payment of Monthly Rent or payment of Operating Expenses and Additional Rent for Operating Expenses (i.e. both Project Costs and Real Property Taxes)), shall apply during such early entry for such purposes shall entry, including, but not constitute occupancy for operation limited to, the provisions of Article XI relating to Tenant's business indemnification of Landlord, (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article XI, (c) Tenant shall not trigger pay all separately metered utility, service and maintenance charges for the Possession Date or Premises attributable to Tenant's early entry and use of the Commencement Date. Premises as reasonably determined by Landlord, (d) prior to such entry, Tenant agrees shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) any such early entry by Tenant shall be at Monthly Rent and Tenant's sole riskShare of estimated Operating Expenses for the first (1st) month) of the Term in which such amounts are due, plus (ii) the Security Deposit set forth in Item 10 of the Basic Lease Provisions, and (e) Tenant shall not interfere with Landlord the completion of the Tenant Improvements or Landlord's contractors completing work within the Premises or cause other improvements in any labor difficulties; way. Upon Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period breach of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entryforegoing conditions, useLandlord may, constructionin addition to exercising any of its other rights and remedies set forth herein, or occupancy of the Premises by Tenant or its agents, employees or contractorsrevoke such license upon notice to Tenant.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the following provisions of this Section 2.3Premises is available for Tenant’s entry, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant’s sole cost and expense, furniture, Tenant’s trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation be required to pay any Rent on account thereof, provided none of Tenant's business ’s operating personnel occupy said Premises. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 2.C shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's ’s sole risk, (ii) Tenant shall not interfere with Landlord or delay Landlord's contractors completing ’s work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney’s fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant’s work in said Premises delays the completion of the Tenant Improvements to be provided by Landlord, use, constructionif any, or in the event Tenant has not completed construction of its interior improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of (x) occupancy of any portion of the Premises by any of Tenant’s operating personnel for the conduct of any of its business pursuant to Paragraph 2.B(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of May 1, 2006 regardless of the construction status of said interior improvements completed or to be completed by Tenant or its agentsLandlord, employees as the case may be. It is the intent of the parties hereto that the commencement of Tenant’s obligation to pay Rent under the Lease not be delayed by any of such causes or contractors.by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant. Initial: [Illegible] Multi Tenant/Single Parcel Page 2 of 30 BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A.

Early Entry. Subject Notwithstanding anything to the following provisions of this Section 2.3contrary in Paragraphs 2B and ----------- 2C, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant's sole cost and expense, furniture, Tenant's trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation of Tenant's business be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 40 shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's sole risk, (ii) Tenant shall not interfere --------- with Landlord or delay Landlord's contractors completing work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy in the event Tenant has not completed construction of it's interior improvements by the scheduled Page 9 Initial: /s/ MS MCD MRB --------------------- Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of June 1, 1995 regardless of the Premises construction status of said interior improvements completed or to be completed by Tenant or its agents, employees or contractorsLandlord.

Early Entry. Subject Landlord hereby agrees that upon prior written notice to the following provisions of this Section 2.3Landlord, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days and its authorized agents, contractors, subcontractors and employees may, during ordinary business hours prior to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be , at Tenant's sole risk, enter upon the Premises for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of this Lease, other than with respect to the payment of Monthly Rent and items payable by Tenant and Additional Rent (other than Tenant's insurance obligations as set forth in Paragraph 20 of the Lease), shall apply during such early entry, specifically including, but not limited to, the provisions of Paragraph 20(a) relating to the indemnification of Landlord; (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within pay for and provide evidence of the Premises or cause any labor difficultiesInsurance to be provided by Tenant pursuant to the provisions of Paragraph 20 of the Lease; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by pay all provisions of this Lease during utility charges for the period of any such Premises attributable to Tenant's early entry except for and use of the payment of Rent, Premises as reasonably determined by Landlord; and (iv) prior to entry upon Tenant will not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the Premises by Tenant, construction of the Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply improvements in accordance with the provisions of this Lease relating to insurance, (v) Lease. Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes period of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the such early entry, use, construction, or . Early entry under this Paragraph 4(b) shall not constitute occupancy of the Premises by Tenant or its agents, employees or contractorsfor purposes of establishing the Commencement Date.

Early Entry. Subject If TENANT is permitted entry to the following Leased Premises prior to the Commencement Date for the purpose of installing fixtures or any other purpose permitted by LANDLORD, the early entry will be at TENANT’s sole risk and subject to all the terms and provisions of this Section 2.3, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or LEASE as though the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole riskDate had occurred, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenantrent, which coverage must comply will commence on the Commencement Date. TENANT, its agents, or employees will not interfere with or delay LANDLORD’s completion of construction of the improvements. All rights of TENANT under this Section 3.2 will be subject to the requirements of all applicable building codes, zoning requirements, and federal, state, and local laws, rules, regulations and other Applicable Requirements, and shall be exercised solely in a manner which does not interfere with or delay LANDLORD’s compliance with any Applicable Requirements, including the obtaining of a certificate of occupancy for the Leased Premises. LANDLORD retains the absolute right, in Landlord’s sole discretion, to impose additional conditions on TENANT’s early entry which LANDLORD, in its sole discretion, deems appropriate. TENANT agrees, as conditions of such early entry: (i) to indemnify and to hold LANDLORD free and harmless from any claims, damages or losses arising out of such early entry into possession, and (ii) to deliver to LANDLORD written proof of TENANT’s full compliance with the insurance provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the LEASE. LANDLORD may require that TENANT execute an early entry on agreement confirming other conditions of early entry prior to the date of TENANT’s early entry (the “Early Entry Date”), or to refuse or terminate any right of early entry at any time. Notwithstanding any grant by LANDLORD to TENANT of permission to receive early entry to the Leased Premises: (a) such permission shall not be deemed permission to make any use of any other portions of the project or common areas without the prior written consent of LANDLORD to such use; and (b) LANDLORD shall not have any obligations to maintain, repair or alter the Leased Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and nor have any liability respecting the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out condition of the Leased Premises during such early entryentry period, except and unless specifically provided by written agreement hereafter made with respect to any early entry period. If TENANT commences to use the Leased Premises for its proposed use prior to the Commencement Date, then rent shall be paid on a prorata basis during such period of use, construction, or occupancy of . TENANT shall transfer the Premises by Tenant or electrical utility into its agents, employees or contractorsresponsibility prior to any early entry into the Leased Premises.

Early Entry. Subject to the following provisions of this Section 2.3Tenant and its authorized agents, Tenant contractors, subcontractors and employees shall have the right be granted a license by Landlord to enter upon the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systemsPremises, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole riskrisk and expense, during ordinary business hours prior to the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that: (i) the provisions of this Lease, other than with respect to the payment of Monthly Rent, Operating Expenses and Real Property Taxes, shall apply during such early entry, including, but not limited to, the provisions of Article 11 relating to Tenant's indemnification of Landlord; (ii) prior to any such entry, Tenant shall not interfere with Landlord or Landlord's contractors completing work within pay for and provide evidence of the Premises or cause any labor difficultiesinsurance to be provided by Tenant pursuant to the provisions of Section 8.4 and Article 11; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with pay all utility, service and be bound by all provisions of this Lease during maintenance charges for the period of any such Premises attributable to Tenant's early entry except for and use of the payment of Rent, Premises as reasonably determined by Landlord; (iv) prior to entry upon Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the Premises by Tenant, construction of the Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply improvements in accordance with the provisions of this Lease relating to insurance, Lease; and (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work shall not use the Premises for the storage of inventory or otherwise commence the operation of business in or from the Premises during the period of such early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against entry. Upon Tenant's breach of any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entryforegoing conditions, useLandlord may, constructionin addition to exercising any of its other rights and remedies set forth herein, or revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises by Tenant or its agents, employees or contractorsfor purposes of establishing the Commencement Date.

Early Entry. Subject to the following provisions of this Section 2.3, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree shall be permitted to comply with enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all applicable lawsof the terms and conditions of this Lease, regulations, permits and other approvals except that Tenant shall not be required to perform pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's SOLE RISK, (ii) not interfere with or delay Landlord's work during the early entry on in the Premises, and (viiii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant agrees to shall indemnify, protectdefend, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy in the event Tenant has not completed the aforementioned installations by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of October 15, 1994 regardless of the Premises by Tenant or its agents, employees or contractorsconstruction status of said interior improvements.

Early Entry. Subject to the following provisions of this Section 2.33, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior Expansion Space at any time on or after September 1, 1999, for the purpose of constructing tenant improvements to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Expansion Space ("Tenant's business Work"). Tenant's Work shall be constructed in accordance with the provisions of Section 10 of the Lease and shall not trigger the Possession Date with Landlord's requirements for improvements or the Commencement Datealterations by Tenant. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, (ii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry entry, except for the payment of monthly Base Rent, including, but not limited to, the payment of Tenant's Share of Operating Expenses, Real Property Taxes and insurance, (iviii) prior to entry upon the Premises Expansion Space by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this the Lease relating to insurance, (viv) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premiseswork, and (viv) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises Expansion Space by Tenant or its agents, employees or contractors.

Early Entry. Subject Notwithstanding anything to the following provisions of contrary in this Section 2.3Lease, Tenant shall have may, prior to Landlord's Contractor's Substantial Completion of the right to Tenant Improvements, enter the Premises no earlier than fifteen and the License Areas (15as defined in Paragraph 55.a. below) days prior to for the Possession Date to install phone systemspurpose of installing telephones, furniturecabling, fixtures and electronic communication or related equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by fixtures, provided that Tenant shall be at Tenant's sole risksolely responsible for any of such equipment, (ii) Tenant shall not interfere with fixtures, or material and for any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord's contractors completing work within contractors. Such early access to the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors License Areas and such installation shall be permitted only to the extent that Landlord determines that such early access and installation activities will be subject to and will work under the direction of not delay Landlord's contractor, (iii) Contractor's completion of the construction of the Tenant shall comply with and be bound by all Improvements. The provisions of this Lease the final grammatical paragraph of Paragraph 8.a. below, the provisions of Paragraph 9.a. below (except the requirement of the Alteration Operations Fee), the provisions of Paragraph 55 and the provisions of Paragraphs 14 and 15 below shall apply in full during the period of any such early entry except for the payment entry, and Tenant shall (i) provide certificates of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates insurance evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all applicable laws, regulations, permits and other approvals required applicable to perform its work during the such early entry on work in the Premises. Notwithstanding the foregoing, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out if such early access or installation delays or interferes with Landlord's construction of the early entry, use, constructionTenant Improvements, or occupancy increases the cost of the Premises by Tenant or its agentsImprovements, employees or contractorsthe same shall be a Tenant Delay.

Early Entry. Subject to the following provisions of this Section 2.3Paragraph 9 (“As Is Basis”), upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the Premises is available for Tenant’s entry, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant’s sole cost and expense, furniture, Tenant’s trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers (“Tenant’s Work”). Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation be required to pay any Rent on account thereof, provided none of Tenant's business ’s operating personnel occupy said Premises. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 2.C shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's ’s sole risk, (ii) Tenant shall not interfere with Landlord or delay Landlord's contractors completing ’s work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney’s fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant’s Work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or in the event Tenant has not completed Tenant’s Work by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of (x) occupancy of any portion of the Premises by any of Tenant’s operating personnel for the conduct of any of its business pursuant to Paragraph 2.B(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of November 1, 2006 regardless of the construction status of said interior improvements completed or to be completed by Tenant or its agentsLandlord, employees as the case may be. It is the intent of the parties hereto that the commencement of Tenant’s obligation to pay Rent under the Lease not be delayed by any of such causes or contractors.by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant. It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A.

Early Entry. Subject to Notwithstanding the following provisions fact that the term of this Section 2.3Lease does not commence until the later of Substantial Completion of Landlord’s Work or December 1, 2023, Tenant shall have the right to enter into the Premises no earlier than fifteen ten (1510) business days prior to occupancy, subject to all terms and conditions of this Lease, for the Possession Date to install phone systems, furniture, fixtures installation of equipment and equipment, etctrade fixtures. and such The foregoing right of early entry for such purposes shall be subject to each of the following terms and conditions: (a) Tenant's entry prior to the commencement of the Lease shall not constitute occupancy for operation materially interfere with the construction or completion of any Landlord's Work or cause labor difficulties; (b) Tenant's business entry prior to the Lease Commencement Date shall be deemed to be on, and shall be subject to, all of the terms and conditions of the Lease, other than the obligation to pay Basic Monthly Rent and Additional Rent; (c) Tenant must, and hereby does, agree to indemnify, defend, and hold harmless Landlord and Landlord's agents, employees, and contractors against all claims, liability, and damages arising from Tenant's entry prior to the Lease Commencement Date in accordance with the indemnity provisions under the Lease; (d) Tenant's entry prior to the Lease Commencement Date does not trigger constitute the Possession Date or commencement of the Lease; and (e) Landlord will permit entry by Xxxxxx's contractors into the Premises for the purposes of performing Tenant's Work, if any (as defined in Exhibit "C"), prior to the Lease Commencement Date. Tenant agrees , subject to satisfaction of the conditions set forth in the Lease and in Exhibit “C”, and (i) any such early entry by Tenant shall be at Tenant's sole risk, (iif) Tenant shall not interfere with have provided proof of insurance (including early access insurance) to Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on accessing the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the following provisions of this Section 2.3Premises is available for Tenant’s entry, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant’s sole cost and expense, furniture, Tenant’s trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation be required to pay any Rent on account thereof, provided none of Tenant's business ’s operating personnel occupy said Premises. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 2.C shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's ’s sole risk, (ii) Tenant shall not interfere with Landlord or delay Landlord's contractors completing ’s work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney’s fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant’s work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy in the event Tenant has not completed construction of its interior improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of the scheduled Commencement Date of January 1, 2005, or the date described in Paragraph 2.B (‘Tender of Possession”), regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord, as the case may be. It is the intent of the parties hereto that the commencement of Tenant’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have Initial: MMK BUILDING: 1098 Alta PROPERTY: 1-0001 UNIT: 1 LEASE ID: 0001-SONI01-01 commenced absent delay caused by Tenant. Provided the Lease is executed and delivered to Landlord no later than 5:00 p.m. on November 2, 2004 and Tenant does not interfere with Landlord’s work in the Premises, Landlord shall deliver early entry of the Premises by to Tenant or its agentswith carpet in place and cubicles fully installed no later than December 20, employees or contractors.2004. It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A.

Early Entry. Subject to the following provisions of this Section 2.3Landlord shall permit Tenant and its agents or representatives (which may include Tenant’s architect, Tenant shall have the right project manager and/or contractor) to enter upon the Demised Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation during the performance of Tenant's business and shall not trigger the Possession Date Landlord’s Work so that Tenant or the Commencement Date. Tenant agrees its agents or representatives may (i) any such early entry by Tenant shall be at Tenant's sole risktake measurements, (ii) prepare a general lay-out of the Proposed Plans, (iii) install Tenant’s data, telephone, telecommunications and computer wiring and/or cabling which, in accordance with sound construction practices, should be completed prior to the completion of a corresponding element of Landlord’s Work, and/or (iv) perform Tenant’s Fixturing, subject in all cases to, and in accordance with, all of the covenants, agreements, terms, provisions and conditions of this Lease (except with respect to the payment of Rent), and provided that Tenant and/or its agents and representatives shall not interfere with Landlord or the performance of Landlord's contractors completing ’s Work, the Façade Work and/or the Initial Work and shall cooperate with Landlord’s contractor while performing any of the foregoing work within the Demised Premises and/or the Building. Landlord may, at any time, deny access to the Demised Premises to Tenant and/or its agents or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under representatives during the direction performance of Landlord's contractor’s Work, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any Façade Work and/or the Initial Work in the event that Landlord shall, in its reasonable discretion, determine that such early entry except for to the payment of Rent, (iv) prior to entry upon the Demised Premises by TenantTenant and/or its agents or representatives interferes with, delays, hampers, or prevents Landlord from proceeding with the completion of Landlord’s Work at the earliest possible time. In connection with the foregoing, within twenty-four (24) hours after Landlord’s direction (which need not be given in writing and may be given by Landlord or its agents or contractors to Tenant or its agents or representatives), Tenant agrees to pay for shall, and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and cause its agents and contractors agree to comply with all applicable lawsrepresentatives to, regulations, permits and other approvals required to perform its work during withdraw from the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord Building and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractorsDemised Premises.

Early Entry. Subject to the following provisions of this Section 2.3Paragraph 41 ("Tenant Interior Improvements"), Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen (15) days prior to the Possession Commencement Date to install phone systemsfor the purpose of installing at Tenant's sole cost and expense, furniture, Tenant's trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy for operation of Tenant's business be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 40 shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be undertaken at Tenant's sole risk, (ii) Tenant shall not interfere --------- with Landlord or delay Landlord's contractors completing work within in the Premises or cause any labor difficulties; Tenant(if any), together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rentindemnify, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the exercise by Tenant of any early entryentry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, use, constructionif any, or occupancy in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of September 1, 1996 regardless of the Premises construction status of said interior improvements completed or to be completed by Tenant or its agents, employees or contractorsLandlord.

Early Entry. Subject Landlord agrees to provide Tenant with at least forty-five (45) days' prior written notice of the following provisions of this Section 2.3, date ("Shell Delivery Date") on which the Building shell will be substantially complete. Tenant shall have the right may elect to enter upon the Premises no earlier than fifteen (15) days prior to commencing on the Possession Shell Delivery Date in order to install phone systems, furniturecommunications cable, fixtures and equipmentracking and the like, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole riskcost and expense (collectively, "Tenant's Work"). Any such entry by Tenant for the purpose of Tenant's Work will be subject to the following conditions: (iii) Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenant, together with its employees, agents agents, independent contractors, suppliers and independent contractors any other personnel under Tenant's control ("Tenant's Personnel") entering the Premises, will be subject to cooperate with Landlord and will work under the direction of Landlord's general contractor, ; (iiiii) Tenant shall comply with and be bound by all provisions of this Lease during the period of agrees that any such early entry is subject to all of the terms and conditions of the Lease except for those relating to the payment of RentRent and other monetary obligations, which provisions will become applicable in accordance with the terms of this Lease; (iviii) prior Prior to any entry upon the Premises by Tenant or Tenant's Personnel, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, ; (viv) Tenant and its agents and contractors Tenant's Personnel agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during Tenant's Work or by the early entry on the Premises, Premises by Tenant and Tenant's Personnel; and (viv) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entry, use, construction, or occupancy of the Premises by Tenant or Tenant's Personnel. If, in Landlord's reasonable judgment, Tenant's Personnel and/or the work that is being performed by Tenant's Personnel interferes with Landlord's construction of the Tenant Improvements, or detrimentally affects Landlord's ability to comply with its agentscommitments for completing its improvements on the Premises or cause labor difficulties, employees or contractorsLandlord will have the right to order Tenant's early entry to cease in the event Tenant has not taken action to remedy such interference within forty-eight (48) hours following Landlord's notice to Tenant of the existence of the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's Work, Tenant agrees to cause Tenant's Personnel to remove all tools, equipment and materials from the Premises.

Early Entry. Subject With the prior written consent of Landlord, not to be unreasonably withheld, delayed or conditioned, Tenant may, at Tenant's own risk, enter the Shell Improvements prior to the date of Shell Substantial Completion. The entry may be made solely to install the Tenant Improvements, Tenant's trade fixtures and equipment and shall be subject to the following provisions of this Section 2.3, Tenant shall have the right to enter the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systems, furniture, fixtures terms and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees conditions: (i) any such Tenant's early entry by Tenant shall be at Tenant's sole risk, may not interfere with the construction of any Shell Improvements or cause labor difficulties; (ii) Tenant shall not interfere with Landlord or LandlordTenant's contractors completing work within early entry must be on all the Premises or cause any labor difficultiesterms and conditions of this Lease, other than the obligation to pay Base Rent; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions must provide evidence of this Lease during the period of any such early entry except for the payment of Rent, insurance that is satisfactory to Landlord; (iv) prior to entry upon Tenant must indemnify, defend, and hold harmless Landlord and Landlord's agents, employees, and contractors against all claims, liability, and damages arising from the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, early entry; (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the Tenant's early entry on does not constitute the Premises, commencement of the Lease; and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and must pay utility charges reasonably allocated by Landlord. The date which Tenant enters the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes for the commencement of action and claims construction of Tenant Improvements (including, without limitation, attorneys' fees and legal costsother than work relating to utilities or other matters under or affecting the slab to be installed by Landlord) arising out of shall be identified in Landlord's approval as the early entry, use, construction, or occupancy of the Premises by Tenant or its agents, employees or contractors"Early Entry Date."

Early Entry. Subject to the following provisions of this Section 2.3Tenant and its authorized agents, Tenant contractors, subcontractors and employees shall have the right be granted a license by Landlord to enter upon the Premises no earlier than fifteen Premises, at Tenant’s sole risk and expense, twenty-one (1521) days prior to the Possession Commencement Date to install phone systems, furniture, fixtures and equipment, etc. and so long as such entry does not interfere with Landlord's work in the Premises or in the Project; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Monthly Rent or payment of Operating Expenses, shall apply during such early entry, including, but not limited to, the provisions of Article XI relating to Tenant’s indemnification of Landlord, (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article XI, (c) Tenant shall pay all separately metered utility, service and maintenance charges for the Premises attributable to Tenant’s early entry for and use of the Premises as reasonably determined by Landlord, (d) prior to such purposes entry, Tenant shall not constitute occupancy for operation have delivered to Landlord an executed original of Tenant's business this Lease and shall not trigger the Possession Date or the Commencement Date. Tenant agrees payment in an amount equal to: (i) any Monthly Rent and Tenant’s Share of estimated Operating Expenses for the first (1st) month) of the Term in which such early entry by Tenant shall be at Tenant's sole riskamounts are due, plus (ii) the L-C (as defined below) required under Section 4.6 below, and (e) Tenant shall not interfere with Landlord the completion of the Tenant Improvements or any other Landlord's contractors completing work within in the Premises or cause Project in any labor difficulties; way. Upon Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period ’s breach of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entryforegoing conditions, useLandlord may, constructionin addition to exercising any of its other rights and remedies set forth herein, or occupancy of the Premises by Tenant or its agents, employees or contractorsrevoke such license upon Notice to Tenant.

Early Entry. Subject Pursuant to the following provisions terms and conditions of this Section 2.3Lease and the related Construction Letter, Tenant and its agents and contractors shall have the right be permitted to enter the Premises no earlier than fifteen after the execution of this Lease and the Construction Letter by the parties hereto for the purpose of (15i) days prior to constructing Interior Improvements as provided for in the Possession Date to install phone systemsrelated Construction Letter and as approved by Landlord and as shown on Exhibit B and (ii) installing, furnitureat Tenant's sole cost and expense, Tenant's trade fixtures and equipment, etctelephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and such early entry for such purposes conditions of this Lease, except that Tenant shall not constitute occupancy be required to pay any Basic Rent or Additional Rent on account thereof; except however, Tenant shall be responsible for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees paying (i) any such early supplemental taxes as stated in Paragraph 50B above, and (ii) all utilities for the Premises from the date on which Tenant commences said Interior Improvements, and as such, Tenant shall contact the related utility providers and transfer the billing for said utilities into Tenant's name. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 52 shall (i) be undertaken at Tenant's sole risk, and (ii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall not interfere with Landlord or Landlord's contractors completing work within the Premises or cause any labor difficulties; Tenantindemnify, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premisesdefend, and (vi) Tenant agrees to indemnify, protect, defend and save hold Landlord and the Premises harmless from and against any and all liensloss, liabilitiesdamage, lossesliability, damagesexpense (including reasonable attorney's fees), costsclaim or demand of whatsoever character, expensesdirect or consequential, demands, actions, causes of action and claims (including, but without limitationlimiting thereby the generality of the foregoing, attorneys' fees injury to or death of persons and legal costs) damage to or loss of property arising out of the early entry, use, construction, or occupancy of the Premises exercise by Tenant or its agents, employees or contractorsof any early entry right granted hereunder.

Early Entry. Subject to the following provisions of this Section 2.3Tenant and its authorized agents, Tenant contractors, subcontractors and employees shall have the right be granted a license by Landlord to enter upon the Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systemsPremises, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole riskrisk and expense, during ordinary business hours prior to the Commencement Date, for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, (i) the provisions of this Lease, other than with respect to the payment of Monthly Rent, shall apply during such early entry, including, but not limited to, the provisions of Article XI relating to Tenant's exculpation and indemnification of Landlord, (ii) prior to any such entry, Tenant shall not interfere with Landlord or Landlord's contractors completing work within pay for and provide evidence of the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will insurance to be subject provided by Tenant pursuant to and will work under the direction provisions of Landlord's contractorArticle XI, (iii) Tenant shall comply with pay all utility, service and be bound by all provisions of this Lease during maintenance charges for the period of any such Premises attributable to Tenant's early entry except for and use of the payment of RentPremises as reasonably determined by Landlord, (iv) prior to entry upon Tenant shall not unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the Premises by Tenant, construction of the Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply Improvements in accordance with the provisions of this Lease relating to insuranceLease, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work shall not use the Premises for the storage of inventory or otherwise commence the operation of business during the period of such early entry on the Premisesentry, and (vi) Tenant agrees to indemnify, protect, defend shall at all times comply with Landlord's rules and save Landlord and the Premises harmless from and against regulations regarding tenant move-in procedures. Upon Tenant's breach of any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the early entryforegoing conditions, useLandlord may, constructionin addition to exercising any of its other rights and remedies set forth herein, or revoke such license upon written notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises by Tenant or its agents, employees or contractorsfor purposes of establishing the Commencement Date.

Early Entry. Subject to Immediately following the following provisions full execution of this Section 2.3Second Amendment, Tenant and its approved vendors and/or contractors shall have the right to enter the New Premises no earlier than fifteen (15) days prior to the Possession Date to install phone systems, furniture, fixtures and equipment, etc. and such early entry for such purposes shall not constitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Tenant agrees (i) any such early entry by Tenant shall be at to move Tenant's sole risk’s furniture, furnishings, equipment and inventory in the New Premises, and (ii) Tenant to install Tenant’s telephone and telecommunication wiring and cabling in the New Premises (and perform the New Premises TIs, subject to Tenant’s compliance with the terms of the Section 3(i)8.(i) below and the last sentence of Section 3(i)1. below), provided that such entry or performance of work shall not interfere with Landlord or Landlord's contractors completing work within delay the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (iii) Tenant shall comply with and be bound by all provisions of this Lease during the period completion of any such early work required to be performed by Landlord to place the New Premises in the condition required by the first sentence of Section 3(a) below. Any entry except for into the payment of Rent, (iv) prior to entry upon the New Premises by Tenant, Tenant agrees its agents, employees, vendors and/or contractors prior to pay for and provide to Landlord certificates evidencing the existence and amounts New Premises Commencement Date shall be at the sole risk of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insuranceand Tenant hereby releases Landlord, (v) Tenant its agents, contractors, subcontractors and its agents and contractors agree to comply with all applicable lawsemployees, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (vi) Tenant agrees to indemnify, protect, defend and save Landlord and the Premises harmless from and against any and all liensliability, liabilitiescost, lossesdamage, damageslien, costsaction, expensescause of action, demandsjudgment, actionsexpense, causes and claim for injury (including bodily injury, death, or property damage) incurred or suffered by Tenant in or about the New Premises during the performance of action any work in the New Premises by Landlord or its contractors or subcontractors prior to the New Premises Commencement Date in order to place the New Premises in the condition required by the first sentence of Section 3(a) below (except to the extent caused by Landlord’s gross negligence or willful misconduct). If Tenant or any of its agents, employees, vendors or contractors enter the New Premises prior to the New Premises Commencement Date as provided above, then such entry shall be upon all the terms and claims conditions of the Amended Lease, as amended by this Second Amendment (including, without limitation, attorneys' fees Tenant’s obligations regarding indemnity and legal costsinsurance), except that Tenant shall not be obligated to pay New Premises Base Rent prior to the New Premises Commencement Date and shall not be obligated to pay Tenant’s Share of Common Operating Expenses with respect to the New Premises only prior to the New Premises Commencement Date. If Tenant or any of its agents, employees, vendors or contractors intend to enter the New Premises prior to the New Premises Commencement Date, Tenant shall provide (and cause its vendors and contractors to provide) arising out of Landlord with insurance certificates evidencing that required insurance is being maintained. The preceding to the early entrycontrary notwithstanding, use, construction, if any work or occupancy of other activities in the New Premises by Tenant or any of its agents, employees employees, vendors, contractors or other representatives prior to the New Commencement Date would delay the completion of the work to be performed by Landlord in order to place the New Premises in the condition required by the terms of the first sentence of Section 3(a) below, Tenant shall, upon Landlord’s request, cease, or cause to be ceased, such work or activities, as the case may be, until such time that Tenant may resume its work or activities without so interfering with Landlord’s or its contractors’ or subcontractors’ completion of the work required to be performed by Landlord to place the New Premises in the condition required by the terms of the first sentence of Section 3(a) below.