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 Landlord shall endeavor, so long as Tenant is ----------- using labor compatible with Landlord's labor forces at the Property at that time, to permit Tenant, at its option, along with its contractors, subcontractors and agents, to enter the Premises at any time during the four (4) weeks immediately prior to the contraryscheduled Commencement Date and in any event no less than three (3) weeks prior to the scheduled Commencement Date and Tenant, as of October 1along with its contractors, 2006 (subcontractors and agents, shall be permitted to enter the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) First Expansion Space and the first month’s Rent, Second Expansion Space at any time during the two (2) certificates evidencing weeks prior to the insurance described scheduled commencement date with respect to the First Expansion Space and Second Expansion Space, as the case may be or if available at an earlier date, provided such entry and work shall be in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 belowharmony with Landlord's contractors, and (4) any items required as with no obligation on the part of Tenant to pay rent or other costs during 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 riskperiod of occupancy, for the sole purpose of constructing Tenant's improvements, installing furniture, fixtures and equipment (including telephone equipment) as well as non-Building standard leasehold improvements. Tenant and its contractors shall have free use of such electricity, heating, ventilation and air conditioning and elevator service as may be available during the period of such early entry for installation of Lessee’s Tenant's improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior All provisions of this Lease (with the exception of the obligation to the Delivery Date, Lessee pay Rent) shall have no right of possession or occupancy be applicable during any such early entry of the Premises, the First Expansion Space or the Second Expansion Space, as the case may be. All installations made by Tenant and Lessor reserves the right to make any use of work performed by Tenant in the Premises that is not inconsistent with Lessor’s obligation to deliver during such early entries shall be at the sole risk of Tenant. Tenant's entry into 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 not cause any delay in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing Landlord's work in the Premises but and if such a delay is not conducting Lessee’s business therein (exclusive of systems testing)caused, 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 shall be accelerated by one (1) day for each day of such delay caused by Tenant, whether or not Landlord's work is occupying the Premises in order to conduct its business therein, in addition to complete as of 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 accelerated Commencement Date had occurred..Date.

Early Entry. Notwithstanding anything herein Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon 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 necessaryPremises, at Lessee’s Tenant's sole riskrisk and expense, during ordinary business hours prior t the Commencement Date, for the sole purpose of installation installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of Lessee’s improvementsthis Lease, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior than with respect to the Delivery Datepayment of Monthly Rent, Lessee shall have no right apply during such early entry, including, but not limited to, the provisions of possession or occupancy Article XI relating to Tenant's indemnification of Landlord, (ii) prior to any such entry, Tenant shall pay for and provide evidence of the PremisesInsurance to be provided by Tenant pursuant to the provisions of Article XI, (iii) Tenant shall pay all utility, service and Lessor reserves maintenance charges for the right Premises attributable to make any Tenant's early entry and use of the Premises that is as reasonably determined by Landlord, (iv) Tenant shall not inconsistent unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with Lessor’s obligation to deliver the provisions of this Lease, and (v) Tenant shall not use the Premises to Lessee as of the Delivery Datestorage of inventory or otherwise commence the operation of business during the period of such early entry. Lessee’s Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, 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 following the Delivery Date but prior to of purposes of establishing 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..Date.

Early Entry. Notwithstanding anything herein to the contrarycontrary contained herein, as upon Xxxxxxxx’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and at the discretion of October the Contractor, Tenant shall have reasonable access to the Premises on or before August 1, 2006 2020, in order to begin installing Tenant’s trade fixtures and personal property and for any other legal purpose reasonably acceptable to Landlord which is necessary for the preparation of the Premises for operation of a charter school by Tenant (excluding the “Delivery Date”instruction of students at the Premises), provided that Lessee has delivered such early entry and installation of Tenant’s trade fixtures and personal property shall not unreasonably interfere with the timely construction and completion of the Landlord Improvements. Such early entry will be subject to Lessor: (1) all the first month’s terms and provisions of this Lease except for the payment of Rent, (2) certificates evidencing which will become due and payable on the insurance described Rent Commencement Date. Without limiting the generality of the foregoing in Article VII below, (3) the Letter any manner whatsoever and by way of Credit Security pursuant to Section 4.06 belowexample only, 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 that 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 portion of the Premises that sought to be used by Tenant is complete and access to and from such portion would not inconsistent with Lessor’s obligation pose a risk of harm to deliver any attendees or a material interference to ongoing construction, the following activities on the Premises are hereby approved by Landlord, but subject 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 reasonable timely notice, for purposes of this LeaseSection provided that such activities are otherwise allowed by applicable authority and permitted by the Contractor, except at the obligation Contractor’s discretion: (i) employee meetings and orientation, (ii) kitchen personnel having access 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 thereinstock, in addition to such expenses described in organize and arrange the preceding sentence, Lessee shall also pay all cafeteria which is a part of the Operating Expenses Facility, (iii) public forums, (iv) recruitment meetings, (v) technology personnel having access to the Premises in order to install, test and other Additional Rent for monitor the Project which would have been due under this Lease as if various technology components of the Commencement Date had occurred..Facility, and (vi) stationing a receptionist/representative at the Premises to facilitate walk-in meetings and tours of the Premises and the Facility.

Early Entry. Notwithstanding anything herein Tenant and its agents and contractors 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 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 on subject to 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 Tenant shall not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities Rent on account thereof. Any entry or other costs incurred during such period installation work by Tenant and its agents in the operation Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of Building 10the Premises for purposes of the Lease. During Tenant shall indemnify, defend, and hold Landlord harmless from any time period prior and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but not limited thereby the generality of the foregoing; injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or 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 schedule Commencement Date of August 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. It is the intent of the parties hereto that Lessee is occupying the Premises in order commencement of Tenant's obligation to conduct its business thereinpay 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 addition the event it is so delayed. Tenant's obligation to such expenses described in pay Rent under the preceding sentence, Lessee Lease shall also pay all commence as of the Operating Expenses and other Additional Rent for the Project which date it would otherwise have been due under this Lease as if the Commencement Date had occurred..commenced absent delay caused by Tenant.

Early Entry. Notwithstanding anything herein Provided Tenant shall have first obtained any and all permits and other governmental authorizations required in connection therewith, Tenant shall have the right to enter the contrary, as of Demised Premises for the period commencing October 1, 2006 1999 and ending with the Lease Commencement Date (the “Delivery Date”), "Early Entry Period") in order to install its equipment and racking provided that Lessee has delivered to Lessorduring said period: (1i) 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 Tenant 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 comply 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 Lease other than the obligation to pay Base Rent or Additional Rent, (ii) Tenant shall not begin operation of its business (Landlord hereby acknowledging that the installation of racking and a conveyor system, and acceptance of inventory, shall not constitute "operation of business"), and (iii) Tenant shall not interfere with Landlord's completion of the Demised Premises. Landlord hereby agrees that on or before the commencement of the Early Entry Period, as is otherwise provided for such date may be extended by Construction Delay, Landlord shall deliver to Tenant approximately 150,000 square feet of secure (i.e., all walls and doors constructed) warehouse space within the Demised Premises, complete with lights, floor, floor seal and sprinkler system installed in this Section 3.02. During any time period prior accordance with the Plans and Specifications (and in compliance with applicable building codes to the Commencement Date that Lessee extent necessary to allow Tenant to exercise is occupying or performing work rights under this Special Stipulation 2), said space being delineated 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 Operational Plan comprising a part 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..Performance Specifications.

Early Entry. Notwithstanding anything herein Landlord shall allow Tenant 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 at least thirty (30) days prior to the extent reasonably necessary, at Lessee’s sole risk, date upon which the Premises is deemed “substantially complete” for the sole purpose of installation of Lessee’s improvements, alterations, installing furniture, trade fixturestelecommunications systems, equipmentdata cabling, telecommunications systems equipment or other personal property (the “Preparation Work”). Provided that (i) Tenant has provided prior written notice to Landlord of its intention to enter the Premises under this Section 3.4; (ii) Tenant delivers to Landlord the insurance certificates required under Section 14 below; and other equipment thereon. Prior (iii) such early entry is for the sole purpose of performing the Preparation Work, Tenant shall not be required to pay Rent (defined below) during such thirty (30) early occupancy period (with the Delivery Date, Lessee shall have no right of possession or occupancy exception of the Premises, and Lessor reserves the right cost of services requested by Tenant [e.g. freight elevator usage]) but shall otherwise be 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 of this Lease. Any such early entry by Tenant shall not interfere with the completion of the Landlord Work, except the obligation Tenant Improvements (hereafter defined) or the improvement work of any other tenants in the Building and Tenant shall use its good faith, reasonable efforts to pay Base Rent or coordinate its early entry so as is otherwise provided for in this Section 3.02not to interfere with the Landlord Work and the completion of the Tenant Improvements. During Notwithstanding the foregoing, Landlord may terminate Tenant’s early right of entry at any time period prior without any liability to the Commencement Date that Lessee is occupying Tenant for any loss or performing work damage incurred by Tenant as a result thereof, in the Premises but event Landlord reasonably determines that Tenant’s presence is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities interfering with the Landlord Work 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 completion 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..Tenant Improvements.