Common use of Early Entry Clause in Contracts

Early Entry. Notwithstanding anything herein to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..

Early Entry. Notwithstanding anything herein During any period that Tenant shall be permitted to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall be on comply with all of the terms and conditions provisions of this Lease, except those provisions requiring the obligation payment of Rent. If Tenant shall be permitted to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period enter the Premises prior to the Commencement Date that Lessee is for the purpose of occupying or performing work the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises but is not conducting Lessee’s business therein (exclusive of systems testing)prior to the Commencement Date, Lessee Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant’s early entry extend or shorten the Term of the Lease set forth in § 1.2 above. Notwithstanding anything to the contrary herein, Tenant shall have the right enter the Premises free from the obligation to pay any utilities or other costs incurred during such Rent for the period in the operation of Building 10. During any time period commencing two (2) weeks prior to the Commencement Date that Lessee is occupying for the limited purposes installing Tenant’s furniture and fixtures and telephone and data equipment, lines, and cabling, and otherwise preparing the Premises in order to conduct its business thereinfor Tenant’s occupancy, in addition to such expenses described in the preceding sentence, Lessee shall also pay all provided that Tenant’s activity does not interfere with Landlord’s completion of the Operating Expenses Work and other Additional Rent for that Tenant has delivered to Landlord the Project which would have been due under this Lease as if insurance certificates and the Commencement Date had occurred..Security Deposit required hereunder.

Early Entry. Notwithstanding anything herein During any period that Tenant shall be permitted to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall be on comply with all of the terms and conditions provisions of this Lease, except those provisions requiring the obligation payment of Rent. If Tenant shall be permitted to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period enter the Premises prior to the Commencement Date that Lessee is for the purpose of occupying or performing work the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises but is not conducting Lessee’s business therein (exclusive of systems testing)prior to the Commencement Date, Lessee Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant’s early entry extend or shorten the Term of the Lease set forth in§ 1.2 above. Notwithstanding anything to the contrary herein, Tenant shall have the right enter the Premises free from the obligation to pay any utilities or other costs incurred during such Rent for the period in the operation of Building 10. During any time period commencing two (2) weeks prior to the Commencement Date for the limited purposes of installing Tenant’s furniture and fixtures and telephone and data equipment, lines, and cabling, provided that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all Tenant’s does not interfere with Landlord’s completion of the Operating Expenses Work and other Additional Rent for that Tenant has delivered to Landlord the Project which would have been due under this Lease as if insurance certificates and the Commencement Date had occurred..Security Deposit required hereunder.

Early Entry. Notwithstanding anything herein During any period that Tenant shall be permitted to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall be on comply with all of the terms and conditions provisions of this Lease, except those provisions requiring the obligation payment of Rent. If Tenant shall be permitted to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period enter the Premises prior to the Commencement Date that Lessee is for the purpose of occupying or performing work the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying Date, Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant's early entry extend or shorten the Term of the Lease set forth in order S 1.2 above. Notwithstanding anything to conduct the contrary herein, Tenant shall have the right enter the Premises free from the obligation to pay Rent for the period commencing on the date of the parties' full execution and delivery of this Lease to each other for the limited purposes installing Tenant's furniture and fixtures and telephone and data equipment, lines, and cabling and otherwise preparing the Premises for Tenant's occupancy (but not the purpose of conducting its business therein), in addition to such expenses described in the preceding sentence, Lessee shall also pay all provided that Tenant's activity does not interfere with Landlord's completion of the Operating Expenses Work and other Additional Rent for that Tenant has delivered to Landlord the Project which would have been due under this Lease as if insurance certificates and the Commencement Date had occurred..Security Deposit required hereunder.

Early Entry. Notwithstanding anything herein Upon Landlord’s and First Mortgagee’s prior written consent, which shall not be unreasonably withheld, Tenant shall have access to the contrarySchool Facility prior to the Initial Fixed Term Commencement Date and the Phase II Completion Date, as applicable, in order to begin installing Tenant’s trade fixtures and personal property, and for any other legal purpose necessary for preparation of October 1, 2006 (the “Delivery Date”)Leased Property for operation by Tenant, provided that Lessee has delivered to Lessor: (1) such early entry shall not unreasonably interfere with the first month’s RentConstruction Work for Phase I or Phase II, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereonapplicable. Prior to such entry Tenant shall provide Landlord and First Mortgagee with evidence that Tenant has obtained insurance required under the Delivery Date, Lessee terms of this Lease and shall have no right provide Landlord with a certificate of possession or occupancy of the Premises, insurance evidencing such insurance. Such early entry will be at Tenant’s sole risk and Lessor reserves the right subject to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions provisions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if though the Initial Fixed Term Commencement Date or the Phase II Completion Date had occurred.., except for the payment of Rent, which will commence on the Initial Fixed Term Commencement Date and the Phase II Completion Date, respectively, and except that Tenant shall be responsible for all utility services required in connection with Tenant’s early entry rights. All rights of Tenant under this section will be subject to the requirements of all applicable Laws.

Early Entry. Notwithstanding anything herein During any period that Tenant shall be permitted to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall be on comply with all of the terms and conditions provisions of this Lease, except those provisions requiring the obligation payment of Rent If Tenant shall be permitted to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period enter the Premises prior to the Commencement Date that Lessee is for the purpose of occupying or performing work the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises but is not conducting Lessee’s business therein (exclusive of systems testing)prior to the Commencement Date, Lessee Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant’s early entry extend or shorten the Term of the Lease set forth in § 1.2 above. Notwithstanding anything to the contrary herein, Tenant shall have the right enter the Premises free from the obligation to pay any utilities or other costs incurred during such Rent for the period in the operation of Building 10. During any time period commencing two (2) weeks prior to the Commencement Date for the limited purposes installing Tenant’s furniture and fixtures and telephone and data equipment, lines, and cabling, provided that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all Tenant’s does not interfere with Landlord’s completion of the Operating Expenses Work and other Additional Rent for that Tenant has delivered to Landlord the Project which would have been due under this Lease as if insurance certificates and the Commencement Date had occurred..Security Deposit required hereunder.

Early Entry. Notwithstanding anything herein During any period that Tenant shall be permitted to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall be on comply with all of the terms and conditions provisions of this Lease, except those provisions requiring the obligation payment of Rent. If Tenant shall be permitted to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period enter the Premises prior to the Commencement Date that Lessee is for the purpose of occupying or performing work the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises but is not conducting Lessee’s business therein (exclusive of systems testing)prior to the Commencement Date, Lessee Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant’s early entry extend or shorten the Term of the Lease set forth in § 1.2 above. Notwithstanding anything to the contrary herein, Tenant shall have the right enter the Premises free from the obligation to pay any utilities or other costs incurred during such Rent for the period in the operation of Building 10. During any time period commencing two (2) weeks prior to the Commencement Date for the limited purposes installing Tenant’s furniture and fixtures and telephone and data equipment, lines, and cabling, provided that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all Tenant’s does not interfere with Landlord’s completion of the Operating Expenses Work and other Additional Rent for that Tenant has delivered to Landlord the Project which would have been due under this Lease as if insurance certificates and the Commencement Date had occurred..Security Deposit required hereunder.

Early Entry. During the 60 days prior to the Commencement Date, Tenant, along with its contractors, may enter the Leased Premises, with no obligation to pay rent, for the purpose of installing Tenant's furniture and business and trade fixtures and equipment. Such installation is to be performed in accordance with the applicable provisions of Section 4.2. Such prior occupancy by Tenant is to be arranged so as not to result in any delay in the overall construction effort of, or additional cost to, Landlord and so as not to create a jurisdictional dispute with any of the building trades employed by Landlord. Tenant will not be charged for the use of elevators, hoists or Building services during such installation work in the Leased Premises or Tenant's actual move into the Building, unless such use results in an additional charge to Landlord, in which case Tenant is to reimburse Landlord upon demand the amount of the additional charge. Prior to any such early entry, Tenant must give Landlord reasonable prior written notice, and, as a condition to such entry by Tenant for such purposes, Tenant is to deliver to Landlord evidence that the insurance required to be carried by Tenant pursuant to the provisions of Section 7.2 is in effect. If Tenant's prior occupancy under this Section results in a delay in the overall construction effort of, or additional cost to, Landlord, Landlord is to give Tenant written notice thereof, and Tenant is to, on demand, reimburse Landlord for all such costs or damages incurred by Landlord. Notwithstanding anything herein to the contrary, as of October if the Leased Premises are available for occupancy prior to August 1, 2006 (2002, Tenant may move in and occupy the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but premises prior to the Commencement Date shall be on all of the terms and conditions of this LeaseAugust 1, except the 2002 with no obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period rent and such prior to occupancy will not affect the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Date.