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.

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 inspections for, or with Landlord's construction of, the 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 terms of this Lease, except for terms requiring the payment of rent, shall apply to perform Tenant's early entry onto the Expansion Space and the installation of such 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 work contractors during the early entry on construction of the PremisesExpansion Improvements described in EXHIBIT "B", and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses.

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 or any other party, and its agents to enter Tenant’ obligations shall not be reduced hereunder in the event such construction work is not substantially completed by the Estimated Tenant Access Date. The “Commencement Date” shall be the date on which Landlord delivers physical possession of the Premises from to Tenant with the Landlord’s Work substantially complete. Landlord’s Work will be substantially complete when (a) all of Landlord’s Work is complete, except for punchlist items which do not interfere with the use of the Premises for the permitted use, and after (b) 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 deliver the Premises to Tenant by the date that is fortytwenty-five two (4522) weeks plus sixty (60) days prior to days after the anticipated Commencement Date issuance of a building permit (the “Abatement Date”), as such date may be extended for any Tenant Delay (as set forth in the notice described defined in Section 3c above4.1 below), 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 then for each day thereafter until such time as Landlord receives reasonably satisfactory assurances that such disharmony or interference the Premises are delivered to Tenant with Landlord’s Work substantially complete, Tenant shall cease. Such entry shall be deemed receive a rent credit equal to be under all of the terms, covenants, provisions, and conditions of the Lease except as to the covenant to pay one day’s Fixed Rent. Landlord shall not be liable in any way If Landlord, for any injuryreason, loss or damage which 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 issuance of a building permit, as such date may occur be extended due to any of Tenant’s personal propertyTenant Delay (defined below) or any delay caused by force majeure, includingthen Tenant may, at any time thereafter 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 date on which Landlord’s contractorWork is substantially complete, and (iii) Tenant and its agents and contractors agree cancel this Lease by giving written notice of such cancellation to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the PremisesLandlord.

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 the sole risk of Tenant, and Tenant hereby releases Landlord, its agents, contractors, and employees, from any and all liability, cost, damage, lien, action, cause of action, judgment, expense, and claim for injury (including bodily injury, death, or property damage) (collectively, “Claims”) incurred or suffered by Tenant in or about the Premises during the construction of any improvements in the Premises by Landlord or its contractors or subcontractors prior to the 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 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 the Commencement Date as provided above, then such entry shall be upon all the terms and conditions of this Lease (including, without limitation, Tenant’s sole riskobligations regarding indemnity and insurance), (ii) Tenant, together with its employees, agents and independent contractors will except that Tenant shall not be subject obligated to and will work under pay Rent prior to 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 PremisesCommencement Date.

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) cost and expense. Tenant, together with its employees, agents ’s Early Occupancy Work shall be limited to areas internal to the Building unless agreed to by Landlord. Tenant acknowledges and independent contractors will be subject agrees that Tenant may not occupy the Premises or conduct business from the Premises prior 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 PremisesCommencement Date.

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 contractorbehalf shall be responsible for any damage or loss or destruction of such items brought to or installed in the Premises prior to the Improvement Completion Date unless such damage, 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 Premisesloss or destruction results from Landlord’s gross negligence or intentional misconduct.

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, Tenant and its contractors shall have access to the same being solely at Demised Premises (the “Early Occupancy”) for the sole purpose of installing its trade and operating fixtures, data, telephone cabling and wiring, security system, and other fixtures, furniture and equipment (the “FF&E”) and any and all other normal tenant improvements necessary for the proper operation of Tenant’s riskbusiness (“Tenant’s Work”). In additionSuch Early Occupancy shall not constitute the commencement of the Term. During Early Occupancy, Tenant agrees shall be bound by the following obligations: (i) prior to any such entry by during Early Occupancy, Tenant shall be at Tenant’s sole riskprovide 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, 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 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 agents, employees, invitees and contractors agree contractors. Any breach by Tenant of its obligations under this Section 1.04, and failure to comply with all applicable lawscure said breach within five (5) days following receipt of such breach from Landlord, regulationsTenant shall pay to Landlord an amount equal to $20,000.00 per day, permits as and other approvals required to perform its work during for Landlord’s liquidated damages, until Tenant cures the early entry on the Premisesbreach.

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.

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.

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 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 Term 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 's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage or loss or destruction of such items brought to or installed in the Premises prior to the Term Commencement Date unless such damage, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of loss or destruction results from 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's gross negligence or intentional misconduct.

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.

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 to permit Tenant to establish such security measures, at no cost to Landlord, as Tenant may reasonably request regarding access and other controls reasonably necessary to provide security for Tenant’s equipment and property and its agents proprietary and contractors agree to comply with all applicable laws, regulations, permits confidential business data and other approvals required to perform its work during the early entry on the Premisesinformation.

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.

Early Occupancy. (i) Starting as soon as feasible on or after June 1, 2008, Landlord will make reasonable efforts to make selected portions of the Premises available for Tenant to move in its furniture, fixtures, and equipment. The time from the first such occupancy to the Commencement Date shall be referred to as the “Early Occupancy Period.” Landlord will provide such portions of the Premises when they can reasonably be provided within Landlord’s construction schedule, and without disturbing Landlord’s construction progress. Tenant understands and agrees that the space to be made available will largely or entirely be space identified on the plans as “manufacturing” or “warehouse”, and that the portions of the Premises which Landlord is finishing as office and meeting space will likely be the last completed and the least available prior to July 1, 2008. Although Landlord will make reasonable efforts to make space available, both parties understand that Landlord is on a tight construction schedule to meet all of Tenant’s needs, and that such may not allow for as much availability of space or as early availability, as needed by Tenant, and it is understood and agreed that Landlord shall permit not under any circumstances have any liability to Tenant and its agents for holdover rent paid by tenant or any other form of damages suffered by Tenant in regard to enter the Premises from and after the date that is forty-five (45) days prior any failure 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 provide space prior to the Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with Date. Occupancy during 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 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 provided, however, that the covenant to pay Rent. Landlord Rent shall not be liable charged nor payable during the Early Occupancy Period, so long as Tenant does not commence operations in the Premises (i.e., begin stationing employees in the Premises for their regular work, as opposed to a move-in function). Once operations are commenced, however, Tenant will commence to make all payments required hereunder, and in such event, the “Commencement Date” shall be moved up from July 1, 2008 to the date on which Tenant commences operations. The Expiration Date of the Lease shall remain the same, however, notwithstanding this earlier Commencement Date. Prior to entering for Early Occupancy, Tenant will provide Landlord with documentation of insurance required under the Lease. All indemnity obligations of the parties will apply to the Early Occupancy Period. Tenant agrees to and will cooperate with construction personnel completing the interior improvements in the Premises and not to cause any way for delay in the completion of these improvements. Any delay in construction caused by Tenant’s early occupancy of the Premises will not delay the Commencement Date. Tenant waives any injuryclaims, loss and will indemnify, defend, and hold harmless Landlord against any claims of injury or death to person or damage which may occur to any of property resulting from Tenant’s personal property, including, but not limited to, decorations, phone systems, cabling, furniture, fixtures, equipment or installations so made entry into the Premises 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 completion 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.construction work. ARTICLE 3 RENT 3.1

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 lawsof the terms and provisions of the Lease as amended, regulations, permits and other approvals required to perform its work during the early entry on the Premises.except that no Annual Rent or Occupancy Costs will be

Early Occupancy. (i) So long as Landlord shall permit has received from Tenant certificates satisfactory to Landlord evidencing the insurance only as expressly required to be carried by Tenant under this Lease, Landlord will give Tenant and its agents Tenant’s designated contractors access to enter the Fifth Floor Premises from and at any time after the date that is forty-five of execution of this Lease and the Sixth Floor Premises at any time after Landlord obtains possession thereof from the current tenant (45collectively, the “Early Access Period”) days prior for purposes of installing Tenant’s furniture, fixtures, and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at Tenant’s sole cost and expense, subject to payment of the anticipated Commencement Date (Allowance as set forth in Section 1.15 and 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 LandlordWork Letter. The foregoing license to enter prior to the Commencement Date is conditioned upon Tenant’s workers use and mechanics working in harmony and not interfering with occupancy of any 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 Premises 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 Access Period shall be deemed subject to be under all of the terms, covenants, provisions, terms and conditions of the Prior Lease and this Lease, except as to the covenant to pay Rent. Landlord that Tenant shall not be liable in obligated to pay Rent (which shall include any way for costs of 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 kind) during the Early Access Period (other than pursuant to the terms of the Prior Lease for the Current Premises) until either the Commencement Date or the Sixth Floor Premises Commencement Date, as applicable. The parties acknowledge and agree that Landlord may be performing the same being solely at Landlord’s Work and, as may be applicable, work pursuant to the Landlord-Managed Work Letter, in the Premises during such Early Access Period, and in connection therewith, Landlord and Tenant agree to mutually cooperate with each other and each other’s respective contractors during the Early Access Period. Such renovations to the Premises performed by Landlord pursuant to the Landlord-Managed Work Letter may have an impact on the Tenant’s riskPermitted Use of the Premises. In additionTenant confirms its understanding that completion of such renovations may result in noise, Tenant agrees (i) vibration, dirt, dust and other circumstances necessarily arising from such construction. Notwithstanding the foregoing, Landlord will use commercially reasonable efforts to minimize disruption to Tenant’s business operations in the Premises during any such entry by construction. Subject to the foregoing, as well as any other provisions of this Lease to the contrary, Landlord shall have no liability (and Tenant shall not be entitled to claim damages or any actual or constructive eviction, or right of offset or reduction in its Rent or other monetary obligations) as a consequence of any disruption or interference with Tenant’s Permitted Use of the Premises or conduct of its business throughout the completion of such construction. Notwithstanding the foregoing, however, if, in any instance where Tenant is performing work pursuant to a Tenant-Managed Work Letter, Landlord’s Work unreasonably interferes with the performance of the Tenant’s Work and causes a delay in completion of the Tenant’s Work, then Tenant shall be at entitled to Additional Rent Abatement with respect to the affected portion of the Premises for each day of delay, as more fully set forth in Section 4.2 above. Notwithstanding the foregoing, however, if, in any instance where Landlord is performing work pursuant to a Landlord-Managed Work Letter, Tenant’s sole risk, (ii) Tenant, together Work unreasonably interferes with its employees, agents and independent contractors will be subject to and will work under the direction performance of the Landlord’s contractorWork and causes a delay in completion of the Landlord’s Work, and (iii) then such delay shall constitute a 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 PremisesDelay hereunder.

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 's sole risk. Neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage or loss or destruction of such items brought to or installed in the Premises prior to the Improvement Completion Date unless such damage, (ii) Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of loss or destruction results from 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's gross negligence or intentional misconduct.

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 the sole risk of Tenant, and Tenant hereby releases Landlord, its agents, contractors, and employees, from any and all liability, cost, damage, lien, action, cause of action, judgment, expense, and claim for injury (including bodily injury, death, or property damage) (collectively, “Claims”) incurred or suffered by Tenant in or about the Premises during the construction of any improvements in the Premises by Landlord or its contractors or subcontractors prior to the 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 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 the Commencement Date as provided above, then such entry shall be upon all the terms and conditions of this Lease (including, without limitation, Tenant’s sole riskobligations regarding indemnity and insurance), (ii) Tenant, together with its employees, agents and independent contractors will except that Tenant shall not be subject obligated to and will work under pay Rent or Common Area Charges prior to 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 PremisesCommencement Date.

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 Premisestermination of this Lease.

Early Occupancy. Subject to Legal Requirements and to the provisions of the Work Letter regarding construction of the Tenant Improvements, upon (i) execution of this Lease by Landlord shall permit and Tenant, (ii) payment by Tenant to Landlord of all amounts due in connection with Tenant’s execution of this Lease, and its agents (iii) delivery by Tenant to Landlord of all certificates of insurance required pursuant to Paragraph 9 of this Lease (the date upon which all of the following have the commencement of “Early Occupancy”), Tenant may enter the Premises from for the purpose of constructing the Tenant Improvements 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)installing Tenant’s fixtures, at the same time that Landlord’s contractors are working in the space, in order that Tenant may install phone systems, cabling, furniture, fixtures furniture 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 within 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 right to Early Occupancy shall terminate on the day immediately prior to the Commencement Date, the same being solely at . During Tenant’s risk. In additionEarly Occupancy, (a) Landlord and Tenant agrees shall have mutual access to the Premises, (ib) Tenant shall not interfere with Landlord’s construction of the Initial Improvements (as defined in Addendum 3 – Landlord Work Letter) or cause any such entry by labor dispute as a result of Tenant’s occupancy of the Premises, (a) Tenant shall not be required to pay Base Rent or Operating Expenses, (b) Tenant shall be at required to pay for removal of Tenant’s sole risktrash from the Premises and the utilities used by Tenant at the Premises, (iic) except for the obligation to pay Base Rent and Operating Expenses, the terms of this Lease shall apply to Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord’s contractorEarly Occupancy, and (iiid) Tenant shall indemnify and its agents and contractors agree defend Landlord with respect to comply with all applicable laws, regulations, permits and other approvals required any loss or damage to perform its work during the early entry on the Premises, or any of them, and all liability, loss, or damage arising from any injury to the Building or Exterior Premises or the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such installations, unless any such loss, damage, liability, death, or personal injury was caused by Landlord's negligence or willful misconduct, or that of its agents, employees or contractors. Any such occupancy or performance in the Premises shall be in accordance with the provisions of the Work Letter.

Early Occupancy. (i) Subject to the terms hereof, Landlord shall will permit Tenant and its Tenant’s agents to enter the Third Expansion Premises from and after the date that is forty-five up to ten (4510) 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 Third 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 Third Expansion Premises ready for Tenant’s use and occupancy (but not for the conduct of Tenant’s business). Such permission will constitute a license only and not a lease and such license will be conditioned upon: (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 Third Expansion Premises prior to the Commencement Third 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 Third 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. Exhibit C Commencement Certificate It is hereby agreed among the parties to that certain Fifth Amendment to Lease, dated , 2014, for Suite 500, in the building located at 000 XX Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxx (the “Lease”) between New Relic, Inc., a Delaware corporation (“Tenant”), and 000 XX Xxx, LLC (“Landlord”) that the Third Expansion Effective Date is . Tenant hereby acknowledges that the Third 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 Third 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.

Early Occupancy. Notwithstanding anything to the contrary in this Lease, Tenant and Tenant's Parties (as defined below) shall have the right at any time after the Effective Date to enter the Premises, at their sole risk, to install the Tenant Improvements and Tenant's Trade Fixtures (as defined in Section 9.1), communications equipment and other equipment therein; provided, however, that (i) Landlord Tenant's early entry shall permit Tenant and its agents to enter not unreasonably interfere with any of Landlord's activities on the Premises from and after the date that is forty-during such period; (ii) Tenant shall give Landlord written notice of such entry at least five (455) days prior to in advance; (iii) such entry on the anticipated Commencement Date (as set forth in Premises shall be on the notice described in Section 3c above)terms of this Lease, at the same time that Landlord’s contractors are working in the space, in order except 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 required to pay any way for monthly Base Rent hereunder during any injuryperiod of early entry, loss or damage which may occur to any (iv) during such period of Tenant’s personal propertyearly occupancy, includingthe cost of all utilities services, including but not limited toto storm and sanitary sewer service, decorationsgas, phone systemselectric, cablingdomestic 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, furnitureafter the Base Building is complete, fixturesshall be paid exclusively by Tenant, equipment or installations so made prior 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 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 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 terms of Landlord’s contractor, this Lease and (iiivi) 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 such early entry on the Premiseswill only be allowed if Master Lessor and Ground Lessor have already consented to this Lease in writing.

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 Premisesfull execution of a Termination Agreement as provided in Section 3(a).

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) any after-hours' HVAC costs based on after-hours' HVAC service furnished to the Premises at any time following the Early Occupancy Date and prior to the Commencement Date at Tenant, together with its employees, agents 's request therefor (which terms and independent contractors will provisions governing after hours' HVAC prior to the Commencement Date shall be subject the same after hours' HVAC terms and provisions (including charges) as would apply during the Term pursuant to and will work under the direction of Landlord’s contractorSection 8.D. above, and which after hours' HVAC charges shall be payable by Tenant to Landlord within thirty (iii30) 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 its agents and contractors agree Landlord's obligation to comply with furnish all applicable laws, regulations, permits and other approvals base Building services required to perform its work during be furnished by Landlord hereunder) with respect to the early entry on Premises shall, in any event, apply for the Premises.period from and after the 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 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) Subject to the reasonable approval of Landlord's contractor, Tenant will have a license to access the Building during the 60-day period preceding the day on which Landlord shall permit reasonably estimates that the Leasehold Improvements will be substantially completed for the purpose of permitting Tenant to complete installation of data, telephone and its agents to enter other communications and furniture installations necessary for the conducting of Tenant's business from the Premises from ("Tenant's Installations"). The making of Tenant's Installations and after all work performed in connection therewith will be subject to the date that is forty-five terms and conditions of Paragraph 14 and subparagraphs (45a) days through (e) of Paragraph 13. With Landlord's express written consent, Tenant may occupy the Premises for regular conduct of Tenant's business prior to the anticipated Scheduled Commencement Date (as set forth in Date. If Tenant takes possession of any part of 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 Premises for its own contractors approved in advance (not to be unreasonably withheld) in writing by Landlord. The foregoing license to enter regular business purposes prior to the Scheduled Commencement Date is conditioned upon Tenant’s workers and mechanics working in harmony and not interfering with the labor employed by Landlord's prior written consent, 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 then: (a) all of the terms, covenants, provisions, covenants and conditions of the Lease except as will bind both parties with respect to such portion of the Premises; (b) Tenant will pay Landlord Rent for the period of such occupancy according 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 Lease at the rates applicable to the Commencement Datefirst Lease Year, prorated for 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 time and independent contractors will be subject to and will work under portion of the direction of Landlord’s contractor, Premises so occupied; and (iiic) Tenant and will not encase in or permit any activities that interfere with any construction work being conducted within or about the Building, by Landlord, its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during employees or contractors. No early occupancy under this Paragraph 3 will change the early entry on Commencement Date or the PremisesTermination Date.