Common use of Early Occupancy Clause in Contracts

Early Occupancy. If Tenant enters or permits its Agents to enter the Premises prior to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto.

Early Occupancy. If Tenant enters or permits its Agents to enter the Premises prior Subject to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession availability of the Premises, Tenant shall have the right be permitted access to enter the Premises up to fourteen thirty (14) 30 days prior to the anticipated Term Commencement Date for the sole purpose of installing coordinating the installation of its furniture, trade fixtures, equipmentequipment and technology systems in the Premises, the period between the date Tenant commences to enter into the Premises for such purposes and similar itemsthe Term Commencement Date being hereinafter referred to as the “Early Occupancy Period.” Such occupancy of the Premises shall be subject to all the provisions of this Lease, and except that Tenant shall not be required to pay Monthly Base Rent or Operating Expenses for the Early Occupancy Period; provided, however, that Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation provided Landlord proof of these items. Tenant’s insurance as set forth in Section 5.05; and provided further that Tenant shall pay or reimburse Landlord for all utilities and services to the Premises during the Early Occupancy Period. All furniture, materials, work, installations, equipment and decorations of any nature brought upon or installed in the Premises prior to the Term Commencement Date shall be liable at Tenant’s sole risk. Neither Landlord nor any party acting on Landlord’s behalf shall be responsible for any damages damage or delays caused by Tenant’s activities at loss or destruction of such items brought to or installed in the Premises, and Section 10.3 shall apply Premises prior to Tenant’s activitiesthe Term Commencement Date. Prior to entering the Premises Term Commencement Date, Landlord shall make available to Tenant shall obtain all insurance it is required reasonable access to obtain by any floor of the Lease Building that Tenant may reasonably require to core drill and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretopull cable.

Early Occupancy. If Tenant enters or permits its Agents shall be entitled to enter the Premises prior to the Commencement Date with the written permission of Landlord, it shall do so upon all early occupancy of the terms Demised Premises commencing upon the date of this Lease (including its obligations regarding indemnity and insurance)the Lease, and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for subject to any delays in this Lease during the making such Demised Premises available beyond Landlord’s control. During such period of such early occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has Tenant’s possession of the Premises, Tenant shall have the right to enter the Demised Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply subject to Tenant’s activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this the Lease, except that Tenant shall not be obligated to pay any Basic Rent, Taxes, Landlord’s Insurance, or Common Facilities Charges until the commencement date of the Lease Term; provided, however, Tenant covenants and agrees that it shall not operate any business in the Rules Demised Premises (other than construction and Regulations attached heretopreparation of the Demised Premises for Tenant’s occupancy) until after March 1, 2006. Tenant acknowledges that such early occupancy is being provided to Tenant only as courtesy and notwithstanding any delay in such early occupancy for any reason whatsoever, the commencement date of the Lease Term and Tenant’s obligation to pay rentals under the Lease shall not be delayed or affected and Landlord shall not be liable in any manner whatsoever to Tenant for such delay in giving Tenant early occupancy. Tenant acknowledges and accepts the risk of such occupancy during the construction of the Tenant Improvements and releases and holds harmless Landlord from and against all injury to person or property whatsoever, except to the extent caused by the negligence or willful misconduct of Landlord or its employees or agents.

Early Occupancy. If Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to Exhibit D hereof, Tenant enters shall be permitted to enter the Premises at any time on or permits after April 1, 2023, in order that it may install its Agents security systems, cabling and fixturizing the Premises, subject to Landlord’s prior written approval, and otherwise in accordance with the requirements of Section 7.3 of this Lease and/or to commence its normal business operations therein. The foregoing license to enter the Premises prior to the Commencement Date is however, conditioned upon (i) the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry and (ii) Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the written permission of work being performed by Landlord, it if any. If at any time that entry shall do so cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon 24 hours’ written notice to Tenant. Tenant’s occupancy of the Premises prior to the Commencement Date shall be subject to all of the terms and obligations of this Lease (Lease, including its obligations regarding the indemnity and insurance), andprovisions herein, except as provided below, that Tenant shall not be required to pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Basic Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activitiesShare of Operating Expenses during that period. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretoARTICLE 4.

Early Occupancy. Tenant may occupy the Property on August 1, 2009. Prior to any early occupancy of the Property, Tenant shall: (i) obtain Landlord’s prior written consent, which consent will not be unreasonably withheld, (ii) provide Landlord with evidence of Tenant’s compliance with all of its insurance requirements hereunder, (iii) pay to Landlord all monetary amounts required to be paid by Tenant upon execution of the Lease (as set forth in Sections 3.01 and 3.02 below). If Tenant enters or permits its Agents to enter occupies the Premises Property prior to the Commencement Date with Date, Tenant’s occupancy of the written permission of Landlord, it Property shall do so upon be subject to all of the terms provisions of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Lease. Early occupancy of the Property shall not advance the expiration date of this Lease. Tenant shall not pay Base Monthly Rent and all other charges provided for specified in this Lease during for the period of such occupancyearly occupancy period. Provided that Tenant does shall not interfere with or delay the completion by work of Landlord’s contractors, if any. Any materials of Tenant stored in the Property shall be at Tenant’s sole risk and Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days prior to the anticipated Commencement Date for the sole purpose of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall will have no obligation to begin paying Base Monthly Rent secure the Property prior to the Commencement Date. Tenant shall access the Property during any period of early occupancy at Tenant’s sole risk. Landlord shall not be liable for any destruction, theft, vandalism or any other charges based solely damage to any personal property placed, kept or stored by or on its installation behalf of these itemsTenant or permitted to be placed, kept or stored by Tenant during any period of early occupancy. Tenant shall be liable for any damages or delays caused by Tenant’s activities at granted occupancy after the Premises, and Section 10.3 shall apply to Tenant’s activities. Prior to entering current tenant and/or its lender have vacated the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretoProperty.

Early Occupancy. If Landlord shall notify Tenant enters or permits its Agents to enter of the Premises anticipated Commencement Date at least twenty (20) days but not more than forty (40) days prior to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancyDate. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right right, but not the obligation, to enter the Premises up to fourteen Premises, from and after the date which is fifteen (1415) days prior to the anticipated Commencement Date set forth in the Landlord's notice for the sole purpose of installing furniture, trade fixtures, equipment, fixtures and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely special improvements on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions contained in the Work Letter; provided however, Tenant shall not unreasonably interfere with Landlord's construction and installation of Tenant Improvements. If Tenant enters or occupies the Premises prior to the Commencement Date solely for the purpose of preparing the Premises for the conduct of business thereon and not for the purposes of conducting business thereon, Tenant's entry and/or occupancy of the Premises shall be subject to all of the provisions of this Lease and the Rules Work Letter with the exception of the payment of Base Annual Rent and Regulations attached heretoAdditional Rent, which obligations shall commence as of the Commencement Date. Tenant shall not be charged for electrical consumption during any period prior to the Commencement Date. If requested by Landlord, Tenant shall execute a hold harmless agreement in a form prepared by Landlord. Early occupancy of the Premises shall not advance the expiration date of this Lease.

Early Occupancy. If Tenant enters or permits its Agents agrees to enter coordinate with Landlord regarding the Premises prior installation of Tenant’s phone and data wiring and any other trade related fixtures. In addition, if and to the Commencement Date with the written permission of Landlordextent permitted by applicable laws, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity rules and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premisesordinances, Tenant shall have the right to enter the Leased Premises up to fourteen for thirty (1430) days prior to the anticipated Target Commencement Date for (as defined in the sole purpose of installing furniture, trade fixtures, equipmentLease, and similar itemsas may be modified from time to time, but only as herein provided) in order to install fixtures and systems furniture and otherwise prepare the Leased Premises for occupancy, which right shall expressly exclude making any structural modifications. During any entry prior to the Target Commencement Date (a) Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance comply with all terms and conditions of this Lease Lease, other than the obligation to pay rent, (b) Tenant shall not interfere with Landlord’s completion of the Tenant Improvements, (c) Tenant shall cause its personnel and contractors to comply with the Rules terms and Regulations attached heretoconditions of Landlord’s rules of conduct (which Landlord agrees to furnish to Tenant upon request), and (d) Tenant shall not begin operation of its business. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant.

Early Occupancy. If Landlord will allow Tenant enters or to take possession of the Property upon full execution of the Lease. The date Landlord permits its Agents Tenant to enter take possession of the Premises prior Property as provided above shall be the “Early Occupancy Date”. Landlord agrees to use commercially reasonable efforts to not interfere with Tenant’s possession of the Commencement Date Property as of the Early Occupancy Date. Tenant agrees to coordinate the foregoing work with the written permission work of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of Landlord such occupancy. Provided that Tenant Tenant’s work does not interfere with or delay the completion by Landlord’s work; provided, however, that except for Landlord’s negligence or willful misconduct, neither Landlord not any of Landlord’s affiliates shall have any responsibility or its agents liability whatsoever for any injury (including death) to persons or contractors loss or damage to any of the construction of any tenant Tenant’s leasehold improvements, and provided that Landlord has possession of fixtures, equipment or any other materials installed or left in the Premises, Tenant shall have the right to enter the Premises up to fourteen (14) days Property prior to the anticipated Commencement Date for Date. All of the sole purpose of installing furniture, trade fixtures, equipment, and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation of these items. Tenant shall be liable for any damages or delays caused by Tenant’s activities at the Premises, and Section 10.3 shall apply to Tenant’s activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate such entry with Landlord’s building manager, and such entry shall be made in compliance with all terms and conditions of this Lease will become effective upon the Early Occupancy Date except for the payment of Minimum Annual Rent and Additional Rent which will commence on the Rules and Regulations attached heretoCommencement Date. Tenant will be required to maintain adequate insurance during the early occupancy period. Payment of all utilities during this period will be the responsibility of Tenant.

Early Occupancy. If Tenant enters or permits its Agents to enter the Premises prior to the Commencement Date with the written permission of Landlord, it shall do so upon all of the terms of this Lease (including its obligations regarding indemnity and insurance), and, except as provided below, Tenant shall pay Base Monthly Rent and all other charges provided for in this Lease during the period of such occupancy. Provided that Tenant does not interfere with or delay the completion by Landlord or its agents or contractors of the construction of any tenant improvements, and provided that Landlord has possession of the Premises, Tenant shall have the right to enter upon the Premises for up to fourteen thirty (1430) days prior to the anticipated Premises A Commencement Date and the Premises B Commencement Date, respectively, for the sole purpose purposes of installing Tenant's furniture, trade fixturesfixtures and equipment and data, equipment, voice and similar items, and Tenant shall have no obligation to begin paying Base Monthly Rent or other charges based solely on its installation computer cabling ("TENANT'S WORK") in the applicable portion of these itemsthe Premises. Tenant Tenant's Work shall be liable for any damages or delays caused performed by Tenant at Tenant’s activities at the Premises, 's sole cost and Section 10.3 shall apply to Tenant’s activitiesexpense. Prior to entering If Tenant occupies the Premises Tenant shall obtain all insurance it is required prior to obtain by the Lease and shall provide certificates of said insurance to Landlord. Tenant shall coordinate either Commencement Date, such entry with Landlord’s building manager, and such entry early occupancy shall be made in compliance with subject to all of the terms and conditions of this Lease Lease, including, without limitation, the provisions of Sections 17, 20 and 22, except that provided Tenant does not commence the Rules operation of business from the Premises A or Premises B, as applicable, Tenant will not be obligated to pay Monthly Basic Rent or any additional rent during the period of such early occupancy. Tenant agrees to provide Landlord with prior notice of any such intended early occupancy and Regulations attached heretoto cooperate with Landlord during the period of any such early occupancy so as not to interfere with Landlord in the completion of any improvements to the Premises constructed pursuant to Exhibit "C".