Common use of Early Occupancy Period Clause in Contracts

Early Occupancy Period. In the event a portion of the Premises are available for Tenant's occupancy prior to the Rent Commencement Date, Tenant may occupy such portion of the Premises and in such event, (i) subject to the terms of this Paragraph, the Premises shall instead be deemed tendered and the term of the Lease shall instead begin on such early occupancy date (with such early occupancy date thereupon becoming the Lease Commencement Date and the period between such early occupancy date and the Rent Commencement Date being referred to as the "Early Occupancy Period"), (ii) Tenant shall be responsible for paying all Additional Rent expenses for the entire Premises and otherwise complying with the terms of this Lease during the Early Occupancy Period, (iii) Tenant shall be responsible for the prorata share of Basic Rent reasonably allocable on a useable square footage basis to such portion of the Premises during the Early Occupancy Period, but the Rent Commencement Date as to the entire Premises shall remain unchanged, and (iv) the maximum term of the Second Option to Extend shall be reduced by the number of days of such Early Occupancy Period. Notwithstanding clause (iii) above, if Tenant so occupies more than fifty percent of the useable square footage area of the Building prior to what would otherwise be the Rent Commencement Date hereunder, then the Rent Commencement Date shall be deemed to have occurred as to the entire Premises on the date that Tenant so occupies more than fifty percent of the useable square footage area of the Building.

Early Occupancy Period. In To the event a portion extent Tenant substantially completes the Tenant Improvements to be constructed by Tenant in the Premises pursuant to the terms and conditions of the Tenant Work Letter, Tenant shall have the right to occupy the Premises are available for Tenant's occupancy prior to the Rent Lease Commencement Date, provided that (A) Tenant may occupy shall give Landlord at least ten (10) days’ prior notice of any such portion occupancy of the Premises and in such eventPremises, (iB) subject a temporary certificate of occupancy shall have been issued to Landlord by the appropriate governmental authorities for the Building, (C) a temporary certificate of occupancy shall have been issued to Tenant by the appropriate governmental authorities for the Premises (if and to the extent required in order for Tenant to lawfully occupy the Premises for general office use), and (D) all of the terms and conditions of the Lease shall apply, including Tenant’s obligation to pay all amounts of “Additional Rent,” as the term is defined in Section 4,1 below, but excluding Tenant’s obligation to pay “Base Rent,” as that term is defined in Article 3 below. The period beginning on such early occupancy and ending on the day immediately preceding the Lease Commencement Date shall be referred to herein as the “Early Occupancy Period.” In no event shall the occurrence of the Early Occupancy Period affect the date of the Lease Commencement Date which shall continue be determined pursuant to the terms of this Paragraphthe second sentence of Section 2.1, the Premises shall instead be deemed tendered and the term of the Lease shall instead begin on such early occupancy date (with such early occupancy date thereupon becoming the Lease Commencement Date and or the period between such early occupancy date and the to which Tenant is entitled an abatement of Base Rent Commencement Date being referred pursuant to as the "Early Occupancy Period"), (ii) Tenant shall be responsible for paying all Additional Rent expenses for the entire Premises and otherwise complying with the terms of this Lease during the Early Occupancy PeriodArticle 3, (iii) Tenant shall be responsible for the prorata share of Basic Rent reasonably allocable on a useable square footage basis to such portion of the Premises during the Early Occupancy Period, but the Rent Commencement Date as to the entire Premises shall remain unchanged, and (iv) the maximum term of the Second Option to Extend shall be reduced by the number of days of such Early Occupancy Period. Notwithstanding clause (iii) above, if Tenant so occupies more than fifty percent of the useable square footage area of the Building prior to what would otherwise be the Rent Commencement Date hereunder, then the Rent Commencement Date shall be deemed to have occurred as to the entire Premises on the date that Tenant so occupies more than fifty percent of the useable square footage area of the Buildingbelow.

Early Occupancy Period. In During the event a portion of period commencing on the Premises are available for Tenant's occupancy prior to the Rent Commencement Date, Tenant may occupy such portion of the Premises and in such event, (i) subject to the terms of this Paragraph, the Premises shall instead be deemed tendered and the term of the Lease shall instead begin on such early occupancy date (with such early occupancy date thereupon becoming the Lease Commencement actual Early Occupancy Date and ending on the period between such early occupancy date and the Rent Commencement Date being referred to as which is sixty (60) days thereafter (the "Early Occupancy Period"), Tenant shall be permitted to use and occupy the Premises, however, any such use and occupancy by Tenant shall be at Tenant's sole risk and subject to all of the provisions of this Lease except as otherwise expressly set forth herein. During the Early Occupancy Period Tenant shall only use the Premises for purposes of (i) planning, installing and constructing the Tenant Improvements in the Premises, and (ii) installing in the Premises Tenant's equipment (including telephone, telecommunications and data lines), furnishings and fixtures to make the Premises ready for Tenant's use and occupancy to conduct its operations therein. Except for the requirement that Tenant pay for all utilities and Utility Expenses to the extent incurred during the Early Occupancy Period, Tenant shall otherwise commence paying Rent (defined below) on the actual Commencement Date regardless of whether or not the planning, design and/or construction of the Tenant Improvements are commenced or completed. Tenant shall be solely responsible for paying the security of its property or equipment or that of its contractors or agents, stored in the Premises during the Early Occupancy Period. In consideration for Landlord permitting Tenant to use and occupy the Premises during the Early Occupancy Period, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Indemnitees (defined in Section 15 below) harmless from and against any and all Additional Rent claims, damages, liabilities, liens, losses, actions, judgments, costs and expenses for (including without limitation, attorneys' fees and costs) arising from Tenant's and any of Tenant's Representatives' use and occupancy of any portion of the entire Premises and otherwise complying with during the Early Occupancy Period, or from any activity permitted or suffered by Tenant or any of Tenant's Representatives in or about the Premises during the Early Occupancy Period, or any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease during the Early Occupancy Period, (iii) or arising from any intentional or negligent act or omission of Tenant shall be responsible for the prorata share or any of Basic Rent reasonably allocable on a useable square footage basis to such portion of the Premises Tenant's Representatives during the Early Occupancy Period; provided, but however, the Rent Commencement Date as foregoing indemnity shall not include claims, damages, liabilities, liens, losses, actions, judgments, costs and expenses (including without limitation, attorneys' fees and costs) for damage or injury to the entire Premises shall remain unchanged, and (iv) the maximum term of the Second Option to Extend shall be reduced extent caused by the number sole and active negligence or willful misconduct of days of such Landlord and its designated agents or employees, unless covered by insurance Tenant is required by this Lease to maintain. During the Early Occupancy Period. Notwithstanding clause , Landlord shall not be liable for any claims, damages (iiiincluding, but not limited to, consequential damages) aboveor losses of any nature incurred or suffered by Tenant or any of Tenant's Representatives, if Tenant so occupies more than fifty percent or any other person in or about the Premises, arising from or in connection with this Lease or the use of the useable square footage area Premises (including any claims, damages or losses arising from any act or neglect of the Building prior to what would otherwise be the Rent Commencement Date hereunderany other persons including construction workers hired by Landlord), then the Rent Commencement Date shall be deemed to have occurred as except to the entire Premises on extent such claims, damages or losses arise solely from the date that Tenant so occupies more than fifty percent sole and active negligence or willful misconduct of the useable square footage area of the BuildingLandlord (provided, however, in no event shall Landlord be liable for any consequential damages).

Early Occupancy Period. In The period that begins on the event a portion Sublease Commencement Date and ends on, and including, the day immediately preceding the Sublease Rent Commencement Date (as defined in Section 3(a) hereof) is referred to herein as the "EARLY OCCUPANCY PERIOD." The Early Occupancy Period is intended to allow Sublessee to perform, at Sublessee's sole expense, certain improvements to the interior of the Premises are available for Tenant's occupancy prior Premises, subject to the Rent Commencement Date, Tenant may occupy prior written approval of Master Lessor. Sublessee hereby advises Sublessor that such portion of the Premises and in such event, intended improvements are generally described as: (i) subject to the terms of this Paragraph, the Premises shall instead be deemed tendered recarpet and the term of the Lease shall instead begin on such early occupancy date (with such early occupancy date thereupon becoming the Lease Commencement Date and the period between such early occupancy date and the Rent Commencement Date being referred to as the "Early Occupancy Period"), repaint existing offices; (ii) Tenant removal of interior walls in shipping and receiving area to provide efficient product flow; and (iii) construction of approximately 4,000 square feet of laboratory space at the location of the existing laboratory in the Building (collectively, the "INITIAL Improvements"). Sublessor shall be responsible for paying have no obligations with respect to any improvements which Sublessee seeks to perform, and makes no representations with respect to any such improvements, including but not limited to whether Master Lessor will approve any or all Additional Rent expenses for of the entire Premises improvements that Sublessee seeks to perform, including the Initial Improvements. Sublessee shall comply with all terms and otherwise complying with the terms conditions of this Lease Sublease during the Early Occupancy Period, including, but not limited to, (iiii) Tenant shall be responsible for Sublessee's Direct Payment/Service Obligations pursuant to Section 3(e) hereof, and (ii) the prorata share terms and conditions of Basic Rent reasonably allocable on a useable square footage basis to such the Master Lease as incorporated herein. During the portion of the Premises during the Early Occupancy Period, but Period that is prior to the Sublease Rent Commencement Date (as defined in Section 3(a) hereof), Sublessee shall not be obligated to pay any Base Rent to Sublessor pursuant to Section 3(a) hereof, nor shall Sublessee be obligated to reimburse Sublessor for Sublessor's payments to Master Lessor pursuant to Section 3(d) hereof. Sublessor hereby consents to the entire Premises Initial Improvements and acknowledges and agrees that no further consent or approval from Sublessor is required in connection with the Initial Improvements. Without limitation, Sublessee shall remain unchanged, and (iv) the maximum term of the Second Option to Extend shall be reduced by the number of days of such Early Occupancy Period. Notwithstanding clause (iii) above, if Tenant so occupies more than fifty percent of the useable square footage area of the Building prior to what would otherwise be the Rent Commencement Date hereunder, then the Rent Commencement Date shall be deemed to have occurred as to the entire Premises on the date that Tenant so occupies more than fifty percent of the useable square footage area of the Building.deliver to

Early Occupancy Period. In Subject to Master Landlord’s consent, during the event a portion of the Premises are available for Tenant's occupancy prior to the Rent Commencement Dateperiod commencing on September 8, Tenant may occupy such portion of the Premises and in such event2004 (or, (i) subject to the terms of this Paragraphif later, the Premises shall instead be deemed tendered date on which this Sublease is fully executed and delivered to Subtenant) and ending on the term of the Lease shall instead begin on such early occupancy date (with such early occupancy date thereupon becoming the Lease Sublease Commencement Date and (the period between such early occupancy date and the Rent Commencement Date being referred to as the "“Early Occupancy Period"”), (ii) Tenant Subtenant shall be responsible for paying all Additional Rent expenses permitted to enter the First Floor Premises for the entire Premises sole purposes of performing Subtenant’s Work (in compliance with all applicable provisions of the Work Letter attached hereto) and otherwise complying installing furniture, equipment, trade fixtures and cabling therein; provided, that prior to Subtenant’s entry in the First Floor Premises, Subtenant shall furnish to Sublandlord certificates of insurance satisfactory to Sublandlord evidencing Subtenant’s compliance with the terms requirements of this Lease during the Early Occupancy Period, (iii) Tenant shall be responsible for the prorata share of Basic Rent reasonably allocable on a useable square footage basis to such portion Article 9 below. Subtenant’s occupancy of the First Floor Premises during the Early Occupancy PeriodPeriod shall be subject to all of the terms, but the Rent Commencement Date as covenants and conditions of this Sublease, except that Sublandlord agrees, subject to the entire Premises last sentence of this Section 2.4, that Subtenant’s obligation to pay Base Rent during the Early Occupancy Period shall remain unchangedbe waived. Notwithstanding the foregoing, and (iv) the maximum term if Subtenant occupies any part of the Second Option to Extend shall be reduced by First Floor Premises during the number of days of such Early Occupancy Period. Notwithstanding clause (iii) abovePeriod for purposes of doing business, if Tenant so occupies more than fifty percent then Subtenant shall pay to Sublandlord, in advance prior to commencing business operations and on or before the first day of each calendar month thereafter until the Sublease Commencement Date, Base Rent at the rate of $1.20 per rentable square foot of the useable square footage area of the Building prior to what would otherwise be the Rent Commencement Date hereunder, then the Rent Commencement Date shall be deemed to have occurred as to the entire Premises on the date that Tenant so occupies more than fifty percent of the useable square footage area of the BuildingFirst Floor Premises.

Early Occupancy Period. In the event a portion that prior to the Commencement Date Tenant, at its election, first commences the regular conduct of its business in any portion(s) of the Premises are available for comprising at least 10,000 RSF in the aggregate (which commencement of business shall not be deemed to have occurred by virtue of Tenant's occupancy prior to the Rent Commencement Date, Tenant may occupy such portion ’s performance of the Premises and in such event, (i) subject to the terms of this Paragraph, TI Work for the Premises shall instead be deemed tendered and or the term installation or testing of computers, equipment, or other personal property in the Premises in preparation for such commencement of business), then during the period (if any) from such commencement of business through the end of the day that immediately precedes the Commencement Date (the “Early Occupancy Period”), all of the provisions of the Lease shall instead begin on such early occupancy date applicable to the Premises (with such early occupancy date thereupon becoming the Lease Commencement Date and the period between such early occupancy date and the Rent Commencement Date being referred to as the "Early Occupancy Period"), (iiincluding without limitation under Article 4) Tenant shall be responsible applicable to the Premises, other than the obligation to pay the Base Rent for paying all Additional Rent expenses for the entire Premises and otherwise complying with the terms of this Lease during the Early Occupancy Period, (iii) Tenant shall be responsible for the prorata share of Basic Rent reasonably allocable on a useable square footage basis to such portion of the Premises during the Early Occupancy Period, but the and Tenant shall pay to Landlord all Additional Rent Commencement Date as under this Article 4 that is attributable to the entire Premises shall remain unchanged, and (iv) the maximum term of the Second Option to Extend shall be reduced by the number of days of such Early Occupancy Period. Notwithstanding clause , including, without limitation, the Property Management Fee under Paragraph 1(a)(17) of Exhibit E-1 at the monthly rate (iiipro-rated on a per diem basis) above, if Tenant so occupies more than fifty percent based on 2.5% of an imputed monthly Base Rent at the rate that would have applied during the first Lease Year under Section 1.6 in the absence of the useable square footage area waiver of Base Rent. For any portion(s) of the Building Premises comprising less than 10,000 RSF in the aggregate that Tenant may occupy for the regular conduct of its business prior to what would otherwise be the Rent Commencement Date hereunderDate, then the Rent Commencement Date such occupancy shall be deemed on all of the terms of this Lease, other than the obligation to have occurred as pay Base Rent or Additional Rent, provided that Tenant shall be responsible for the costs of any utilities used by Tenant during such period (in the manner set forth in Section 7.1) and for the costs of any Building Services or services for parking facilities or other Project Common Facilities actually provided by Landlord under Section 10.3 during such period, which amounts to the entire Premises on the date that extent incurred by Landlord shall be paid by Tenant so occupies more than fifty percent of the useable square footage area of the Buildingas Additional Rent.

Early Occupancy Period. In the event a portion of the Premises are available for Tenant's occupancy prior to the Rent Commencement Date, Tenant may occupy such portion of the Premises and in such event, Landlord shall: (i) subject use commercially reasonable efforts to provide Tenant with early access to the terms of this Paragraph, the Premises shall instead be deemed tendered and the term of the Lease shall instead begin on such early occupancy date (with such early occupancy date thereupon becoming the Lease Commencement Date and the period between such early occupancy date and the Rent Commencement Date being referred to as the "Early Occupancy Period")New Premises, (ii) provide written notice to Tenant of the date such early access shall commence (the “Access Date”), and (iii) use commercially reasonable efforts to provide such early access commencing on the date which Landlord estimates to be thirty (30) business days for telecom and cabling work and fifteen (15) business days for all other Tenant work prior to the estimated date of Substantial Completion of the Phase I Work. Such early occupancy shall be subject to all of the terms and conditions of the Lease, except for Tenant’s obligation to pay Base Rent and Tenant’s Share of Operating Expenses, Tax Expenses and Common Area Utility Costs with respect to the New Premises (which obligation shall commence upon the New Commencement Date). Such period of early occupancy, if any, shall commence on the Access Date and continue through the date immediately preceding the New Commencement Date (“Early Occupancy Period”). During the Early Occupancy Period, Tenant may enter the New Premises for the purpose of installing telephones, electronic communication or related equipment, fixtures, furniture and equipment, provided that Tenant shall be solely responsible for paying all Additional Rent expenses any of such equipment, fixtures and furniture and for any loss or damage thereto from any cause whatsoever, except to the entire extent caused solely by Landlord’s gross negligence or willful misconduct. Such early access to the New Premises and otherwise complying with such installation shall be permitted only to the terms extent that Landlord reasonably determines that such early access and installation activities will not delay Landlord’s completion of the Phase I Work. Landlord and Tenant shall cooperate in the scheduling of Tenant’s early access to the New Premises and of Tenant’s installation activities in an attempt to maximize the benefits to Tenant of this Section 5 without interfering with Landlord’s completion of the construction of the Phase I Work. The provisions of Section 10 and Section 12 of the Original Lease shall apply in full during the Early Occupancy Period, (iii) and Tenant shall be responsible for (i) provide certificates of insurance evidencing the prorata share existence and amounts of Basic Rent liability insurance carried by Tenant and its agents and contractors, reasonably allocable on a useable square footage basis satisfactory to Landlord, prior to such portion of the Premises during the Early Occupancy Period, but the Rent Commencement Date as to the entire Premises shall remain unchangedearly entry, and (ivii) comply with all applicable laws, regulations, permits and other approvals applicable to such early entry work in the maximum term New Premises. Notwithstanding the foregoing, if such early access or installation delays or interferes with Landlord’s construction of the Second Option to Extend Phase I Work, or increases the cost of the Phase I Work, the same shall be reduced by the number of days of such Early Occupancy Period. Notwithstanding clause (iii) above, if a Tenant so occupies more than fifty percent of the useable square footage area of the Building prior to what would otherwise be the Rent Commencement Date hereunder, then the Rent Commencement Date shall be deemed to have occurred as to the entire Premises on the date that Tenant so occupies more than fifty percent of the useable square footage area of the BuildingDelay.