Common use of Early Occupancy Clause in Contracts

Early Occupancy. (i) Landlord shall permit Tenant and its agents to enter the Premises from and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. A. As consideration for Tenant's performance of all obligations to be performed by Tenant under the Lease, and upon receipt of (i) the first month's Base Monthly Rent and Security Deposit totaling $351,900.00, and (ii) a certificate of insurance as provided by Article 9.1C of the Lease, Landlord shall permit Tenant and its agents to enter and use the Premises "Premises" from and after completion of construction until April 1, 2000 (the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above"Early Occupancy Period"), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all occupancy during the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry Early Occupancy Period shall be deemed subject to be under all of the terms, covenants, provisions, covenants and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that Rent payable during the Early Occupancy Period shall be waived. B. In the event either party shall bring any action or legal proceeding for damages for alleged breach of any provision of this agreement, to recover rent, to terminate tenancy of the Premises, or to enforce, protect or establish any term or covenant of this agreement or the Lease or right of remedy of either party, the prevailing party shall be entitled to recover as a part of such action or proceeding, reasonable attorney's fees and court costs as may be fixed by the court or jury. C. In consideration of executing this Early Occupancy Agreement, Tenant agrees to indemnify and save Landlord harmless of and from any and all liability, damage, expense, cause of action, suits or claims or judgments resulting from injury to person or property arising from the use of the Premises by Tenant during the Early Occupancy Period, including loss or damage to Tenant, its equipment, materials or supplies. D. Tenant agrees to cooperate with construction personnel completing the Interior Improvements in the Premises and not cause any delay in the completion of these improvements. It is the intent of Landlord and Tenant that Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any cause or other act of Tenant and, if it is so delayed, and provided that Landlord promptly notifies Tenant in writing of each separate delay and the estimated period of delay, then Tenant's obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would have commenced absent said Commencement Date for Floor 1 delay caused by Tenant. E. During the Early Occupancy Period, Tenant shall automatically be deemed arrange to have occurred if all utility services, including but not limited to gas, electric, water and trash, billed directly to Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3payment.

Early Occupancy. (i) Landlord Tenant shall permit Tenant and its agents have the right to enter onto the Premises from and after the date that is forty-five Expansion Space not more than fourteen (4514) days prior to the anticipated Expansion Space Commencement Date for the purpose of installing, during normal business hours and at Tenant's sole cost and expense, Tenant's equipment and trade fixtures. Tenant's installation of such equipment and trade fixtures shall be subject to the following conditions: (as set forth in the notice described in Section 3c above), at the same time i) that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) Landlord approve in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers location and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates manner of installation of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, equipment and conditions of the Lease except as to the covenant to pay Rent. trade fixtures (but Landlord shall not be liable in any way for any injuryas a result of, loss or damage which may occur to any of Tenant’s personal propertyin connection with, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, approval); (ii) Tenant, together with its employees, agents that all governmental permits and independent contractors will be subject to approvals required for the installation and will work under the direction use of Landlord’s contractor, such equipment and trade fixtures shall have been obtained; (iii) that Tenant provide Landlord with reasonable evidence that Tenant and its agents contractors involved in the installation of such equipment and contractors agree trade fixtures carry insurance satisfactory to Landlord for such activities; (iv) that the installation and use of such equipment and trade fixtures comply with all applicable laws, regulationslaws and permits and do not interfere in any way with obtaining governmental approvals, permits and other approvals required to perform its work during inspections for, or with Landlord's construction of, the early entry on Expansion Improvements described in EXHIBIT "B". Any such interference shall constitute delays caused by Tenant for purposes of Paragraph 3(c). Except as otherwise provided in this paragraph, all of the Premises. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution terms of this Lease, Tenant may elect except for terms requiring the payment of rent, shall apply to occupy Tenant's early entry onto the Expansion Space and use Floor 1 as interim space. Tenant’s use and occupancy the installation of such space shall be upon equipment and trade fixtures. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to such equipment and trade fixtures by Landlord or its contractors during the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement construction of the Lease Term; providedExpansion Improvements described in EXHIBIT "B", however, that said Commencement Date for Floor 1 shall automatically be deemed and Tenant hereby expressly agrees not to have occurred if Tenant shall fail assert any such claims and to vacate bear the risk of any and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 all such damage and Floor 3any and all related losses.

Early Occupancy. A. As consideration for Tenant’s performance of all obligations to be performed by Tenant under the Lease, and upon receipt of (i) the first month’s Base Monthly Rent and Security Deposit totaling $28,258.00, and (ii) a certificate of insurance as provided by Article 9.1C of the Lease, Landlord shall permit Tenant and its agents to enter and use the Premises from and after “Premises” commencing March 1, 2004 until March 31, 2004 (the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above“Early Occupancy Period”), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all occupancy during the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry Early Occupancy Period shall be deemed subject to be under all of the terms, covenants, provisions, covenants and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that the rent and Common Operating Expenses payable during the Early Occupancy Period shall be waived. B. In the event either party shall bring any action or legal proceeding for damages for alleged breach of any provision of this agreement, to recover rent, to terminate tenancy of the Premises, or to enforce, protect or establish any term or covenant of this agreement or the Lease or right of remedy of either party, the prevailing party shall be entitled to recover as a part of such action or proceeding, reasonable attorney’s fees and court costs as may be fixed by the court or jury. C. In consideration of executing this Early Occupancy Agreement, Tenant agrees to indemnify and save Landlord harmless of and from any and all liability, damage, expense, cause of action, suits or claims or judgments resulting from injury to person or property arising from the use of the Premises by Tenant during the Early Occupancy Period, including loss or damage to Tenant, its equipment, materials or supplies. D. Tenant agrees to cooperate with construction personnel completing the Interior Improvements in the Premises and not cause any delay in the completion of these improvements. It is the intent of Landlord and Tenant that Tenant’s obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any cause or other act of Tenant and, if it is so delayed, and provided that Landlord promptly notifies Tenant in writing of each separate delay and the estimated period of delay, then Tenant’s obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would have commenced absent said Commencement Date for Floor 1 delay caused by Tenant. E. During the Early Occupancy Period, Tenant shall automatically be deemed arrange to have occurred if all utility services, including but not limited to gas, electric, water and trash, billed directly to Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3payment.

Early Occupancy. (i) Landlord agrees to use reasonable efforts to have Landlord’s Work substantially completed by the Estimated Tenant Access Date, subject to delays beyond Landlord’s control or any delays caused by Tenant. Subject to the terms of this Section 3.2, Landlord shall permit in no way be liable to Tenant and its agents to enter the Premises from and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insuranceparty, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord Tenant’ obligations shall not be liable reduced hereunder in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but the event such construction work is not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to substantially completed by the Estimated Tenant Access Date. The “Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant ” shall be at Tenantthe date on which Landlord delivers physical possession of the Premises to Tenant with the Landlord’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors Work substantially complete. Landlord’s Work will be subject to and will work under the direction substantially complete when (a) all of Landlord’s contractorWork is complete, except for punchlist items which do not interfere with the use of the Premises for the permitted use, and (iiib) the Premises may lawfully be occupied and used for the permitted use. Landlord will use all reasonable efforts to substantially complete Landlord’s Work and deliver the Premises to Tenant on or before May 18, 2019. If Landlord does not substantially complete Landlord’s Work and its agents and contractors agree deliver the Premises to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty twenty-two (3022) weeks plus sixty (60) days days after the issuance of a building permit (the “Abatement Date”), as such date may be extended for any Tenant Delay (as defined in Section 4.1 below), then for each day thereafter until such time as the Premises are delivered to Tenant with Landlord’s Work substantially complete, Tenant shall receive a rent credit equal to one day’s Fixed Rent. If Landlord, for any reason, does not substantially complete Landlord’s Work and deliver the Premises to Tenant by twenty-two (22) weeks plus one hundred fifty (150) days after the actual Commencement Date for Floor 2 and Floor 3issuance of a building permit, as such date may be extended due to any Tenant Delay (defined below) or any delay caused by force majeure, then Tenant may, at any time thereafter but prior to the date on which Landlord’s Work is substantially complete, cancel this Lease by giving written notice of such cancellation to Landlord.

Early Occupancy. (i) Landlord shall permit Tenant and its agents has no right to enter the Premises from and after 7th Floor Expansion Space until Landlord tenders possession. Notwithstanding what is set forth herein, Landlord hereby gives permission for Tenant to enter all or any portion of the date that is forty-five (45) days 7th Floor Expansion Space prior to the anticipated 7th Floor Expansion Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order so that Tenant may install phone systemsdo such work as may be required to prepare the 7th Floor Expansion Space for Tenant's occupancy, including the installation of cabling, furnituretelephone equipment, fixtures computer and equipment or perform other work through its own contractors office systems and any leasehold improvements approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter If Tenant so enters any portion the 7th Floor Expansion Space prior to the 7th Floor Expansion Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and Date, Tenant will not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or interfere with any other tenants tenant or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all occupant of the terms, covenants, provisions, and conditions Building. All acts of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property's contractors, includingsubcontractors or laborers are the responsibility of Tenant, but not limited toand Tenant shall indemnify and hold Landlord harmless from and against any and all loss, decorationscost, phone systems, cabling, furniture, fixtures, equipment damage or installations so made prior to the Commencement Date, the same being solely at Tenant’s riskexpense of any nature caused by such personnel. In addition, Tenant agrees (i) any such entry by Tenant access shall be consistent with generally accepted construction practices and in accordance with any and all applicable regulatory requirements. If at Tenant’s sole riskany time such access causes or threatens to cause disharmony or interference, (ii) Tenantincluding labor disharmony, together with its employees, agents and independent contractors Landlord will have the right to immediately withdraw such permission. At all times while Tenant is in occupation of the 7th Floor Expansion Space prior to the 7th Floor Expansion Commencement Date. Tenant will be subject to and will work under the direction of Landlord’s contractor, and (iii) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during of the early entry on the Premises. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions provisions of the Lease as are set forth in this Leaseamended, except that no Base Annual Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.Occupancy Costs will be

Early Occupancy. (i) Landlord shall permit allow Tenant and its agents to enter the Premises when the construction of the Buildings has proceeded to a point where, consistent with good construction practices, Tenant can commence preparation of the Premises for Tenant's occupancy, which shall in no event be later than sixty (60) days prior to the date Landlord projects for Substantial Completion (the "EARLY OCCUPANCY DATE") for purposes of Tenant's installation of Tenant's furniture, cabling, fixtures and equipment. Landlord shall provide Tenant with written notice of the projected Early Occupancy Date at least thirty (30) days prior to such date. Tenant's entry into the Premises from and after the date Early Occupancy Date shall be subject to Tenant's coordination of such entry with Landlord and Landlord's general contractor(s) so as not to hinder or unreasonably interfere with the completion of the Premises and the Tenant Improvements therein. Such early occupancy shall be subject to all of the terms and conditions of this Lease, including, without limitation, those provisions requiring that is forty-five (45) days prior Tenant shall be responsible for all costs, expenses and obligations relating to the anticipated Commencement Date Premises (as set forth in including, without limitation, Sections 17, 20 and 22) except that Tenant will not be obligated to pay any Rent or the notice Monthly Management Fee described in Section 3c above3.3 below during the period of such early occupancy. In addition, Landlord agrees that neither Tenant, nor any contractor or subcontractor of Tenant shall be charged for the use of elevators, hoists (if any), at the same time that Landlord’s contractors are working in the spacewater, in order that Tenant may install phone systemselectricity, cablingHVAC, furniture, fixtures and equipment security or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants utilities or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made services prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. (i) Landlord shall permit Tenant and its agents Subject to enter the availability of the Premises from and after the date that is forty-five (45) days issuance by the City of a temporary certificate of occupancy, Tenant shall be permitted to move its furniture, trade fixtures, equipment, machinery, goods and supplies into the Premises prior to the anticipated Term Commencement Date; the period between the date Tenant commences to occupy the Premises and the Term Commencement Date (being hereinafter referred to as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by "Early Occupancy Period." Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents permitted to commence to occupy the Premises as soon as Substantial Completion of the Improvements occurs and independent contractors will a temporary certificate of occupancy has been issued by the City.. Such occupancy of the Premises shall be subject to and will work under all the direction provisions of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Tenant shall not be required to pay Monthly Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be for the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease TermEarly Occupancy Period; provided, however, that said Tenant shall have provided Landlord proof of Tenant's insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Term Commencement Date shall be at Tenant's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for Floor 1 shall automatically be deemed any damage or loss or destruction of such items brought to have occurred if Tenant shall fail or installed in the Premises prior to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Term Commencement Date for Floor 2 and Floor 3unless such damage, loss or destruction results from Landlord's gross negligence or intentional misconduct.

Early Occupancy. (i) Landlord From and after April 1, 2011, Tenant shall permit Tenant and its agents to enter have the privilege of entering the Premises from for the sole and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, exclusive purpose of installing its furniture, fixtures and equipment or perform other work through its own contractors approved in advance equipment; provided, however (not to be unreasonably withheldi) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time that such entry shall not interfere with construction of the Tenant’s Improvements or the performance of the Landlord’s Work and shall not cause disharmony or interference a labor dispute, (ii) Tenant shall fully cooperate with Landlord to other contractors or laborfacilitate construction and installation of the Tenant’s Improvements and the performance of the Landlord’s Work, including, without limitation, relocating its equipment, machinery, and inventory to include strikes or other work stoppages, this license may be immediately suspended locations designated by Landlord upon notice to Tenant until and taking such time other actions as Landlord receives may reasonably satisfactory assurances require to accommodate Landlord’s critical path construction schedule; without limiting the generality of the foregoing, Tenant shall ensure that any architect, engineer, designer, contractor and xxxxxxx employed by Tenant observes such disharmony requirements, and prior to commencement of any work in the Premises, makes appropriate arrangements with Landlord, particularly with respect to: material handling and hoisting facilities; material and equipment storage; time and place of deliveries; hours of work and coordination of work; power, heating and washroom facilities; scheduling; security; and clean-up, (iii) all the terms, covenants and conditions of this Lease shall apply in full force and effect to such entry (other than Tenant’s covenant to pay rental amounts hereunder), (iv) Tenant shall defend, indemnify and hold harmless Landlord, its agents, employees and contractors from and against any and all loss, cost, damage, expense (including reasonable attorneys’ fees and court costs) arising from or interference shall cease. Such related to such entry, (v) any such entry shall be deemed to be under all of the terms, covenants, provisions, at Tenant’s risk and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way have no liability for any injuryloss, loss damage or damage which may occur injury to any of Tenant’s personal property, includingequipment, but employees or agents which may be on or about the Premises during the period of such entry and Tenant hereby releases Landlord from any claim with respect thereto from whatever cause, (vi) Tenant shall furnish Landlord with certificates of insurance evidencing insurance against claims under workmen’s compensation acts and employer’s liability acts, with statutorily prescribed limits for worker’s compensation coverage and with limits of not limited toless than $1,000,000 per occurrence for employer’s liability, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior (vii) to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) extent any such entry by delays completion of the Improvements, such delay shall constitute a Tenant Delay and an Event of Force Majeure and Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of responsible for Landlord’s contractorcosts, including lost rent, resulting therefrom, and (iiiviii) Landlord shall reasonably cooperate with Tenant and its agents and contractors agree to comply with all applicable lawspermit Tenant to establish such security measures, regulations, permits and other approvals required to perform its work during the early entry on the Premises. (ii) At Tenant’s option upon written notice at no cost to Landlord, at any time after the execution of this Lease, as Tenant may elect reasonably request regarding access and other controls reasonably necessary to occupy and use Floor 1 as interim space. provide security for Tenant’s use equipment and occupancy of such space shall be upon the same terms property and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use its proprietary and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 confidential business data and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3information.

Early Occupancy. (i) Landlord Except for the purpose of supervising Tenant's Initial Improvements, and as hereinafter provided, neither Tenant nor its agents, employees, invitees or independent contractors shall permit Tenant and its agents to enter the Premises from and after during the date that is forty-five (45) days prior to performance of Tenant's Initial Improvements. Upon the anticipated Commencement Date (as set forth in the notice described in Section 3c above)granting of consent by Landlord, at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (which shall not to be unreasonably withheld) in writing by Landlord. The foregoing license to , delayed or conditioned, Tenant or its agents may enter the Premises prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working to perform such decorative or other tenant finishing work as it may desire provided that such work in harmony and not interfering no way interferes with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, performance of Tenant's Initial Improvements and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, covenants and conditions of the Lease this Lease, except as to the covenant to pay Base Rent. Landlord shall not be liable In the event Landlord, in its sole discretion, determines that the performance by Tenant or any of its agents of any such Tenant finish work is impeding or impairing in any way for any injury, loss or damage which may occur to any the performance of Tenant’s personal property's Initial Improvements, includingthen, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior upon notice to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees shall cease or cause the cessation of all such work until the receipt of notification from Landlord that Tenant may once again enter the Premises in order to perform such work. Tenant shall indemnify and save Landlord harmless from and against any and all loss, liability, damage, cost and expense, including without limitation, reasonable attorneys' fees and disbursements at all trial and appellate levels, claimed or actually arising from, growing out of or related to (ia) any such entry by act, neglect or failure to act of Tenant shall be at or anyone entering the Premises or Building with Tenant’s sole risk's permission, (iib) the performance of such Tenant's finish work, together with its employees, agents and independent contractors will be subject to and will work under or (c) any other reason whatsoever arising out of said entry upon the direction Premises or Building. The provisions of Landlord’s contractor, and (iii) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during this Section 5.6 shall survive the early entry on the Premises. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution termination of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. (i) Landlord shall permit Tenant and its agents exercise commercially reasonable efforts to enter deliver possession of the Premises to Tenant promptly following the date Landlord’s lender consents to this Lease so that Tenant may install its furniture and furnishings and, subject to the terms of Paragraph 13 below, commence construction or installation of Tenant’s leasehold improvements and trade fixtures, prior to the Commencement Date. In no event shall Tenant be entitled to occupy the Premises for the purposes stated in the immediately preceding sentence or otherwise prior to Landlord’s lender consenting to this Lease. If, prior to the Commencement Date of this Lease, Tenant commences any work in the Premises for which a building permit is obtained (or is required to be obtained), then, from and after the date that is forty-five (45) days prior to Tenant commences such work through the anticipated Commencement Date (as set forth in and thereafter during the notice described in Section 3c aboveLease Term), at Tenant shall pay for all Services (as defined in Paragraph 9 below) supplied to or consumed on the same time that Landlord’s contractors are working Premises and Tenant shall contract for such Services in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with name as of the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates commencement of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rentwork. Landlord shall not be liable in or responsible under any way circumstances for any injurydamage, loss loss, or damage which may occur to theft of any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixturesfurnishings, equipment equipment, or installations so made inventory placed in the Premises prior to the Commencement Date, the same being solely at and Tenant hereby waives and releases Landlord and its agents, contractors, and employees, from and against any and all claims, liabilities, damages, actions, causes of action, costs and expenses arising from or related to any loss, damage or theft of Tenant’s riskpersonal property, furniture, furnishings, equipment or inventory placed in the Premises prior to the Commencement Date. In addition, Tenant agrees (i) any shall take reasonable steps to ensure that such entry or performance of work by Tenant or its contractors (or such moving of personal property, furniture, furnishings, equipment or inventory into the Premises as provided above) does not interfere in any manner with, or delay the completion of, any work required to be performed by Landlord to satisfy Landlord’s obligations under Paragraph 2.2 above. Any entry into the Premises by Tenant, its agents, contractors and employees, prior to the Commencement Date of the Lease shall be at Tenant’s the sole risk, (ii) risk of Tenant, together with and Tenant hereby releases Landlord, its agents, contractors, and employees, agents from any and independent contractors will be subject to and will work under the direction all liability, cost, damage, lien, action, cause of Landlord’s contractoraction, judgment, expense, and claim for injury (iiiincluding bodily injury, death, or property damage) (collectively, “Claims”) incurred or suffered by Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work in or about the Premises during the early entry on construction of any improvements in the Premises. (ii) At Tenant’s option upon written notice Premises by Landlord or its contractors or subcontractors prior to Landlord, at any time after the execution Commencement Date of this Lease. Tenant hereby indemnifies, defends, and holds Landlord, its agents, contractors, and employees, harmless from and against any and all Claims, including, without limitation, attorneys’ fees and costs, made against Landlord by any party, as a result of any entry into or inspection of the Premises or Common Area made by Tenant, its agents, contractors, employees, or invitees, during the performance of any work by Landlord or its contractors in satisfying Landlord’s obligations under Paragraph 2.2 above. The obligations of Tenant may elect under the immediately preceding sentence shall survive the expiration or earlier termination of the Lease. If Tenant or any of its agents, employees or contractors enter the Premises prior to occupy and use Floor 1 the Commencement Date as interim space. Tenant’s use and occupancy of provided above, then such space entry shall be upon all the same terms and conditions as are set forth in of this LeaseLease (including, without limitation, Tenant’s obligations regarding indemnity and insurance), except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 Tenant shall not constitute or be deemed obligated to be pay Rent prior to the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3Date.

Early Occupancy. (i) Landlord Except as hereinafter provided, neither Tenant nor its agents, employees, invitees or independent contractors shall permit Tenant and its agents to enter the Premises from and after during the date that is forty-five (45) days performance of Landlord's Improvements. Upon the granting of consent by Landlord, which shall not be unreasonably withheld, Tenant or its agents may enter the Premises prior to the anticipated Lease Commencement Date (to perform such pre-construction work as set forth it may desire provided that such work in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering no way interferes with the labor employed by performance of Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, 's Improvements and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, covenants and conditions of the Lease this Lease, except as to the covenant to pay Rent. Landlord shall not be liable In the event Landlord, in its sole discretion, determines that the performance by Tenant or any of its agents of any such Tenant pre-construction work is impeding or impairing in any way for any injurythe performance of Landlord's Improvements, loss or damage which may occur then, upon notice to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees shall cease or cause the cessation of all such work until the receipt of notification from Landlord that Tenant may once again enter the Premises in order to perform such work. Tenant shall indemnify and save Landlord harmless from and against any and all loss, liability, damage, cost and expense, including without limitation, reasonable attorneys' fees and disbursements, claimed or actually arising from, growing out of or related to (ia) any such entry by act, neglect or failure to act of Tenant shall be at or anyone entering the Premises or Building with Tenant’s sole risk's permission, (iib) the performance of such Tenant's pre-construction work, together with its employees, agents and independent contractors will be subject to and will work under or (c) any other reason whatsoever arising out of said entry upon the direction Premises or Building. The provisions of Landlord’s contractor, and (iii) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during this Section V.6 shall survive the early entry on the Premises. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution termination of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. As provided above, Landlord and Tenant agree that not later than four (i4) weeks prior to the substantial completion of the Initial Improvements to be constructed by Landlord shall permit in the Premises pursuant to the terms of Exhibit C attached hereto, Tenant and its agents to contractors may enter the Premises from to install its fixtures and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth manufacturing floor, furniture and furnishings and telephone and telecommunication wiring and cabling in the notice described in Section 3c above), at the same time that Landlord’s contractors are working Premises and to place inventory in the spacePremises. Such installation of Tenant’s fixtures, manufacturing floor, furniture and furnishings and telecommunication wiring and cabling in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter the Premises prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and alone shall not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained be deemed opening for business in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time Premises (as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rentprovided in Paragraph 3.1(c) above). Landlord shall not be liable in or responsible under any way circumstances for any injurydamage, loss loss, or damage which may occur to theft of any of Tenant’s personal propertyequipment, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment furniture or installations so made furnishings placed in the Premises prior to the Commencement Date, the same being solely at and Tenant hereby waives and releases Landlord and its agents, contractors, and employees, from and against any and all claims, liabilities, damages, actions, causes of action, costs and expenses arising from or related to any loss, damage or theft of Tenant’s riskequipment, furniture and/or furnishings placed in the Premises prior to the Commencement Date. In additionAny entry into the Premises by Tenant, Tenant agrees (i) any such entry by Tenant its agents, contractors and employees, prior to the Commencement Date of the Lease shall be at Tenant’s the sole risk, (ii) risk of Tenant, together with and Tenant hereby releases Landlord, its agents, contractors, and employees, agents from any and independent contractors will be subject to and will work under the direction all liability, cost, damage, lien, action, cause of Landlord’s contractoraction, judgment, expense, and claim for injury (iiiincluding bodily injury, death, or property damage) (collectively, “Claims”) incurred or suffered by Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work in or about the Premises during the early entry on construction of any improvements in the Premises. (ii) At Tenant’s option upon written notice Premises by Landlord or its contractors or subcontractors prior to Landlord, at any time after the execution Commencement Date of this Lease. Tenant hereby indemnifies, defends, and holds Landlord, its agents, contractors, and employees, harmless from and against any and all Claims, including attorneys’ fees and costs, made against Landlord by any party, or incurred by Landlord, as a result of any entry into or inspection of the Premises or Common Area made by Tenant, its agents, contractors, employees, or invitees, during the construction of the Initial Improvements referred to in Exhibit C attached hereto. The obligations of Tenant may elect under the immediately preceding sentence shall survive the expiration or earlier termination of the Lease. If Tenant or any of its agents, employees or contractors enter the Premises prior to occupy and use Floor 1 the Commencement Date as interim space. Tenant’s use and occupancy of provided above, then such space entry shall be upon all the same terms and conditions as are set forth in of this LeaseLease (including, without limitation, Tenant’s obligations regarding indemnity and insurance), except that no Base Tenant shall not be obligated to pay Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed Common Area Charges prior to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3Date.

Early Occupancy. (i) Landlord Subject to the availability of the Premises, Tenant shall permit Tenant be permitted to move its furniture, trade fixtures, equipment, machinery, goods and its agents to enter supplies into the Premises from and after the date that is forty-five ten (4510) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Term Commencement Date, the same period between the date Tenant commences to occupy the Premises being solely at Tenant’s riskhereinafter referred to as the "Early Occupancy Period". In addition, Tenant agrees (i) any such entry by Tenant Such occupancy of the Premises shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under all the direction provisions of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Tenant shall not be required to pay Monthly Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be for the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease TermEarly Occupancy Period; provided, however, that said Tenant shall have provided Landlord proof of Tenant's insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Term Commencement Date shall be at Tenant's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for Floor 1 shall automatically be deemed any damage or loss or destruction of such items brought to have occurred if or installed in the Premises prior to the Term Commencement Date. Prior to the Term Commencement Date, Landlord will provide Tenant shall fail access to vacate any floor that Tenant may reasonably require in order to core drill and surrender its interim possession of Floor 1 pull cable in accordance with plans approved by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3Landlord.

Early Occupancy. (i) In the event Landlord shall permit Tenant achieves substantial completion with respect to any portion of the Premises, as evidenced by the issuance of a temporary certificate of occupancy and its agents to enter tenders that portion of the Premises to Tenant pursuant to Section 3.1 below, and (2) Tenant opens for business from and after that portion of the date Premises, Tenant shall not be required to pay to Landlord Rent (defined in Section 2. 1(C)) on that is forty-five (45) days prior to portion of the anticipated Premises until the Rent Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that i.e. no Base Rent or Additional Rent shall be due or payable with respect thereto. to the Premises prior to the Rent Commencement Date notwithstanding Tenant’s use and occupancy of Floor 1 portions of the Premises prior to the Rent Commencement Date). Notwithstanding the foregoing, the fact that Landlord has tendered a portion of the Premises to Tenant prior to the Rent Commencement Date (defined in Section 2.1(A)) shall not constitute effect the Lease Term or be deemed to be the Rent Commencement Date which shall be determined in accordance with Section 2.1(A). In the event the Completion Date (defined in Exhibit E) has not occurred by April 14, 2003 with respect to Floor 1 and the entire Premises, Landlord shall utilize commercially reasonable efforts to cause the Work (defined in Exhibit E) to be substantially completed, as evidenced by the issuance of a temporary certificate of occupancy or certificate of occupancy for not constitute the commencement less than 30,000 Rentable Square Feet of the Lease Term; providedPremises on or before April 14, however2003, as said date is extended as a result of Tenant Delay (defined in Exhibit E) and as a result of Force Majeure (defined in Schedule 1.1) and tenders that said Commencement Date portion of the Premises to Tenant, subject to the completion of items on the Punch List (defined in Exhibit E), pursuant to Section 3.1 below with respect to that portion of the Premises tendered by Landlord to Tenant. The sole remedy for Floor 1 shall automatically be deemed the failure of Landlord to have occurred if Tenant shall fail to vacate substantially complete not less than 30,000 Rentable Square Fee of the Premises and surrender its interim tender possession of Floor 1 by that portion of the Premises to Tenant on or before April 14, 2003, as said date that is thirty extended as a result of Tenant Delay (30defined in Exhibit E) days after and as a result of Force Xxxxxx (defined in Schedule 1.1) is the actual Commencement Date for Floor 2 and Floor 3rent abatement provided in Section 2.1(E) below.

Early Occupancy. (i) Landlord shall permit Tenant and its agents Subject to enter the availability of the Premises from and after the date that is forty-five (45) days issuance by the City of a temporary certificate of occupancy, Tenant shall be permitted to move its furniture, trade fixtures, equipment, machinery, goods and supplies into the Premises prior to the anticipated Commencement Improvement Completion Date; the period between the date Tenant commences to occupy the Premises and the Improvement Completion Date (being hereinafter referred to as the “Early Occupancy Period.” Tenant shall be permitted to commence to occupy the Premises as soon as Substantial Completion of the Improvements occurs and a temporary certificate of occupancy has been issued by the City.. Such occupancy of the Premises shall be subject to all the provisions of this Lease, except that Tenant shall not be required to pay Monthly Base Rent for the Early Occupancy Period; provided, however, that Tenant shall have provided Landlord proof of Tenant’s insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the notice described in Section 3c above)Premises during the Early Occupancy Period. All furniture, at the same time that Landlord’s contractors are working materials, work, installations, equipment and decorations of any nature brought upon or installed in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter Premises prior to the Commencement Improvement Completion Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of . Neither Landlord nor any party acting on Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at behalf shall be responsible for any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy damage or loss or destruction of such space shall be upon items brought to or installed in the same terms and conditions as are set forth in this LeasePremises prior to the Improvement Completion Date unless such damage, except that no Base Rent loss or Additional Rent shall be due destruction results from Landlord’s gross negligence or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3intentional misconduct.

Early Occupancy. A. As consideration for Tenant's performance of all obligations to be performed by Tenant under the Lease, and upon receipt of (i) the first month's Base Monthly Rent and Security Deposit totaling $1,001,968.48, and (ii) a certificate of insurance as provided by Article 9.1C of the Lease, Landlord shall permit Tenant and its agents to enter and use the Premises from and after the date that is forty-five commencing thirty (4530) days prior to the anticipated Scheduled Commencement Date (as set forth in the notice described in Section 3c above"Early Occupancy Period"), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all occupancy during the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry Early Occupancy Period shall be deemed subject to be under all of the terms, covenants, provisions, covenants and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that the rent payable during the Early Occupancy Period shall be waived. B. In the event either party shall bring any action or legal proceeding for damages for alleged breach of any provision of this agreement, to recover rent, to terminate tenancy of the Premises, or to enforce, protect or establish any term or covenant of this agreement or the Lease or right of remedy of either party, the prevailing party shall be entitled to recover as a part of such action or proceeding, reasonable attorney's fees and court costs as may be fixed by the court or jury. C. Tenant agrees to cooperate with construction personnel completing the Interior Improvements (as defined in Exhibit B to the Lease) in the Premises and not cause any delay in the completion of these improvements. It is the intent of Landlord and Tenant that Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any cause or other act of Tenant and, if it is so delayed, and provided that Landlord promptly notifies Tenant in writing of each separate delay and the estimated period of delay, then Tenant's obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would have commenced absent said Commencement Date for Floor 1 delay caused by Tenant. D. During the Early Occupancy Period, Tenant shall automatically be deemed arrange to have occurred if all utility services, including but not limited to gas, electric, water and trash, billed directly to Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3payment.

Early Occupancy. (i) Landlord Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to Exhibit D hereof, Tenant shall permit Tenant and its agents be permitted to enter the Premises from and at any time on or after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above)April 1, at the same time that Landlord’s contractors are working in the space2023, in order that Tenant it may install phone its security systems, cablingcabling and fixturizing the Premises, furnituresubject to Landlord’s prior written approval, fixtures and equipment or perform other work through otherwise in accordance with the requirements of Section 7.3 of this Lease and/or to commence its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlordnormal business operations therein. The foregoing license to enter the Premises prior to the Commencement Date is however, conditioned upon (i) the compliance by Tenant’s workers contractors with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and mechanics working its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in harmony amounts and not interfering with the labor employed by companies and on forms satisfactory to Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to proceeding with any such entry upon and (ii) Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the Premiseswork being performed by Landlord, if any. If at any time such that entry shall cause disharmony or interference to other contractors or labor, to include strikes or other interfere with the work stoppagesbeing performed by Landlord, this license may be immediately suspended withdrawn by Landlord upon 24 hours’ written notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall ceaseTenant. Such entry shall be deemed to be under all Tenant’s occupancy of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made Premises prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant Date shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to all of the terms and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution obligations of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon including the same terms and conditions as are set forth in this Leaseindemnity provisions herein, except that no Base Tenant shall not be required to pay Basic Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy Share of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, Operating Expenses during that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.period. ARTICLE

Early Occupancy. (i) Landlord Tenant shall permit Tenant and its agents have the right to enter occupy the Premises from and after before the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in for the notice described in Section 3c above), at the same time that Landlordpurpose of installing Tenant’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment and IT and telecommunications equipment and cable (“Early Occupancy Work”) for a period of thirty (30) days (the “Early Occupancy Period”). During the Early Occupancy Period, Tenant’s occupancy of the Premises will be subject to all of the provisions of this Lease except that Tenant shall not be obligated to pay any Rent. Early occupancy of the Premises will not advance the Expiration Date. Tenant will carry out or perform other work through its own contractors approved in advance (not cause to be carried out the Early Occupancy Work at its sole cost and expense, in an orderly manner so as to avoid unreasonably withheldinterfering with or interrupting the construction operations of Landlord, in full compliance with all applicable governmental laws, rules, regulations, and codes. Tenant, at its sole cost and expense, shall obtain any and all permits, licenses, and approvals that may be required in order to make lawful Tenant's entry onto the Property and performance of the Early Occupancy Work. Tenant's activities within the Building shall be at its sole risk, and neither Landlord nor Landlord’s affiliates shall be responsible for the safety of Tenant or its agents or employees, or for the condition or loss of any items of personal property brought onto the Property. Tenant assumes full responsibility for the Early Occupancy Work and for all damages or losses arising from Tenant’s entry on the Property or performance of Early Occupancy Work suffered by Tenant, Landlord, or either party's agents, contractors, employees, or invitees, whether such damage or loss occurs in the Building or on any other part of the Property. Tenant shall defend, indemnify, protect, and hold harmless Landlord, its heirs successors, assigns, and Landlord’s affiliates, against and from all liabilities, obligations, losses, damages (including, without limitation, attorney's fees and expenses) in writing paid, suffered, or incurred by Landlord as a result of any breach by Tenant of any covenant or condition of this Lease, or as a result of Tenant’s entry onto the Property or performance of the Early Occupancy Work, excluding any losses, damages, penalties, claims, liens, costs, and expenses arising from Landlord’s gross negligence or willful misconduct. The foregoing license to enter Tenant shall coordinate the Early Occupancy Work through the planning stage prior to the Commencement Date is conditioned upon Final Plans and Specifications so that the scope of the Early Occupancy Work can be understood, planned, and coordinated during the construction. Prior to commencing the Early Occupancy Work, Tenant will meet with Landlord or Landlord’s designated representative to review the intended scope of the Early Occupancy Work. Tenant’s workers and mechanics working in harmony and performance of the Early Occupancy Work shall not interfering interfere with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, construction and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other related work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents cost and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim spaceexpense. Tenant’s use and occupancy of such space Early Occupancy Work shall be upon limited to areas internal to the same terms Building unless agreed to by Landlord. Tenant acknowledges and conditions as are set forth in this Lease, except agrees that no Base Rent Tenant may not occupy the Premises or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed conduct business from the Premises prior to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3Date.

Early Occupancy. If Landlord obtains a fully-executed Termination Agreement, for purposes of performing the Work described in Exhibit D hereto, Tenant shall have the right to enter and occupy the Premises beginning on the later of (i) Landlord the Effective Date or (ii) the date of the Termination Agreement. By so using or occupying the Premises, Tenant shall permit Tenant and its agents be deemed to enter have accepted the Premises from and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above)including any improvements, at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniturealterations, fixtures and equipment therein or perform other work through its own contractors approved thereto) AS-IS, WHERE-IS and WITH ALL FAULTS, in advance their condition as of the date of such use or occupancy; except that Landlord shall deliver the roof in watertight condition and the mechanical, electrical and plumbing systems and the roll up doors in good working condition. Tenant acknowledges and agrees that Landlord has limited knowledge of the condition or intended use of any of the existing improvements, alterations, fixtures or equipment that were installed and/or used by Xxxxxx and/or SangStat, that Tenant is accepting such existing improvements, alterations, fixtures and equipment in their condition as of the date of Tenant’s first use or occupancy of all or any portion of the Premises, and that Landlord’s obligation to deliver the mechanical, electrical and plumbing systems in good working condition is expressly limited by and subject to the impact (not to be unreasonably withheldif any) in writing that the existence and condition of such existing improvements, alterations, fixtures and equipment may have on such systems. Occupancy of the Premises by Landlord. The foregoing license to enter Tenant prior to the Rent Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed subject to be under all of the termsprovisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent, covenants, provisions, provided that Tenant shall pay any and conditions all costs (including utility costs and costs of any additional insurance Landlord determines is necessary in connection with such early occupancy) directly related to such occupancy of the Lease except as to the covenant to pay RentPremises by Tenant. The obligations of Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (iunder this Section 3(c) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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 are expressly conditioned on the Premises. (ii) At Tenant’s option upon written notice to Landlord, at any time after the full execution of this Lease, Tenant may elect to occupy and use Floor 1 a Termination Agreement as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth provided in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3Section 3(a).

Early Occupancy. Tenant may, at its option, take early possession of the 1003 Premises subject to the following conditions: (i) Landlord shall permit has completed the Tenant Improvement Work as described in paragraph 10 and its agents Exhibit C below, (ii) Landlord has completed cleaning, touch-up and repair work as described as paragraph 9 below, (iii) Landlord and Tenant have executed and delivered this Second Amendment, and (iv) Tenant has delivered to enter the Premises from and after the date Landlord written evidence that is forty-five (45) days prior to the anticipated Commencement Date (Tenant has satisfied Tenant’s insurance requirements as set forth in paragraph 11 of the notice described in Section 3c above)Lease. Notwithstanding such early possession, at Tenant shall not be required to pay basic rent or operating costs with respect to the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter 1003 Premises prior to the Commencement Date is conditioned upon October 1, 2015 commencement of the term with respect to the 1003 Premises, but Tenant’s workers and mechanics working in harmony and not interfering with possession of the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished 1003 Premises pursuant to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry paragraph shall be deemed subject to be under all of the terms, covenants, provisions, other terms and conditions of the Lease except as Lease. If Tenant exercises its right to take possession of the covenant 1003 Premises pursuant to pay Rent. this paragraph, Landlord shall not be liable in any way for any injury, loss or damage interference with Tenant’s business which may occur result during the period in which Tenant Improvements (as defined in the Construction Work Letter Agreement attached hereto as Exhibit C) are being made to any of the Premises or cleaning, touch-up or repairs occur. Notwithstanding the above, Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior IT personnel may have access to the Commencement Date1003 Premises during Tenant Improvement construction and Landlord’s cleaning, the same being solely at touch-up and repair work so that Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at IT contractor’s may effectively and timely install Tenant’s sole risk, (ii) Tenant, together with its employees, agents voice and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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 Premisesdata IT system. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. (i) Landlord shall permit Tenant Any use and its agents to enter occupancy of the Premises by Tenant from and after the date that is forty-five (45) days prior to the anticipated Commencement Turnover Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed subject to be under each and all of the terms, covenants, provisions, terms and conditions provisions of the this Lease except as applicable to the covenant Premises during the Term, except that: (i) Tenant shall have no obligation to pay Rent. Landlord shall not be liable in any way Base Rent or Additional Rent with respect to the Premises for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made such period prior to the Commencement Date, and (ii) except as provided in this paragraph, Landlord shall have no obligation to furnish any janitorial or other Building services to the Premises at any time prior to the Commencement Date. Notwithstanding the foregoing, but subject to the last sentence of this Section 28.D. below, Tenant shall have the right to occupy any portions or all of the Premises for the conduct of business operations therefrom prior to the Commencement Date; provided that Tenant’s occupancy of any portion of the Premises for the conduct of its business prior to the Commencement Date shall only occur if it is then lawful to do so and if the Building is then completed to the extent necessary such that Landlord is reasonably capable of providing the Building services required under this Lease. Subject to the terms of the preceding sentence and the terms of the last sentence of this Section 28.D., if Tenant elects to occupy any portions or all of the Premises for the conduct of business operations therefrom prior to the Commencement Date, then Tenant shall give not less than two (2) business days’ prior notice thereof to Landlord, and Landlord agrees to furnish, to the Premises, janitorial and other Building services otherwise required of Landlord hereunder, as of the date when such operations are to commence and Tenant has requested for Landlord to begin furnishing such services (such date, the “Early Occupancy Date”) and through the date immediately preceding the Commencement Date, whereupon Tenant shall be obligated to pay Landlord, for the entire Premises an agreed upon user charge on account of janitorial and other Expenses associated with Tenant’s occupancy (the “Early Occupancy Charge”) in the amount of the Early Occupancy Charge set forth in Section 1.Q. above (prorated on a per diem basis for any partial calendar month), for the period from and after the Early Occupancy Date and through the date immediately preceding the Commencement Date. Payment of the Early Occupancy Charge shall be paid monthly, in advance (with the first payment being due and owing on or before the Early Occupancy Date) in accordance with the same being solely at Tenant’s riskterms as applicable to payment of Base Rent hereunder, and shall be deemed “Rent” for purposes of this Lease. In additionTenant shall, Tenant agrees in any event, be required to pay (i) any such entry by Tenant electricity charges for the Premises for all periods from and after the Turnover Date and prior to the Commencement Date, which payments shall be at Tenant’s sole riskmade directly to the electrical utility company pursuant to separate metering covering all such space, and (ii) Tenant, together with its employees, agents and independent contractors will be subject any after-hours' HVAC costs based on after-hours' HVAC service furnished to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, Premises at any time after following the execution of this Lease, Tenant may elect Early Occupancy Date and prior to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect at Tenant's request therefor (which terms and provisions governing after hours' HVAC prior to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed the same after hours' HVAC terms and provisions (including charges) as would apply during the Term pursuant to have occurred if Section 8.D. above, and which after hours' HVAC charges shall be payable by Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is Landlord within thirty (30) days following Landlord's written request therefor from time to time). Without limitation of the foregoing terms of this paragraph, all terms and provisions of this Lease (including, without limitation, Tenant's obligation to pay Base Rent, Additional Rent and all other charges due and owing from Tenant as set forth herein, and Landlord's obligation to furnish all base Building services required to be furnished by Landlord hereunder) with respect to the Premises shall, in any event, apply for the period from and after the actual Commencement Date and thereafter through the Term of this Lease. Notwithstanding the foregoing or anything in this Lease to the contrary, in no event shall Tenant be permitted to occupy the Premises for Floor 2 and Floor 3.the conduct of any business operations therefrom at any time prior to the ninetieth (90th) day following the Turnover Date, unless Landlord otherwise agrees, in writing, at Landlord's sole discretion. E.

Early Occupancy. (i) Landlord shall permit Notwithstanding anything to the contrary in this Lease, Tenant and its agents to enter the Premises from and after the date that is forty-five (45) days prior to the anticipated Commencement Date Tenant's Parties (as set forth in defined below) shall have the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, right at any time after the execution of this LeaseEffective Date to enter the Premises, at their sole risk, to install the Tenant may elect to occupy Improvements and use Floor 1 Tenant's Trade Fixtures (as interim space. Tenant’s use defined in Section 9.1), communications equipment and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Termother equipment therein; provided, however, that said Commencement Date for Floor 1 (i) Tenant's early entry shall automatically be deemed to have occurred if not unreasonably interfere with any of Landlord's activities on the Premises during such period; (ii) Tenant shall fail to vacate and surrender its interim possession give Landlord written notice of Floor 1 by the date that is thirty such entry at least five (305) days in advance; (iii) such entry on the Premises shall be on the terms of this Lease, except that Tenant shall not be required to pay any monthly Base Rent hereunder during any period of early entry, (iv) during such period of early occupancy, the cost of all utilities services, including but not limited to storm and sanitary sewer service, gas, electric, domestic and irrigation water and trash shall be evenly divided between Landlord and Tenant while the Base Building (as defined in the Improvement Agreement) is being constructed and, after the actual Commencement Date Base Building is complete, shall be paid exclusively by Tenant, and all such utility costs to be paid by Tenant under this Section 2.2 shall be treated as part of the costs of the Tenant Improvements for Floor 2 the purposes of the capitalization thereof; (v) Tenant shall provide Landlord before such early entry with certificates of the insurance required of Tenant pursuant to the terms of this Lease and Floor 3(vi) such early entry will only be allowed if Master Lessor and Ground Lessor have already consented to this Lease in writing.

Early Occupancy. A. At least ninety (i) Landlord shall permit Tenant and its agents to enter the Premises from and after the date that is forty-five (4590) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) Tenant and its agents contractors shall have access to the Demised Premises (the “Early Occupancy”) for the sole purpose of installing its trade and contractors agree to comply with all applicable lawsoperating fixtures, regulationsdata, permits telephone cabling and wiring, security system, and other approvals required to perform its work during fixtures, furniture and equipment (the early entry on “FF&E”) and any and all other normal tenant improvements necessary for the Premises. (ii) At proper operation of Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. business (“Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect theretoWork”). Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and Such Early Occupancy shall not constitute the commencement of the Lease Term; provided. During Early Occupancy, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 be bound by the date that is thirty following obligations: (30i) prior to any entry during Early Occupancy, Tenant shall provide Landlord with evidence of the insurance required in Section 17.01 hereof, with the liability insurance policy naming Landlord as additional insured; (ii) any subcontractor of Tenant having access to the Demised Premises during the Early Occupancy shall provide Landlord (x) with evidence of liability insurance, including contractual liability insurance, with insurance carriers acceptable to Landlord, having combined single limits of at least $1,000,000.00 per occurrence and naming Landlord as an additional insured and (y) an indemnification in favor of Landlord and Tenant, (iii) Tenant shall be bound by the indemnity provision set forth in Section 21.01 hereof, but only for the actions or failures to act of Tenant, its contractors, agents, employees and/or invitees and the only indemnified party during Early Occupancy shall be Landlord, (iv) Tenant shall be liable for an Environmental Condition (as defined herein) caused by Tenant, its agents, employees, invitees and contractors. Any breach by Tenant of its obligations under this Section 1.04, and failure to cure said breach within five (5) days after following receipt of such breach from Landlord, Tenant shall pay to Landlord an amount equal to $20,000.00 per day, as and for Landlord’s liquidated damages, until Tenant cures the actual Commencement Date for Floor 2 and Floor 3breach.

Early Occupancy. (i) Landlord shall permit Tenant and its agents Subject to enter the availability of the Premises from and after the date that is forty-five (45) days issuance by the City of a temporary certificate of occupancy, Tenant shall be permitted to move its furniture, trade fixtures, equipment, machinery, goods and supplies into the Premises prior to the anticipated Commencement Improvement Completion Date; the period between the date Tenant commences to occupy the Premises and the Improvement Completion Date (being hereinafter referred to as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by "Early Occupancy Period." Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents permitted to commence to occupy the Premises as soon as Substantial Completion of the Improvements occurs and independent contractors will a temporary certificate of occupancy has been issued by the City.. Such occupancy of the Premises shall be subject to and will work under all the direction provisions of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Tenant shall not be required to pay Monthly Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be for the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease TermEarly Occupancy Period; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail have provided Landlord proof of Tenant's insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to vacate the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and surrender its interim possession decorations of Floor 1 by any nature brought upon or installed in the date that is thirty (30) days after Premises prior to the actual Commencement Improvement Completion Date shall be at Tenant's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for Floor 2 and Floor 3any damage or loss or destruction of such items brought to or installed in the Premises prior to the Improvement Completion Date unless such damage, loss or destruction results from Landlord's gross negligence or intentional misconduct.

Early Occupancy. Notwithstanding Section 2(a) hereof, to effect Tenant's program of improvements to such space, immediately upon the full execution and delivery of this Lease to Landlord accompanied by the Security Deposit and the Letter of Credit (iwhich Letter of Credit may be delivered within ten (10) Landlord days after such full execution) required pursuant to Section 29, all terms of this Lease shall permit be in full force and effect and Tenant and its agents shall have the right to enter into the Premises from and after the date that is forty-five (45) days prior Premises, subject to the anticipated Commencement Date following terms and conditions: (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withhelda) in writing by Landlord. The foregoing license to enter Tenant's entry prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with shall be on all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, terms and conditions of this Lease, other than the Lease except as to the covenant obligation to pay Rent. ; (b) Tenant shall provide evidence of the insurance coverage required by Section 15 of this Lease; (c) Tenant shall indemnify, defend, and hold harmless Landlord shall not be liable in any way for any injuryand Landlord's agents, loss or damage which may occur to any of employees, and contractors against all claims, liability, and damages arising from Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made 's entry prior to the Commencement Date, unless the same being solely at Tenant’s risk. In additionarise from the (a) gross negligence or willful misconduct of Landlord, Tenant agrees its agents, contractors, or employees until such time as the Base Building Improvements shall have been completed and (ib) any such entry by Tenant shall be at Tenant’s sole riskthereafter, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under Section 14 herein, the direction negligence or willful misconduct of Landlord’s contractor, and (iii) Tenant and its agents and contractors agree to comply with all applicable lawsagents, regulationscontractors, permits and other approvals required to perform its work during the early entry on the Premisesor employees. (iid) At Tenant’s option upon written notice 's entry prior to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall does not constitute the commencement of the Lease Termand the expiration date shall not change as result of such entry by Tenant; providedand (e) Between the Delivery Date and the Commencement Date, howeverTenant shall pay directly for all utilities and services in connection with its construction of the Tenant Improvements. (f) Commencing on the Commencement Date, Tenant shall pay directly for all charges and assessments for telephone, water, sewer, gas, heat, electricity, garbage disposal, trash disposal, fire sprinkler and alarm monitoring, real property taxes, personal property taxes and all other utilities, and for its share of maintenance charges and services of any kind, if any, that said Commencement Date for Floor 1 may be furnished to the Property by Landlord based on Tenant's actual usage of same. Notwithstanding the foregoing, if, in Landlord's reasonable opinion, such actual usage cannot be reasonably ascertained, then Tenant's share shall automatically be deemed based on a fraction equal to have occurred if Tenant shall fail to vacate and surrender its interim possession the Rentable Area of Floor 1 the Building divided by the date that is thirty (30) days after number of rentable square feet contained in the actual Commencement Date for Floor 2 and Floor 3Central Research Park.

Early Occupancy. (i) Landlord shall permit Except as expressly permitted under the terms of this --------------- Lease, Tenant and its agents to may not enter or occupy the Premises from and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon without Landlord's express written consent (any such early entry or occupancy to be subject to the terms of this Lease). Landlord shall permit Tenant to enter the Premises prior to the Commencement Date (without being required to pay Base Rent or Operating Costs) for the purpose of constructing the Leasehold Improvements (as defined in Rider 1) and installing telephones, equipment, furniture and similar items in preparation for Tenant’s workers and mechanics working in harmony and not interfering with 's occupancy of the labor employed by LandlordPremises. Furthermore, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all notwithstanding anything to the insurance requirements contrary contained in the this Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished Tenant shall have the right to Landlord occupy the Premises prior to entry upon the Commencement Date (but in no event prior to July 1, 1999) under the terms and conditions set forth hereinafter in this Section 2.3. No such occupancy shall be permitted unless Tenant has obtained a certificate of occupancy and other requisite governmental approvals with respect to the Premises. If any time such entry shall cause disharmony or interference Tenant elects to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of occupy the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made Premises prior to the Commencement Date, the same being solely Tenant shall send written notice thereof to Landlord at Tenant’s riskleast three (3) days prior to such occupancy. In addition, Tenant agrees (i) any such entry Occupancy by Tenant prior to the Commencement Date ("Early Occupancy") shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under all the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in of this LeaseLease (including, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use without limitation, the provisions of this Lease requiring Tenant to pay its Pro Rata Share of Electricity Costs and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease TermOperating Costs); provided, however, that said Commencement Date Base Rent during such period of Early Occupancy shall be as follows: (a) no Base Rent shall be payable for Floor 1 occupancy of the Premises during the month of July, 1999; (b) Base Rent for occupancy during the months of August, 1999, September, 1999, and October, 1999, shall automatically be deemed to have occurred if Tenant shall fail to vacate fifty percent (50%) of the monthly Base Rent payable during the first year of the Term; and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. A. For the period commencing on August 1, 2005, or such earlier date on which the first one third (i1/3) Landlord shall permit of the slab of the Building is delivered to Tenant as provided in Section 2.07B below (the “Early Occupancy Date”), and its agents to enter ending on the Premises from and after the date that is forty-five (45) days prior to the anticipated Lease Commencement Date (as set forth in the notice described in Section 3c above“Early Occupancy Period”), Tenant shall be entitled to occupy the Premises for the limited purposes and subject to the terms and conditions of this Section 2.07 (“Early Occupancy”). Provided that Tenant exercises its Early Occupancy rights granted under this Section 2.07 in compliance with Laws and Requirements, Tenant shall have the right, at Tenant’s sole cost and expense, to enter onto the same Property and Premises at any time that Landlord’s contractors are working in during the spaceEarly Occupancy Period, in order that to take measurements and prepare and install Tenant’s Alterations (as defined below) fixtures, equipment and personal property (including, without limitation, racking, Maintenance Work Platform equipment and conveyor equipment) in the Premises and other areas of the Property which Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not has the right to use and/or occupy hereunder. B. Landlord agrees to cause the Premises to be unreasonably withheldmade available to Tenant for Early Occupancy at the rate of approximately one-third (1/3) of the slab of the Building (with each such portion of the Building in writing by Landlord. The foregoing license to enter prior to “dried-in” condition with a roof over the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with portion of the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended slab delivered by Landlord upon notice and including necessary supporting walls for such portion of the roof) delivered each week commencing on or before August 1, 2005 (i.e., the second 1/3 of the slab of the Building shall be delivered to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony on or interference shall cease. Such entry before August 8, 2005 and the final 1/3 of the slab of the Building shall be deemed delivered to be under all Tenant on or before August 15, 2005). At the time of each such delivery, the floor slab of the terms, covenants, provisions, and conditions applicable portion of the Lease except as Premises shall be complete and such portion of the Premises shall be enclosed in a manner sufficient to enable the covenant Tenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any lawfully commence installation of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furnitureAlterations, fixtures, equipment or installations so made prior and personal property. Landlord further agrees that it shall cause an approximately fifty thousand (50,000) square foot paved staging surface consisting of a combination of concrete aprons and asphalt binder course (as further described in Exhibit “B”) that provides access to and from the Building to be installed and available at the location on the Property set forth on Exhibit “N” attached hereto, no later than August 1, 2005, which shall be sufficient to enable Tenant to deliver and install its Alterations, fixtures, equipment and personal property. Landlord agrees that in the event of a delay in the delivery of the Premises beyond the deadlines set forth above (including any delay in completion of the paving work described above), then, except to the Commencement Dateextent that such delay results from Tenant Delay, the same being solely at Tenant’s risk. In addition, Landlord shall pay liquidated damages to Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction for each day of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 delay as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.follows:

Early Occupancy. (i) Landlord shall permit allow Tenant and its agents to enter the Premises when the construction of the Building has proceeded to a point where, consistent with good construction practices, Tenant can commence preparation of the Premises for Tenant's occupancy, on or about December 9, 2000 (the "EARLY OCCUPANCY DATE") for purposes of Tenant's installation of Tenant's furniture, cabling, fixtures and equipment. Tenant's entry into the Premises from and after the date that is forty-five (45Early Occupancy Date shall be subject to Tenant's coordination of such entry with Landlord and Xxxxxxxx's general contractor(s) days prior to the anticipated Commencement Date (so as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be hinder or unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering interfere with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractorscompletion of the Premises and the Tenant Improvements therein. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry early occupancy shall be deemed subject to be under all of the terms, covenants, provisions, terms and conditions of the Lease except as this Lease, including, without limitation, those provisions requiring that Tenant shall be responsible for all costs, expenses and obligations relating to the covenant to pay Rent. Landlord Premises (including, without limitation, Sections 18, 21 and 23) except that Tenant shall not be liable in obligated to pay any way Rent during the period of such early occupancy. In addition, Xxxxxxxx agrees that neither Xxxxxx, nor any contractor or subcontractor of Tenant shall be charged for the use of elevators, hoists (if any), water, electricity, HVAC, security or any injury, loss other utilities or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made services prior to the Commencement Date. Landlord shall have the right to terminate Xxxxxx's Early Occupancy if in Landlord's reasonable discretion, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together Early Occupancy will interfere with its employees, agents and independent contractors will be subject to and will work under the direction construction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. In the event that, prior to April 1, 2000, the Tenant Improvements have been substantially completed (i) Landlord as determined in accordance with this Paragraph 8.4), then Tenant shall permit Tenant and its agents have the right to enter occupy the Premises and to commence business operations therein (such period commencing on Tenant's actual occupancy of the Premises and expiring on March 31, 2000 being herein referred to as the "EARLY OCCUPANCY PERIOD"), provided that (A) Tenant shall pay Base Monthly Rent during the Early Occupancy Period equal to twenty-five percent (25%) of the Base Monthly Rent first payable hereunder from and after April 1, 2000, (B) Tenant shall not be required to commence paying monthly installments on the date that is forty-five Tenant Improvement Loan until April 1, 2000, and (45C) days prior except as expressly provided to the anticipated Commencement Date (as set forth contrary in the notice described in Section 3c aboveforegoing clauses (A) and (B), at Tenant's occupancy of the same time that Landlord’s contractors are working Premises during the Early Occupancy Period shall be subject to all of the terms and conditions of this Lease, including, without limitation, the covenant to pay Additional Rent in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering accordance with the labor employed by Landlordterms of Paragraph 4.2 above. For purposes of this Paragraph 8.4, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry Premises shall be deemed to be under all "substantially completed" when the following conditions have been satisfied: (a) The Tenant Improvements have been approved by the appropriate governmental agency as being in accordance with its building code and the building permit issued for such improvements, as evidenced by the issuance of a certificate of occupancy or final building inspection approval, as applicable; and (b) Tenant's Architect and Contractor have both certified in writing that the Tenant Improvements have been substantially completed in accordance with the plans and specifications therefor, subject only to items of a "punch-list" nature which do not materially affect the use or functionality of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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 Premisesspace. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. (i) Landlord Notwithstanding the fact that pursuant to Section 2 of this Section the term of this Lease does not commence until November 1, 1996, all terms of this Lease shall permit be in full force and effect and Tenant and its agents shall have the right to enter into the portion of the Premises from and after not occupied by Tenant as of the date that is forty-five of this Lease (45the "Delivery Date") days in order to effect Tenant's program of improxxxxxxs to such space, subject to the following terms and conditions: (a) Tenant's entry prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions commencement of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents on all the terms and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution conditions of this Lease, other than the obligation to pay Monthly Rent; (b) Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy shall provide evidence of such space shall be upon the same terms and conditions as are set forth in insurance coverage required by Section 15 of this Lease; (c) Tenant shall indemnify, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. defend, and hold harmless Landlord and Landlord's agents, employees, and contractors against all claims, liability, and damages arising from Tenant’s use and occupancy 's entry prior to the commencement of Floor 1 shall not constitute or be deemed the Lease; (d) Tenant's entry prior to be txx xxxmencement of the Commencement Date with respect to Floor 1 and shall Lease does not constitute the commencement of the Lease Termand the Termination Date shall not change as result of such entry by Tenant; providedand (e) Commencing on the Delivery Date, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail pay its share of all charges and assessments for telephone, water, sewer, gas, heat, electricity, garbage disposal, trash disposal, fire sprinkler and alarm monitoring, landscaping maintenance, personal property taxes and all other utilities, taxes and maintenance charges and services of any kind that may be used on the Property based upon its actual usage or if, in Landlord's reasonable opinion, such actual usage cannot be reasonably ascertained then based upon a fraction equal to vacate and surrender its interim possession the number of Floor 1 rentable square feet contained in the Premises divided by the date that is thirty (30) days after total rentable square footage of the actual Commencement Date for Floor 2 and Floor 3Building.

Early Occupancy. (i) Subject to the terms hereof, Landlord shall will permit Tenant and its Tenant’s agents to enter the Second Expansion Premises from and after the date that is forty-up to five (455) business days prior to the anticipated Commencement Date (as set forth in date the notice described in Section 3c above), at the same time that Landlord’s contractors Second Expansion Premises are working in the space, in order Substantially Completed so that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers telecommunications cabling and mechanics equipment, and otherwise make the Second Expansion (a) Tenant working in harmony and not interfering with the labor employed by Landlord, Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers in doing the Leasehold Improvements, or contractors work in the Building or with any other tenants and occupants of the Building; (b) Tenant obtaining in advance Landlord’s approval (not to be unreasonably withheld, conditioned or their contractors. Such license is further conditioned upon delayed) of the contractors proposed to be used by Tenant; and (c) Tenant complying furnishing Landlord with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished as Landlord may reasonably require. Landlord will have the right to Landlord prior to entry upon the Premises. If any time withdraw such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all if Tenant violates any of the terms, covenants, provisions, and foregoing conditions or Tenant is otherwise in violation of the Lease except as to terms of the covenant to pay RentLease. Tenant agrees that Landlord shall will not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment property placed or installations so made in the Second Expansion Premises prior to the Commencement Second Expansion Effective Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole riskrisk and Tenant agrees to protect, (ii) Tenantdefend, together indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of or connected with the activities of Tenant or its employeesagents, agents contractors, suppliers or workmen in or about the Second Expansion Premises or the Building. Tenant further agrees that any entry and independent contractors occupation permitted under this paragraph will be governed by all terms of the Lease, other than payment of Rent thereunder. It is hereby agreed among the parties to that certain First Amendment to Lease dated , 20 , for Suite in the building located at 000 XX Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxx (the “Lease”) between (“Tenant”), and 000 XX Xxx, LLC (“Landlord”) that : 1. The Second Expansion Effective Date is . 2. The Expiration Date of the Extension Term is . Tenant hereby acknowledges that the Second Expansion Premises, subject only to and will work minor punch-list items, has been delivered in accordance with Landlord’s obligations for the delivery of the Second Expansion Premises under the direction of Landlord’s contractor, and (iii) 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 PremisesLease. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. (i) Landlord shall permit Tenant and its agents to enter the Premises from and after the date that is forty-five (45) days prior to the anticipated Commencement Date (as set forth in the notice described in Section 3c above), at the same time that Landlord’s 's contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s 's workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s 's mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s 's compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s 's personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s 's risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s 's sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s 's contractor, and (iii) 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. (ii) At Tenant’s 's option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s 's use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s 's use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.

Early Occupancy. (i) Landlord shall permit During the period commencing on the date the original of this fully executed Lease is delivered to Tenant and its agents ending on the Commencement Date (the "Early Occupancy Period"), Tenant shall be permitted to enter the Premises from for the purposes of installing certain trade fixtures and after the Tenant Improvements, provided that Tenant's occupancy of the Premises during the Early Occupancy Period shall be subject to all of the terms, covenants and conditions of this Lease, including, without limitation, Tenant's obligations under the Tenant Improvement Agreement, Section 9 (regarding Tenant's compliance with applicable laws and building rules obligation), and Section 10 (regarding Tenant's indemnity and insurance obligations), except Tenant's obligation to pay Base Rent shall not commence until the earlier of the Commencement Date or the date that is forty-five (45) days prior Tenant commences to do business in the Premises. Notwithstanding the foregoing, Tenant shall pay for all utility costs incurred by Landlord to the anticipated Commencement Date (extent they relate to Tenant's work in the Premises during the Early Occupancy Period. In addition, if Tenant occupies any part of the Premises during the Early Occupancy Period for purposes of doing business, then Tenant shall pay all Base Rent, Operating Cost Share Rent and Tax Share Rent at the rate for the first Lease Year as set forth in the notice described in Section 3c above), at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures and equipment or perform other work through its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or with any other tenants or their contractors. Such license is further conditioned upon Tenant complying with all the insurance requirements contained in the Lease, together with worker’s compensation insurance, and certificates of such insurance being furnished to Landlord prior to entry upon the Premises. If any time such entry shall cause disharmony or interference to other contractors or labor, to include strikes or other work stoppages, this license may be immediately suspended by Landlord upon notice to Tenant until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference shall cease. Such entry shall be deemed to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay Rent. Landlord shall not be liable in any way Schedule prorated for any injury, loss or damage which may occur to any of Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made prior to the Commencement Date, the same being solely at Tenant’s risk. In addition, Tenant agrees (i) any such entry by Tenant shall be at Tenant’s sole risk, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractor, and (iii) 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 Premisespartial month. (ii) At Tenant’s option upon written notice to Landlord, at any time after the execution of this Lease, Tenant may elect to occupy and use Floor 1 as interim space. Tenant’s use and occupancy of such space shall be upon the same terms and conditions as are set forth in this Lease, except that no Base Rent or Additional Rent shall be due or payable with respect thereto. Tenant’s use and occupancy of Floor 1 shall not constitute or be deemed to be the Commencement Date with respect to Floor 1 and shall not constitute the commencement of the Lease Term; provided, however, that said Commencement Date for Floor 1 shall automatically be deemed to have occurred if Tenant shall fail to vacate and surrender its interim possession of Floor 1 by the date that is thirty (30) days after the actual Commencement Date for Floor 2 and Floor 3.