Common use of Early Possession Clause in Contracts

Early Possession. Tenant shall have the nonexclusive right to enter and use the Premises for the purpose of constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter occupy and use the Premises Building from and after the date of Landlord's delivery of the Structural Completion Certificate described in clause (i) of Section 2.1, even though Landlord may be continuing to construct the balance of Landlord's Work as contemplated in the Workletter, for the purpose of constructing improvements Tenant's Work as contemplated in the Premises (subject to all Workletter and for the terms and conditions purpose of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-low voltage data wiring and personal property and performing other similar work related to the construction of Tenant's Work and/or preparatory to the commencement of Tenant’s 's business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)Building. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Building and the Property at all appropriate times prior to Landlord's delivery of the Structural Completion Certificate, subject to the approval of Landlord and/or and its contractors general contractor (which approval shall not be unreasonably withheld or consultants are also delayed) and to all other provisions of this Section 2.2, for the purpose of performing work in preparatory to the Premises prior construction of Tenant's Work or necessary for the orderly sequencing of such Work and/or for the actual construction of Tenant's Work pursuant to the Workletter, and Tenant shall not be required to pay minimum rental or Operating Expenses by reason of such early access until the Rent Commencement DateDate otherwise occurs; without limiting the generality of the preceding portion of this sentence, Tenant shall be entitled to have early access to the Property and the Building as soon as the roof metal decking is in place to begin hanging electrical, mechanical and plumbing services from the overhead structure, subject to all of the provisions of this Section 2.2. Tenant shall not unreasonably interfere with or delay Landlord’s 's contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s 's work following Landlord's delivery of the Early Access DateStructural Completion Certificate, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys' fees, arising out of the Workletter or in connection with Tenant’s 's early entry upon the Premises Property hereunder.

Early Possession. Tenant Provided Master Lessor has consented to this Sublease as required under Paragraph 26 hereof, Sublessee shall have be permitted early access to the nonexclusive right to enter Subleased Premises commencing on July 1, 2010 (“Delivery Date”) for the purposes of performing improvements permitted by this Sublease and use otherwise preparing the Subleased Premises for the purpose of constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)occupancy. Such occupancy and possession (i) shall be subject to and upon all of the terms and conditions provisions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant)Sublease, except that (i) Tenant shall have no for the obligation to pay minimum rental Expenses and Taxes (as such terms are defined in the Master Lease), Sublessor and Master Expenses (as defined in Paragraph 4.B. below) and Base Rent (as defined in Paragraph 4.A. below) (provided that, without limiting the foregoing, Sublessee shall be required to pay for all utilities, after-hours charges and special services consumed or Operating Expenses for any period prior to the Rent Commencement Date, requested by Sublessee during such period); (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlordcompletion of Sublessor’s contractors Work; and (iii) shall not advance the Expiration Date of this Sublease. If, in Sublessor’s reasonable judgment, Sublessor determines that such access shall interfere with, hamper, delay or consultants by any prevent Sublessor from proceeding with the completion of Sublessor’s Work, Sublessor may deny Sublessee early access hereunder for the period reasonably necessary to permit Sublessor to proceed with the completion of the Sublessor’s Work. Sublessee shall give Sublessor reasonable prior notice of its need for early access and shall comply with Sublessor’s reasonable security measures during such early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter occupy and use take possession of the Premises respective Buildings from and after the date of Landlord’s delivery of the Structural Completion Certificate described in the applicable portion of Section 2.1 for the applicable Building, even though Landlord will be continuing to construct the balance of Landlord’s Work as contemplated in the Workletter, for the purpose of constructing improvements Tenant’s Work as contemplated in the Premises (subject to all Workletter and for the terms and conditions purpose of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-low voltage data wiring and personal property and performing other similar work related to the construction of Tenant’s Work and/or preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)applicable Building. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental Minimum Rental or Operating Expenses for any period prior to the applicable Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the respective Rent Commencement Date Dates or the Termination Date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Landlord and/or its contractors or consultants are also performing work in respective Buildings and the Premises Property at all appropriate times prior to Landlord’s delivery of the Structural Completion Certificate for the applicable Building, subject to the approval of Landlord and its general contractor (which approval shall not be unreasonably withheld or delayed) and to all other provisions of this Section 2.2 and of the Workletter (including, but not limited to, conditions relating to the maintenance of required insurance), solely for the purpose of installing fixtures and equipment and other similar work preparatory to the construction of Tenant’s Work and the commencement of Tenant’s business on the Property, and Tenant shall not be required to pay Minimum Rental or Operating Expenses by reason of such early access until the applicable Rent Commencement DateDate otherwise occurs; without limiting the generality of the preceding portion of this sentence, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any be entitled to have early accessaccess to the Property and the respective Buildings as soon as the roof metal decking of the applicable Building is in place, occupancy or possession under to begin hanging electrical, mechanical and plumbing services from the overhead structure, subject to all of the provisions of this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter occupy and use take possession of the Premises Phase II Site from and after the date of Landlord’s delivery of the Structural Completion Certificate described in clause (i) of Section 2.1, even though such date is prior to the Commencement Date determined under Section 2.1 and even though Landlord will be continuing to construct the balance of Landlord’s Work as contemplated in Exhibit C, for the purpose of constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business Work as contemplated in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Exhibit C. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter attached hereto as Exhibit C (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date termination date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Landlord and/or its contractors or consultants are also performing work in the Premises Phase II Site at all appropriate times prior to Landlord’s delivery of the Rent Commencement DateStructural Completion Certificate, subject to the approval of Landlord and its contractor (which approval shall not be unreasonably withheld or delayed), solely for the purpose of installing fixtures and equipment and other similar work preparatory to the construction of Tenant’s Work and the commencement of Tenant’s business on the Property, and Tenant shall not unreasonably be required to pay minimum rental or Operating Expenses by reason of such early access until the Commencement Date otherwise occurs. Tenant shall not interfere with or delay Landlord’s contractors or consultants by any such early access, occupancy or possession under this Section 2.22.2 prior to Landlord’s delivery of the Structural Completion Certificate, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following Landlord’s delivery of the Early Access DateStructural Completion Certificate, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys’ fees, arising out of the Workletter or in connection with Tenant’s early entry upon the Premises Phase II Site hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter enter, occupy and use the Premises from and after the date Landlord notifies Tenant in writing that the Premises are available for such early access by Tenant (the “Early Access Date”), for the purpose of constructing tenant improvements in the Premises (subject to all the terms and conditions of Article 7 below Articles 5 and of the Workletter as defined 9 below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on . Landlord agrees to cause the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)Date to occur in all events no later than December 15, 2006. Such Tenant’s early occupancy and possession of the Premises under this Section 2.2 shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance, payment of utilities and payment of Operating Expenses), except that (ia) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession for the limited purposes described in this Section 2.2 shall not advance or otherwise affect the determination of the Rent Commencement Date or Termination Date as determined under Section 2.1; and (b) to the extent Tenant’s early access and work in the Premises pursuant to this Section 2.2 is limited to less than the entire Premises, Tenant’s obligation for payment of Operating Expenses for the period prior to the Rent Commencement Date shall be reduced in proportion to the percentage of the square footage of the Premises that constitutes space not affected by Tenant’s early access and work in the Premises pursuant to this Section 2.2. To the extent Landlord and/or its contractors or consultants are also performing any work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Datemutual execution of this Lease, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys’ fees, arising out of the Workletter or in connection with Tenant’s early entry upon the Premises and Center hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter and use the Premises for the purpose of constructing tenant improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on upon the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, Landlord notifies Tenant in writing that the Premises are available for purposes of such early access, as access by Tenant (the “Early Construction Access Date”), which Construction Access Date shall in all events be no later than five (5) business days after the Lease Commencement Date. Such right of Tenant to enter early to construct tenant improvements shall be subject to Landlord’s right concurrently to perform or complete the performance of Landlord’s Work (including, but not limited to, any applicable provisions of this Lease or of the Workletter relating to relative priorities of Landlord’s Work and of Tenant’s concurrent activities in the Premises). Tenant’s early occupancy and possession pursuant to this Section 2.2 shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to the payment of utilities and maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises Operating Expenses for any period prior to the Rent Commencement DateFebruary 1, 2007 (as provided in Section 5.3 below), and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c4(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder. (a) During all periods when both parties and/or their respective contractors or consultants are concurrently performing work on the Property or in the Premises prior to the Rent Commencement Date, subject to the express provisions of this paragraph (a) and its subparagraphs, neither party shall unreasonably interfere with or delay the work of the other party and/or its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective contractors and consultants to work in harmony with and to mutually coordinate and cooperate with the other’s contractors and consultants, respectively, to minimize any interference or delay by either party with respect to the other party’s work. The coordination and cooperation obligations set forth in this paragraph shall be subject to the following: (i) As Tenant proceeds with the design and planning of Tenant’s Initial Work and as Landlord proceeds with its planning for Landlord’s Work pursuant to Section 2.3(a) below, the parties agree to cooperate diligently, reasonably and in good faith to develop a mutually agreeable construction schedule for Landlord’s Work and for Tenant’s Initial Work (any such construction schedule mutually approved by the parties, and as modified from time to time [if applicable] by mutual agreement of the parties, being referred to in this Lease as the “Approved Construction Schedule”). To the extent Landlord completes and delivers the principal elements of Landlord’s Work within the time deadlines established in the Approved Construction Schedule (if any), it shall be conclusively presumed that the timing of Landlord’s completion and delivery of such elements did not give rise to any Landlord Delay. If the parties fail or are unable to agree upon an Approved Construction Schedule, such failure or inability shall not affect or impair in any manner the validity of this Lease and the Workletter, or of the respective obligations of the parties hereunder and thereunder. (ii) During the period prior to January 20, 2007 (the “Landlord Priority Period”), in the event of any irreconcilable conflict or interference between the work of Landlord’s workers, mechanics and contractors and the work of Tenant’s workers, mechanics and contractors which affects the work of one or both parties either (A) within the area designated “5’ Wide Landlord Priority Area” or “5’ Wide Landlord Priority” on the Service Annex drawings attached hereto as Exhibit D and incorporated herein by this reference (the “Service Annex Plan”) or (B) on or about the roof of the Building or (C) on the exterior of the Building or in the Common Areas (collectively, the “Landlord Priority Area”), Landlord and Tenant shall resolve such conflict or interference by a reasonable resequencing or rescheduling of Tenant’s remaining work to avoid the conflict or interference with Landlord’s Work. After the Landlord Priority Period, or in the event of any irreconcilable conflict or interference affecting the work of one or both parties outside the Landlord Priority Area, Landlord and Tenant shall resolve such conflict or interference by a reasonable resequencing or rescheduling of Landlord’s remaining work to avoid the conflict or interference with Tenant’s Initial Work.

Early Possession. Tenant shall have the nonexclusive right to enter occupy and use take possession of the Premises respective Buildings from and after the date of Landlord's delivery of the Structural Completion Certificate described in the applicable portion of Section 2.1 for the applicable Building, even though Landlord will be continuing to construct the balance of Landlord's Work as contemplated in the Workletter, for the purpose of constructing improvements Tenant's Work as contemplated in the Premises (subject to all Workletter and for the terms and conditions purpose of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-low voltage data wiring and personal property and performing other similar work related to the construction of Tenant's Work and/or preparatory to the commencement of Tenant’s 's business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)applicable Building. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental Minimum Rental or Operating Expenses for any period prior to the applicable Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the respective Rent Commencement Date Dates or the Termination Date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Landlord and/or its contractors or consultants are also performing work in respective Buildings and the Premises Property at all appropriate times prior to Landlord's delivery of the Structural Completion Certificate for the applicable Building, subject to the approval of Landlord and its general contractor (which approval shall not be unreasonably withheld or delayed) and to all other provisions of this Section 2.2 and of the Workletter (including, but not limited to, conditions relating to the maintenance of required insurance), solely for the purpose of installing fixtures and equipment and other similar work preparatory to the construction of Tenant's Work and the commencement of Tenant's business on the Property, and Tenant shall not be required to pay Minimum Rental or Operating Expenses by reason of such early access until the applicable Rent Commencement DateDate otherwise occurs; without limiting the generality of the preceding portion of this sentence, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any be entitled to have early accessaccess to the Property and the respective Buildings as soon as the roof metal decking of the applicable Building is in place, occupancy or possession under to begin hanging electrical, mechanical and plumbing services from the overhead structure, subject to all of the provisions of this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant Subject to Article 4.c. below, Lessee shall have the nonexclusive right be ---------------- permitted access to enter and use the Premises prior to the Commencement Date and following the full execution and delivery of this Lease for the purpose purposes of constructing construction of certain improvements in to be permanently affixed to the Premises (the "Lessee Improvements") and installation of Lessee's furnishings, trade fixtures and equipment. Subject in all events to compliance with the requirements of the City of Cupertino and other applicable governmental requirements, Lessor hereby approves the general schematics for the Lessee Improvements prepared by Reel Xxxxxxx, dated as of June 9, 1998, a copy of which has been provided by Lessee to Lessor prior to the execution of this Lease, and agrees to reasonably approve the final plans and specifications for the Lessee Improvements when submitted to the extent consistent with, and logical extensions of, such general schematics, and otherwise consistent with Building systems. Lessee's construction of the Lessee Improvements shall be governed by the provisions of this Lease respecting Lessee's making of Alterations to the Premises including, without limitation, the requirement set forth in this Lease that Lessor's prior written consent be obtained for any such Alterations; except, however, that as to the removal of the Lessee Improvements, the parties agree as follows: Lessor shall specify in writing at the time of approval of Lessee's plans and specifications for the Lessee Improvements, which items of the Lessee Improvements shall be required to be removed by Lessee by the expiration of the Term, provided that Lessee shall not be required to remove any compartment walls or electrical/mechanical distribution system. Lessee's occupancy of the Premises prior to the Commencement Date shall be subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions provisions of this Lease (including, but not limited to, conditions relating to maintenance other than Lessee's obligation for payment of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Base Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost and Lessee's Percentage Share of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such Building Expenses. Said early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Expiration Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. In addition to Tenant's rights and obligations ---------------- pursuant to Paragraph 2.2(b) hereof, Tenant shall have the nonexclusive right to enter occupy and use take possession of the Premises Property from and after Substantial Completion of Building Shell and Core, subject to the approval of Landlord and its contractor (which approval shall not be unreasonably withheld or delayed and shall be deemed to be given unless Landlord shall deliver written notice of disapproval within ten (10) business days of receipt of Tenant's notice or request) solely for the purpose of constructing improvements in the Premises (subject to all the terms staging for installation and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property moving furniture into the Property and performing other similar work preparatory to the commencement of Tenant’s 's business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred Property, and Tenant shall not be required to herein, for purposes pay Rent or Operating Expenses by reason of such early access, as access until the “Early Access Date”)Commencement Date otherwise occurs. Such occupancy and possession Landlord shall be subject to and upon all give Tenant written notice of the terms date upon which Landlord anticipates Substantial Completion of Building Shell and conditions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement DateCore, and shall continue to keep Tenant advised of progress towards such Substantial Completion; Landlord shall use its best efforts to provide such notice at least thirty (iii30) days in advance of such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1Substantial Completion. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s 's contractors or consultants by any such early access, occupancy or possession under this Section 2.2, and shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party Tenant with respect to the other party’s work following the Early Access DateLandlord's work, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees from and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) reasonable attorneys' fees, to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter not covered by insurance, resulting from Tenant's negligence or willful misconduct in connection with Tenant’s such early entry upon on the Premises hereunderProperty. Any delay in construction or Substantial Completion of the Property resulting from Tenant's failure to comply with any reasonable directive from Landlord related to construction of the Project or any default by Tenant under this Lease shall be a Tenant Delay.

Early Possession. Tenant shall have EARLY POSSESSION is hereby deleted and the nonexclusive right following substituted therefore: Lessee is to enter and use be allowed to occupy the Premises for the purpose of constructing improvements in the Premises upon complete execution and compliance with Lease terms (subject including Paragraph 8.1: Liability Insurance--Lessee), but no sooner than October 1, 1999. Rent is to begin on December 1, 1999. Lessor and Lessee agree that all the terms and conditions of Article 7 below the above referenced Lease are to be in full force and effect as of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory date of Lessee's possession of the Premises. Lessee accepts Premises in its present condition (subject to the commencement terms of Tenant’s business any paragraph warranting the condition of the Premises). Lessor agrees to complete all Tenant Improvements as set forth in the Premises, beginning on Lease. Lessee understands that his early occupancy may cause some delay in the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all construction of the terms Tenant Improvements and conditions that such delay will not be a cause for forgiveness of any rent due. It is further understood that any improvement of the leased Premises by the Lessee which may result in the delay in construction of Tenant Improvements or in the obtaining of a building permit without prior written consent of Lessor is hereby prohibited. Any such violation may cause the termination of this Lease (including, but not limited to, conditions relating to maintenance Lease. In the event Lessee takes possession of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to completion of any construction, Lessee agrees to hold Lessor harmless from any and all claims for damages to goods, equipment or inconvenience. This Early Possession Agreement is being provided as additional consideration for Lessee executing this Lease. Lessee and Lessor herein agree that said Early Possession is equal to a minimum of a $14, 486.00 (Fourteen Thousand, four hundred eighty six Dollars) rent credit. In the Rent Commencement Dateevent Lessee defaults during the Term of this Lease, Tenant Lessee understands and agrees that Lessor shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under be entitled to recover this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunderrent credit as additional damages.

Early Possession. Subject to the terms of this Section 3.4 and provided that this Lease has been fully executed by all parties and Tenant shall have has delivered all prepaid rental, the nonexclusive Letter of Credit, the Guaranty, and insurance certificates required hereunder, Landlord grants Tenant the right to enter and use the Premises as of the execution date of this Lease, at Tenant’s sole risk solely for the purpose of constructing improvements in performing the Premises (subject to all the terms Tenant Work described on Exhibit C-1 attached hereto and conditions of Article 7 below installing telecommunications and of the Workletter as defined below)data cabling, installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring furnishings and personal property and performing other similar work preparatory personalty. Such possession prior to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant)Lease, except that (i) Tenant shall have no obligation not be required to pay minimum rental Base Rent or Tenant’s Share of Operating Expenses for any with respect to the period of time prior to the Rent Commencement Date, (ii) subject to any applicable provisions to Date during which Tenant occupies the contrary in Section 6.1 hereof and/or in the WorkletterPremises solely for such purposes. However, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises be liable for any period prior utilities or special services provided to the Rent Commencement Date, and (iii) Tenant during such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1period. To the extent Landlord and/or its contractors or consultants are also performing work in may withdraw such permission to enter the Premises prior to the Rent Commencement DateDate at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for Landlord, Tenant shall not unreasonably interfere with or delay Landlord’s their respective contractors or consultants employees, or if Landlord reasonably determines that such entry by any early access, occupancy Tenant is hampering or possession under otherwise preventing Landlord from proceeding with the completion of the Landlord Work described on Exhibit C at the earliest possible date. Tenant shall coordinate its entry into the Premises pursuant to this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) in a manner so as to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunderWork.

Early Possession. Tenant shall have With prior written consent of Sublandlord and Master Landlord, Subtenant may, prior to the nonexclusive right to Commencement Date, enter and use upon the Premises for to commence Subtenant’s improvements to the purpose of constructing improvements Premises and to install such trade fixtures and equipment in the Premises as Sublandlord may approve in accordance with any and all related requirements in the Master Lease and to locate up to twenty (20) of Subtenant’s employees in the Premises commencing December 1, 1999, subject to Subtenant’s obligation to pay to Sublandlord the amount of $10,000.00 plus all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of Operating Expenses arising from such early accessoccupancy by Subtenant’s employees; provided, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (includinghowever, but not limited to, conditions relating to maintenance of required insurance by Tenant), except that (i) Tenant Subtenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to previously provided Sublandlord and Master Landlord with proof of Subtenant’s insurance coverage as set forth in Section 20 of the Rent Commencement Date, Master Lease; and (ii) subject prior to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession entry Subtenant shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or cause its contractors and subcontractors to obtain workers compensation insurance in compliance with Section 20 of the Master Lease and commercial general liability insurance in a commercially reasonable amount given the scope of the work to be performed by such contractor or consultants are also performing work subcontractor All materials, work, installations and decorations of any nature brought upon or installed in the Premises prior to the Rent Commencement Date shall be at the risk of Subtenant. Neither Master Landlord nor Sublandlord nor any party acting on their behalf shall be responsible for any damage or loss or destruction of such items brought to or installed in the Premises by Subtenant prior to the Commencement Date other than arising from the gross negligence or intentional misconduct of such parties. Subtenant’s access to the Premises prior to the Commencement Date, Tenant as provided herein, shall be subject to such reasonable safety, security and insurance (including, without limitation, builder’s risk insurance for any alterations to the Premises) requirements and procedures as may be established by Master Landlord or Sublandlord from time to time. If Subtenant occupies the Premises, or any portion thereof, prior to the Commencement Date, such occupancy shall be subject to all provisions of this Sublease and, as specifically incorporated into this Sublease, the applicable provisions of the Master Lease, including, without limitation, Sections 17 (as to Subtenant’s activities on the Premises only), 20 (excluding flood or earthquake insurance) 21 and 22 of the Master Lease. Such occupancy shall not unreasonably interfere with or delay Landlord’s contractors or consultants by alter the termination date of the this Sublease. Except as specifically provided herein, Subtenant shall not be obligated to pay Rent (including any Operating Expenses) for such early accessoccupancy period. Except as specifically provided herein, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect no circumstances may Subtenant commence business operations from the Premises prior to the other party’s work following the Early Access Commencement Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter and use the Premises for the purpose of conducting preliminary inspections and measurements, preparing drawings, constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the first (1st) business day following the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such early occupancy and possession by Tenant shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to the payment of utilities and maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, and (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1, except to the extent (if any) expressly provided above in this Section 2.2. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant may possess the Premises on the Early Possession Date (as defined in Section 1 of this Lease), even though the Early Possession Date is prior to the Commencement Date of the Lease ("Early Possession"), so long as Landlord and Tenant have fully executed and delivered this Lease, Tenant has paid the Security Deposit and all advance Rent due under the Lease and Tenant has delivered to Landlord all required insurance certificates. The obligation to pay Base Rent shall be abated for the Early Possession Period and the obligation to pay Tenant's Share of Operating Expenses shall be abated to the extent set forth in the next succeeding sentence. Notwithstanding anything to the contrary herein, Tenant shall have not be obligated to pay Tenant's Share of Operating Expenses until the nonexclusive right to enter earlier of (i) the Commencement Date and use (ii) the Premises for date Tenant first conducts its business upon the purpose Premises. All other terms of constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below)this Lease, installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory than those related to the commencement payment of Base Rent and Tenant’s business in the Premises's Share of Operating Expenses, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating the obligation to maintenance carry the insurance required by Paragraph 8 of required insurance by Tenantthe Lease, shall be in effect during the Early Possession Period. Such Early Possession shall not change the Expiration Date of the Original Term. This Addendum (the "Addendum") is incorporated as a part of that certain Lease Agreement dated February 22, 2008 (the "Lease"), except that by and between Headlands Realty Corporation, a Maryland Corporation (i"Landlord"), and Omneon Video Networks, Inc., a Delaware corporation ("Tenant"), for the leasing of those certain premises commonly known as 0000-0000 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx, as more particularly described in Exhibit A to the Lease (the "Premises") Tenant . Any capitalized terms used herein and not otherwise defined herein shall have no obligation the meaning ascribed to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or such terms as set forth in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunderLease.

Early Possession. Tenant shall have the nonexclusive right to enter and use the Premises for the purpose of conducting inspections and measurements, preparing drawings, constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on upon the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, Landlord notifies Tenant in writing that the Premises are available for purposes of such early access, as access by Tenant (the “Early Access Date”), which Early Access Date is presently estimated to be the next business day following the Lease Commencement Date. Such early occupancy and possession by Tenant shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to the payment of utilities and maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, and (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing any work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c4(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant Lessee shall have the nonexclusive right of Early Possession, as set forth in Paragraph 1.4 above; provided, however, that (i) Lessee shall provide Lessor with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to enter be provided by Lessee hereunder prior to entering the Premises, (ii) Lessee shall have obtained any and use all governmental approvals required for the Premises for Early Possession, (iii) Lessor may impose any restrictions and conditions on Lessee’s right of Early Possession which Lessor deems reasonably necessary until Substantial Completion of the Building Tenant Improvements (and Lessee acknowledges and agrees that any restrictions and conditions imposed by Lessor with the purpose of constructing improvements attempting to avoid any delay in the Premises Commencement Date shall be deemed reasonable), and (subject to all iv) in no event shall Lessee or Lessee’s employees, agents, consultants, contractors or invitees (collectively, the terms and conditions of Article 7 below and “Lessee Parties”) interfere with the construction of the Workletter as defined below)Tenant Improvements, installing fixtures nor with any inspections or issuance of final approvals by any applicable governmental authority, and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory if Lessee fails to cease such interference promptly after notice from Lessor specifying the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes nature of such early accessinterference, as Lessor shall have the “right to terminate Lessee’s right of Early Access Possession until Substantial Completion of the Building Tenant Improvements. During the period from the Early Possession Date until the Commencement Date”). Such occupancy and possession shall be subject to and upon , all of the terms and conditions of this Lease shall be in effect except that Lessee shall not be required to pay any Base Rent, Real Property Taxes (including, but not limited to, conditions relating to maintenance of required insurance by Tenantas defined in Paragraph 10), except that (i) Tenant shall have no obligation to pay minimum rental insurance premiums or Operating Expenses other than utilities for the Premises. Lessee hereby releases and discharges Lessor and Lessor’s employees, agents, consultants, contractors and manager (collectively, the “Lessor Parties”) from and against any and all claims of loss, damage or injury to persons or property, including without limitation any product inventory, which is alleged to have occurred during the period of Early Possession, excluding claims of loss, damage or injury to persons or property caused by the gross negligence or willful misconduct of Lessor or a Lessor Party. Lessor makes no representation or warranty about safety of the Premises during any period prior to the Rent Commencement Dateof Early Possession, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant as construction and other activities will be ongoing. Lessee shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or coordinate its contractors or consultants are also performing work activities in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere during Early Possession with or delay LandlordLessor and Lessor’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants Contractor (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided as defined in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunderExhibit C).

Early Possession. Tenant shall have the nonexclusive right to enter occupy ---------------- and use take possession of the Premises Phase II Site from and after the date of Landlord's delivery of the Structural Completion Certificate described in clause (i) of Section 2.1, even though such date is prior to the Commencement Date determined under Section 2.1 and even though Landlord will be continuing to construct the balance of Landlord's Work as contemplated in Exhibit C, for the purpose of --------- constructing improvements Tenant's Work as contemplated in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Exhibit C. Such occupancy and possession --------- possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter attached hereto as Exhibit C (including, but not limited to, --------- conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date termination date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Landlord and/or its contractors or consultants are also performing work in the Premises Phase II Site at all appropriate times prior to Landlord's delivery of the Rent Commencement DateStructural Completion Certificate, subject to the approval of Landlord and its contractor (which approval shall not be unreasonably withheld or delayed), solely for the purpose of installing fixtures and equipment and other similar work preparatory to the construction of Tenant's Work and the commencement of Tenant's business on the Property, and Tenant shall not unreasonably be required to pay minimum rental or Operating Expenses by reason of such early access until the Commencement Date otherwise occurs. Tenant shall not interfere with or delay Landlord’s 's contractors or consultants by any such early access, occupancy or possession under this Section 2.22.2 prior to Landlord's delivery of the Structural Completion Certificate, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s 's work following Landlord's delivery of the Early Access DateStructural Completion Certificate, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys' fees, arising out of the Workletter or in connection with Tenant’s 's early entry upon the Premises Phase II Site hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter occupy ---------------- and use take possession of the Premises respective Buildings from and after the date of Landlord's delivery of the respective Structural Completion Certificates described in clause (i) of each of Section 2.1(a) and Section 2.1(b), even though Landlord will be continuing to construct the balance of Landlord's Work in the applicable Building as contemplated in Exhibit C, for the purpose of constructing improvements Tenant's Work as contemplated in Exhibit C and for the Premises (subject to all the terms and conditions purpose of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-low voltage data wiring and personal property and performing other similar work related to the construction of Tenant's Work and/or preparatory to the commencement of Tenant’s 's business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)applicable Building. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter attached hereto as Exhibit C (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the applicable Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the applicable Rent Commencement Date or the Termination Date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Phase 1 Property or the Phase 2 Property, as applicable, at all appropriate times prior to Landlord's delivery of the respective Structural Completion Certificate for the Building to be constructed on such applicable portion of the Property, subject to the approval of Landlord and/or and its contractors general contractor (which approval shall not be unreasonably withheld or consultants are also delayed) and to all other provisions of this Section 2.2, solely for the purpose of performing work in the Premises prior preparatory to the construction of Tenant's Work or necessary for the orderly sequencing of such work, and Tenant shall not be required to pay minimum rental or Operating Expenses by reason of such early access until the applicable Rent Commencement DateDate otherwise occurs; without limiting the generality of the preceding portion of this sentence, Tenant shall be entitled to have early access to the Phase 1 Property or the Phase 2 Property, as applicable, and the applicable respective Building as soon as the roof metal decking is in place in order to begin hanging electrical, mechanical and plumbing services from the overhead structure, subject to all of the provisions of this Section 2.2. Tenant shall not unreasonably interfere with or delay Landlord’s 's contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s 's work following Landlord's delivery of the Early Access Dateapplicable Structural Completion Certificate, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys' fees, arising out of the Workletter or in connection with Tenant’s 's early entry upon any portion of the Premises Property hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter have access to and use of the Premises Building from the date of Landlord’s delivery of the Structural Completion Certificate for the Building, even though Landlord will be continuing to construct the balance of Landlord’s Work as contemplated in the Workletter, for the purpose of constructing improvements Tenant’s Work as contemplated in the Premises (subject to all Workletter, including, without limitation, for the terms and conditions purpose of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, security equipment, telephone equipment, low-low voltage data wiring and personal property and performing other similar work related to the construction of Tenant’s Work and/or preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)Building. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance). Tenant shall also be entitled to early access to the Building and the Property prior to Landlord’s delivery of the Structural Completion Certificate (“Early Access”) as early as reasonably practicable (the date on which such Early Access commences being called herein the “Early Access Date”), except that subject to the provisions of this Section 2.2, for the purpose of performing work preparatory to the construction of Tenant’s Work or necessary for the orderly sequencing of such Work and/or for the actual construction of Tenant’s Work pursuant to the Workletter, and Tenant shall not be required to pay minimum rental or maintain the Property by reason of such early access until the Rent Commencement Date otherwise occurs. Notwithstanding any early access to the Building as provided in this Section 2.2, (ia) Tenant shall have no obligation to pay the minimum rental or Operating Expenses maintain the Property for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, 2.1 and (iiib) such early possession shall not advance or otherwise affect the Rent Commencement Date or the Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant shall have Pursuant to paragraph 1.4 of the nonexclusive right Lease, Lessee may take early possession of the Premises, prior to enter and use the Premises completion of Lessor's construction of the Lessee Improvements, as more particularly described in Exhibit "E", attached hereto, for the purpose of constructing improvements installing Lessee's furniture, fixtures and equipment, provided, however, that Lessee's early possession shall not interfere with or in any way delay completion of the Lessee Improvements. If Lessee's early possession results in a delay in completion of the Lessee Improvements, and a subsequent delay in the Lease Commencement Date, the Lease Term shall commence and Base Rent shall be paid effective on the date on which the Premises (subject would have been delivered to all Lessee ready for occupancy but for the terms and conditions of Article 7 below and delay caused by Lessee's early possession. If the substantial completion of the Workletter as defined below)Lessee Improvement Work occurs prior to November 1, installing fixtures and furniture1999, laboratory equipmentthen Lessee shall have the right to occupy the Premises prior to November 1, computer equipment1999, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement provided that (A) Lessee shall give Lessor at least ten (10) days' prior notice of Tenant’s business in any such occupancy of the Premises, beginning on (B) a temporary certificate of occupancy shall have been issued by the Lease Commencement Date appropriate governmental authorities (which date is also sometimes interchangeably referred or Lessee shall have obtained the appropriate permit or approval allowing Lessee to hereinlegally occupy the Premises) for each such portion to be occupied, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon (C) all of the terms and conditions of this the Lease (includingshall apply, but not limited to, conditions relating to maintenance of required insurance by Tenant), except that (i) Tenant shall have no other than Lessee's obligation to pay minimum rental or Base Rent and Lessee's Share of Common Area Operating Expenses for any period prior Expenses, as though the Commencement Date had occurred (although the Commencement Date shall not actually occur until the occurrence of the same pursuant to the Rent Commencement Date, (iiterms of paragraph 3 of the Lease) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost upon such occupancy of utilities supplied to a portion of the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunderLessee.

Early Possession. Subject to the terms of this Section 2.2 and provided that this Lease has been fully executed by all parties and Tenant shall have has delivered all prepaid rental, the nonexclusive Security Deposit, and insurance certificates required hereunder, Landlord grants Tenant the right to enter and use the Premises Premises, at Tenant’s sole risk, solely for the purpose of constructing improvements in the Premises (subject to all the terms installing telecommunications and conditions of Article 7 below and of the Workletter as defined below)data cabling, installing fixtures and furniture, laboratory equipment, computer equipmentfurnishings and other personalty, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory thirty (30) days prior to the commencement of Tenant’s business in the PremisesLease Commencement Date, beginning on as reasonably determined by Landlord. Such possession prior to the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant)Lease, except that (i) Tenant shall have no obligation not be required to pay minimum rental or Operating Expenses for any Rent with respect to the period of time prior to the Rent Lease Commencement Date, (ii) subject to any applicable provisions to Date during which Tenant occupies the contrary in Section 6.1 hereof and/or in the WorkletterPremises solely for such purposes. However, Tenant shall have no obligation be liable for any special services requested by and provided to pay Tenant during such period. Notwithstanding the cost foregoing, if Txxxxx takes possession of utilities supplied to the Premises before the Lease Commencement Date for business purposes, such possession shall be subject to {3925-00031/01363433;7} -8- SHORES CENTERSoleno Therapeutics, Inc. the terms and conditions of this Lease and Tenant shall pay Base Rent and any period prior other charges payable hereunder to Landlord for each day of possession before the Rent Lease Commencement Date, and (iii) such . Said early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1Lease Expiration Date. To the extent Landlord and/or its contractors or consultants are also performing work in may temporarily withdraw such permission to enter the Premises prior to the Rent Lease Commencement DateDate at any time that Landlord reasonably determines that such entry by Txxxxx is causing a dangerous situation for Landlord, Tenant shall not unreasonably interfere with or delay Landlord’s their respective contractors or consultants employees, or if Landlord reasonably determines that such entry by any early access, occupancy Tenant is hampering or possession under this Section 2.2, shall coordinate and cooperate otherwise preventing Landlord from proceeding with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) completion of the Workletter in connection with Tenant’s early entry upon Tenant Improvements at the Premises hereunderearliest possible date.

Early Possession. Tenant shall have the nonexclusive right to enter and use the Premises for the purpose of constructing tenant improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on upon the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, Landlord notifies Tenant in writing that the Premises are available for purposes of such early access, as access by Tenant (the “Early Construction Access Date”), which Construction Access Date shall in all events be no later than thirty (30) days after the Premises have been fully vacated by the existing tenant. Such right of Tenant to enter early to construct tenant improvements shall be subject to Landlord’s right concurrently to perform or complete the performance of Landlord’s Work. Tenant’s early occupancy and possession pursuant to this Section 2.2 shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to the payment of utilities and maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises Operating Expenses for any period prior to the Rent Commencement DateJanuary 1, 2007 (as provided in Section 5.3 below), and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c4(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder. (a) During all periods when both parties and/or their respective contractors or consultants are concurrently performing work on the Property or in the Premises prior to the Rent Commencement Date, subject to the express provisions of this paragraph (a) and its subparagraphs, neither party shall unreasonably interfere with or delay the work of the other party and/or its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective contractors and consultants to work in harmony with and to mutually coordinate and cooperate with the other’s contractors and consultants, respectively, to minimize any interference or delay by either party with respect to the other party’s work. The coordination and cooperation obligations set forth in this paragraph shall be subject to the following: (i) As Tenant proceeds with the design and planning of the Tenant Improvements pursuant to the Workletter and as Landlord proceeds with its planning for Landlord’s Work pursuant to Section 2.3(a) below, the parties agree to cooperate diligently, reasonably and in good faith to develop a mutually agreeable construction schedule for Landlord’s Work and for the Tenant Improvements (any such construction schedule mutually approved by the parties, and as modified from time to time [if applicable] by mutual agreement of the parties, being referred to in this Lease as the “Approved Construction Schedule”). To the extent Landlord completes and delivers the principal elements of Landlord’s Work within the time deadlines established in the Approved Construction Schedule (if any), it shall be conclusively presumed that the timing of Landlord’s completion and delivery of such elements did not give rise to any Landlord Delay. If the parties fail or are unable to agree upon an Approved Construction Schedule, such failure or inability shall not affect or impair in any manner the validity of this Lease and the Workletter, or of the respective obligations of the parties hereunder and thereunder. (ii) During the period prior to the earlier to occur of (A) Landlord’s substantial completion of any seismic upgrade work undertaken by Landlord (whether on a voluntary basis or in compliance with applicable legal requirements) as part of Landlord’s Work or (B) April 1, 2006 (the “Landlord Priority Period”), in the event of any irreconcilable conflict or interference between the work of Landlord’s workers, mechanics and contractors and the work of Tenant’s workers, mechanics and contractors, Landlord and Tenant shall resolve such conflict or interference by a reasonable resequencing or rescheduling of Tenant’s remaining work to avoid the conflict or interference. After the Landlord Priority Period, in the event of any irreconcilable conflict or interference between the work of Landlord’s workers, mechanics and contractors and the work of Tenant’s workers, mechanics and contractors, Landlord and Tenant shall resolve such conflict or interference by a reasonable resequencing or rescheduling of Landlord’s remaining work to avoid the conflict or interference. (iii) Notwithstanding subparagraphs (i) and (ii) above, in the event Tenant, as a result of Landlord’s Work, is unable to commence Tenant’s construction of Tenant Improvements in the area designated as the “Clean Room Priority Construction Area” on Exhibit A-3 attached hereto and incorporated herein by this reference (which Clean Room Priority Construction Area is the area of primary activity associated with Tenant’s initial installation of clean room infrastructure and construction of clean room facilities as part of the first phase of the Tenant Improvements) by February 1, 2006, or is materially hindered or delayed after February 1, 2006 in continuing with the construction of such Tenant Improvements in the Clean Room Priority Construction Area, and if such delay(s) caused by Landlord’s Work result in an actual and material delay in Tenant’s ability to Commence Material Business Operations in the Premises beyond the later of January 1, 2007 or eleven (11) months following the Construction Access Date, then such delay shall constitute a Landlord Delay subject to Section 2.1(b)(i). (b) In the event the Construction Access Date does not occur for any reason on or before April 1, 2006, then Tenant shall have the right to terminate this Lease upon written notice at any time after April 1, 2006 and prior to the occurrence of the Construction Access Date, and in the event Tenant timely elects such termination, this Lease shall terminate and Landlord shall return promptly to Tenant all letters of credit or other security and all prepaid rent (if any) paid by Tenant pursuant to this Lease.

Early Possession. Before the Commencement Date, Tenant shall have the nonexclusive right be ---------------- entitled to enter and use the Premises for the purpose purposes of constructing improvements in performing the Tenant Improvements and any other work on the Premises (subject which Tenant desires to perform and which is in conformity with all the terms provisions of this Lease, provided that: (i) Tenant's entry on and conditions of Article 7 below and early possession of the Workletter Premises shall be conducted in a manner so as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory not to the commencement of Tenant’s business in the Premises, beginning materially interfere with Landlord's Work; (ii) Tenant delivers to Landlord before entering on the Lease Commencement Date Premises evidence of liability insurance coverage required under this Lease; (which date is also sometimes interchangeably referred to hereiniii) Tenant at all times during Tenant's early possession keeps the Premises free of all mechanic's, for purposes materialmen's and design professionals' liens arising from the work being performed by Tenant and otherwise complies with the provisions of such paragraph 13; (iv) Tenant's early access, as the “Early Access Date”). Such occupancy and possession hereunder shall be subject to and upon governed generally by all of the applicable terms and conditions of this Lease (includingLease, but Tenant shall not limited tobe obligated to pay any Basic Rent or additional rent (with the exception that Tenant or its contractors shall pay as additional rent the reasonably allocable cost of any utilities used by Tenant in the Premises in constructing the Tenant Improvements); and (v) in no event shall Tenant be permitted to enter the Existing Premises (as defined in paragraph 43(a)) until Existing Tenant (as defined in paragraph 43(a)) has vacated the Existing Premises or granted its consent for such entry, conditions with the exception that to the extent permitted under the Existing Lease and applicable law, Tenant shall be entitled to enter the Existing Premises to perform Tenant's responsibilities as to the Seismic Work as provided in paragraph 45(c). Tenant's entering the Premises is subject to prior compliance, at Tenant's sole expense (except as may be otherwise expressly provided in this Lease), with all applicable laws relating to maintenance Tenant's possession. However, under no circumstances shall the provisions of required insurance this paragraph 4(b) permit Tenant to conduct business from all or any part of the Premises. The consumption of electricity during any period of construction activity by Tenant shall, if economically practicable, be determined by separate metering and if not practicable, shall be estimated based upon any increase in consumption of electricity during the period of any construction over the average monthly consumption in such metered area during the prior twelve month period (adjusted, however, for any increase or decrease in tenant occupancy of such metered area). Tenant's contractors and subcontractors shall be entitled during any period the option to lease additional space (as provided in paragraph 1(c)) remains in effect, except that to occupy any portion of Building C which is then subject to such option to lease (excluding the Existing Space as defined in paragraph 43 during any period it is occupied by the Existing Tenant) for the purpose or planning or supervising any construction activities or for the storage of tools, materials or equipment associated with any such construction. In such event, such contractors or subcontractors shall, or Tenant shall cause such contractors or subcontractors to (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for keep the bathrooms in Building C in a reasonable state of cleanliness in light of any period prior to the Rent Commencement Dateuse by such contractors, subcontractors and their respective employees, and (ii) subject to when the construction activities are completed, or on any applicable provisions earlier date that this Lease may terminate, vacate the space, leave the space in broom clean condition, and repair any damage that may have been caused to the contrary in Section 6.1 hereof and/or space by any activities therein by any such contractors or subcontractors. Tenant shall cause any such space so occupied to be surrendered to Landlord in the Worklettercondition required herein upon the expiration or termination of the option to lease as to such space. Landlord may, as a condition to allowing any contractor or subcontractor to occupy any such space, require such party to satisfy any reasonable requirements as to liability insurance and to enter into an indemnity agreement as to such party's activities on the Project in form reasonably acceptable to Landlord. (a) On or before the first day of each calendar month during the Lease Term Tenant shall have no obligation pay to pay Landlord, as minimum monthly rent for the cost Premises, the sum of utilities supplied to the Premises $16,531.15 ("Basic Rent"). The Basic Rent for any period partial month shall be prorated at the rate of 1/30 of the Basic Rent per day. Basic Rent shall be paid by Tenant to Landlord, in advance, without prior demand, deduction or offset, in lawful money of the United States of America to X.X. Xxxxxxxx & Sons, Xxx Xxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX 00000, Attn: Accounting Department, or to such other person or at such other place as Landlord may from time to time designate in writing. (b) All charges and other amounts of any kind payable by Tenant to Landlord pursuant to this Lease shall be deemed additional rent. Landlord shall have the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work same remedies for default in the Premises prior payment of additional rent as for default in the payment of Basic Rent. Basic Rent and additional rent are collectively sometimes hereinafter referred to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunderas "rent."

Early Possession. Tenant and its contractors shall have the nonexclusive right be allowed access to enter and use the Premises for the purpose of constructing improvements in the Premises commencing fifteen (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory 15) days prior to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date in order to install special equipment such as telephone systems, communications equipment and computer systems; provided that Tenant delivers written evidence to Landlord in advance that Tenant is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon then carrying all of the terms and conditions insurance required by Section 7 of this Lease (including, but not limited to, conditions relating to maintenance of required insurance be carried by Tenant), except and provided further that (i) Tenant shall have no obligation delivers written evidence to pay minimum rental or Operating Expenses for any period Landlord of the insurance carried by each such contractor, which insurance must be approved in writing by Landlord prior to any such contractor entering the Rent Premises. Landlord shall not be responsible for, nor shall the Commencement DateDate be delayed as a result of, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or delay in the Workletter, Tenant shall have no obligation to pay the cost issuance of utilities supplied to any occupancy permit for the Premises for caused by or related to Tenant's installation of any period prior to the Rent Commencement Date, such special equipment. Any and (iii) such early possession shall not advance all activity by Tenant or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant Date (i) shall be coordinated with Landlord and its general contractor to insure that Tenant's work on and to the Premises does not unreasonably materially interfere with or delay Landlord’s contractors or consultants the work being performed by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who ii) shall similarly coordinate be in compliance with such reasonable rules as Landlord shall impose. If Landlord determines that Tenant or its contractor is materially interfering with Landlord's work in the Premises, then Landlord shall have the right to require the interfering party to leave the Premises until a time when such party will not be interfering with Landlord's work, and, in any such event, Tenant shall have no right to assert that the Commencement Date or Tenant's other obligations under the Lease are affected thereby. Except to the extent caused by the gross negligence or willful misconduct of Landlord and cooperate not covered by insurance carried by Tenant or its contractor as required in this Lease to be carried by such party, Landlord shall have no responsibility with respect to any items placed in the Premises prior to the Commencement Date, and Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and contractor shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.hold

Early Possession. Tenant shall have the nonexclusive right to enter occupy and use take possession of the Premises Phase I Site from and after the date of Landlord’s delivery of the Structural Completion Certificate described in clause (i) of Section 2.1, even though such date is prior to the Commencement Date determined under Section 2.1 and even though Landlord will be continuing to construct the balance of Landlord’s Work as contemplated in Exhibit C, for the purpose of constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business Work as contemplated in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Exhibit C. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter attached hereto as Exhibit C (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date termination date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Landlord and/or its contractors or consultants are also performing work in the Premises Phase I Site at all appropriate times prior to Landlord’s delivery of the Rent Commencement DateStructural Completion Certificate, subject to the approval of Landlord and its contractor (which approval shall not be unreasonably withheld or delayed), solely for the purpose of installing fixtures and equipment and other similar work preparatory to the construction of Tenant’s Work and the commencement of Tenant’s business on the Property, and Tenant shall not unreasonably be required to pay minimum rental or Operating Expenses by reason of such early access until the Commencement Date otherwise occurs. Tenant shall not interfere with or delay Landlord’s contractors or consultants by any such early access, occupancy or possession under this Section 2.22.2 prior to Landlord’s delivery of the Structural Completion Certificate, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following Landlord’s delivery of the Early Access DateStructural Completion Certificate, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys’ fees, arising out of the Workletter or in connection with Tenant’s early entry upon the Premises Phase I Site hereunder.

Early Possession. Subject to the limitations set forth below, the LESSEE SHALL BE ALLOWED TO ENTER THE PREMISES FOR THE PURPOSES OF INSTALLING ITS FIXTURES AND EQUIPMENT, provided that Lessee has then provided Lessor with copies of Certificates of Insurance, complying in all respects with the terms of this Lease, for all insurance required to be carried hereunder (the "Lessee Insurance Evidence"). Lessor shall make the Building available for Lessee's Early Possession upon the later to occur of (i) the providing to Lessor of Lessee's Insurance Evidence, the completion of mutual Lease execution, and the delivery to Lessor of all funds required to be delivered on or before Lease Commencement, including, without limitation, the Security Deposit as described in Paragraph 1.7, below, and the Base Rent to be paid upon execution, as described in Paragraph 1.6, below, and (ii) the completion of the building shell to the point where it is weather proof and lockable, which the parties acknowledge shall be no sooner than June 10, 2002. Lessee acknowledges that the ESFR system for the Building will not be completed upon the delivery to Lessee of the Building for such Early Possession, and that the earliest anticipated completion date for the ESFR is July 1, 2002. Lessee acknowledges that Lessor will be completing the shell Building and related improvements and constructing Lessee's Tenant shall have Improvements during the nonexclusive right period of Early Possession, and that accordingly the ability of Lessee to enter freely install its fixtures and equipment or otherwise use the Premises for the purpose of constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business during this period will be limited by Lessor's activities in the Premises. Lessee agrees that in all events Lessor shall have priority over Lessee in construction or similar activities, beginning on that Lessee will follow all reasonable rules and regulations concerning its activities in and about the Lease Commencement Date (which date is also sometimes interchangeably referred Premises during this period promulgated by Lessor, Its Contractor, or Property Manager: Due to hereinthe ongoing construction and other activities, for purposes Lessee hereby forever releases and discharges Lessor, its contractors, agents, employees, and managers from and against any and all claims of such early accessloss, as the “Early Access Date”). Such occupancy and possession shall be subject damage or injury to and upon all of the terms and conditions of this Lease (persons or property, including, but not limited towithout limitation, conditions relating its product inventory, which loss, damage or injury occurs, or is alleged to maintenance have occurred, during the period of required insurance by Tenant)Early Possession, except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) caused by Lessor's gross negligence or intentional malfeasance. Lessee acknowledges that Lessor does not guarantee or warrant the safety of the Workletter in connection with Tenant’s early entry upon the Premises hereunderPremises, or its security during such period, as construction and other activities will be ongoing. ("EARLY POSSESSION DATE"). (See also Paragraphs 3.2 and 3.3.)

Early Possession. Tenant shall have the nonexclusive right to enter and use access the Premises after the Early Possession Date and before the Commencement Date for the limited purposes of installing trade fixtures, racking, equipment, communications infrastructure, cabling and security systems, but not for the purpose of constructing improvements in conducting business from the Premises. If Tenant totally or partially occupies the Premises (subject to all after the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Early Possession Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the WorkletterDate for such limited purposes, Tenant shall have no obligation to pay the cost Rent or NNN operating expenses during such period, but all other terms of utilities supplied this Lease (including but not limited to the Premises for any period prior to the Rent Commencement Date, and (iiiinsurance obligations set forth in Article 10) shall be in effect during such period. Any such early possession shall not affect or advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1the Term. To the extent Landlord and/or its contractors or consultants are also performing work in During any such early possession, (a) Tenant shall pay all utility, and service charges for the Premises prior attributable to Tenant’s early entry and use of the Rent Commencement DatePremises as reasonably determined by Landlord, (b) Tenant shall not unreasonably interfere interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the tenant improvements in accordance with the provisions of Tenant Work Letter attached to this Lease, (c) Tenant shall not use the Premises for the storage of inventory or delay otherwise commence the operation of business during the period of such early entry, and (d) Tenant shall at all times comply with Landlord’s contractors or consultants by rules and regulations regarding tenant move-in procedures. If Tenant breaches of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set Forth in this Lease, revoke Tenant’s right lo early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect access to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees Premises upon written notice to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. From and after November 1, 2000, Tenant shall have the nonexclusive right and obligation to enter accept each Building and use the Premises for the purpose of constructing improvements in the Premises (subject to all the terms begin paying Base Rent and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, Additional Rent therefore as the “Early Access Date”). Such occupancy Tenant Improvements as described in Exhibit D are "substantially completed" for each Building as provided in Exhibit D, and possession shall be subject to and upon all of the terms and conditions provisions of this Lease (includingshall begin to apply with respect to each Building immediately upon the substantial completion of the Tenant Improvements in each Building and notwithstanding that the Commencement Date may not yet have occurred; however, but not limited tobefore Tenant shall be permitted occupancy of each such Building, conditions relating to maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation pay for and provide evidence of the insurance to pay minimum rental or Operating Expenses for any period prior be provided by Tenant pursuant to the Rent Commencement Dateprovisions of Section 11, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost contract for direct payment of utilities supplied to the Premises all utility, service and maintenance charges for any period prior to the Rent Commencement Datesuch Building, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with interfere, delay or delay hinder Landlord’s , its representatives, contractors or consultants by any early accesssubcontractors in the construction of the Tenant Improvements in the balance of the Premises in accordance with the provisions of this Lease. Prior to November 1, occupancy or possession under this Section 2.22000, Tenant shall coordinate have the right to enter into each Building on the Premises up to thirty (30) days prior to the substantial completion of the Tenant Improvements for each Building to install phone systems, computer systems, furniture, fixtures and cooperate with Landlord and its contractors and consultants equipment, etc., within each Building on a phased basis during such thirty (who shall similarly coordinate and cooperate with Tenant and its contractors30) day period prior to minimize any interference or delay by either party substantial completion (except that with respect to cabling, Tenant and Landlord shall coordinate in good faith for Tenant to be permitted to install its cabling prior to Landlord's installing drop ceilings), which early entry shall be subject to all terms of this Lease, but shall not constitute occupancy for operation of Tenant's business and shall not trigger the Commencement Date or Tenant's obligation to pay Rent or any other party’s work following amounts due under this Lease; provided, however, (i) Tenant shall pay for and provide evidence of the Early Access Dateinsurance to be provided by Tenant pursuant to the provisions of Section 11, (ii) Tenant shall contract for direct payment of all utility, service and maintenance charges for such Building, and (iii) Tenant shall indemnify Landlord and not unreasonably interfere, delay or hinder Landlord, its agents and employees to agents, contractors or subcontractors in the extent provided in Section 10.6(a) below and in Paragraph 5(c) construction of the Workletter Tenant Improvements in connection with Tenant’s early entry upon the balance of the Premises hereunderin accordance with the provisions of this Lease. Early possession by Tenant in accordance with this Section 30.1 shall not constitute occupancy of the Premises for purposes of establishing the Commencement Date.

Early Possession. Tenant shall have the nonexclusive right to enter and use the Premises for the purpose of conducting inspections and measurements, preparing drawings, constructing improvements in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on upon the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, Landlord notifies Tenant in writing that the Premises are available for purposes of such early access, as access by Tenant (the “Early Access Date”), which Early Access Date is presently estimated to be on or about March 21, 2007 and shall in all events be no later than March 21, 2007, assuming final execution of this Lease on or before that date. Such early occupancy and possession by Tenant shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to the payment of utilities and maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, and (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing any work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c4(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.

Early Possession. Tenant shall have the nonexclusive right to enter occupy and use the Premises Buildings from and after the date of Landlord's delivery of the respective Structural Completion Certificates described in clauses (i) and (iii) of Section 2.1, even though Landlord may be continuing to construct the balance of Landlord's Work as contemplated in the Workletter, for the purpose of constructing improvements Tenant's Work as contemplated in the Premises (subject to all Workletter and for the terms and conditions purpose of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-low voltage data wiring and personal property and performing other similar work related to the construction of Tenant's Work and/or preparatory to the commencement of Tenant’s 's business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”)respective Buildings. Such occupancy and possession possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter (including, but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the applicable Rent Commencement Date, (ii) subject to any applicable provisions to Date for the contrary in respective Building as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the applicable Rent Commencement Date or the Termination Date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent respective Buildings and the Property at all appropriate times prior to Landlord's delivery of the respective Structural Completion Certificates, subject to the approval of Landlord and/or and its contractors general contractor (which approval shall not be unreasonably withheld or consultants are also delayed) and to all other provisions of this Section 2.2, for the purpose of performing work in the Premises prior preparatory to the construction of Tenant's Work or necessary for the orderly sequencing of such Work and/or for the actual construction of Tenant's Work pursuant to the Workletter, and Tenant shall not be required to pay minimum rental or Operating Expenses by reason of such early access until the applicable Rent Commencement DateDate otherwise occurs; without limiting the generality of the preceding portion of this sentence, Tenant shall be entitled to have early access to the Property and the respective Buildings as soon as their respective roof metal decking is in place to begin hanging electrical, mechanical and plumbing services from the overhead structure, subject to all of the provisions of this Section 2.2. Tenant shall not unreasonably interfere with or delay Landlord’s 's contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s 's work following Landlord's delivery of the Early Access Dateapplicable Structural Completion Certificate, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys' fees, arising out of the Workletter or in connection with Tenant’s 's early entry upon the Premises Property hereunder.

Early Possession. At any time after September 1, 1994 (the "Early Possession Date") and until the Term Commencement Date, Tenant shall have the nonexclusive right be entitled to enter and use the Premises Property as a licensee for the purpose purposes of (x) constructing improvements the "Tenant Improvements" as that term is defined in paragraph 1 of the Premises Work Letter Agreement attached hereto as Exhibit A-l (the "Work Letter"), (y) installing "Tenant's Equipment", as defined in Section 5.1, below, and (z) preparing the Property for the conduct of Tenant's business (collectively, the "Permitted Purposes"), provided that: (i) Tenant's entry on and early possession of the Property in no way interferes any other work of construction or other work on any part of the Property to be undertaken by Landlord, if any; (ii) Tenant delivers to Landlord before entering on the Property evidence of insurance coverage required under this Lease; (iii) Tenant at all times during Tenant's early possession keeps the Property free of all mechanic's, materialmen's and design professionals" liens and otherwise complies with the provisions of Section 7 of this Lease; (iv) Tenant's early possession hereunder shall be subject to and governed by all the terms and conditions of Article 7 below and this Lease, excluding only the payment of Basic Monthly Rent as described in Item 5 of the Workletter as defined below), installing fixtures Fundamental Lease Provisions; and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of v) Tenant otherwise complies with the terms and conditions of this Lease attached Exhibit B. Tenant's entering the Property is subject to prior compliance, at Tenant's sole expense, with all statutes, ordinances, regulations and policies and interpretations thereof applicable to the Property (includingcollectively, but not limited to, conditions "Applicable Laws") and relating to maintenance of required insurance by Tenant), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary 's possession thereof; in Section 6.1 hereof and/or in the Workletterthis connection, Tenant shall have no obligation the sole responsibility at its cost to pay the cost obtain a certificate of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early access, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) other permit to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) of the Workletter occupy if legally required in connection with Tenant’s early entry upon 's taking possession of the Premises hereunderProperty. In the event the Early Possession Date is delayed as of the result of a Landlord Delay, the Term Commencement Date shall be extended one (1) day for every day of Landlord Delay. The term "Landlord Delay" shall mean any delay the Early Possession Date which is caused by any act or omission of Landlord (wrongful, negligent or otherwise). No Landlord Delay shall be deemed to have occurred unless and until Tenant has given written notice to Landlord specifying the action or inaction which Tenant contends constitutes a Landlord Delay. If such action or inaction is not cured within one (l) business day after Landlord's receipt of such notice, then a Landlord Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Landlord received such notice and continuing for the number of days the Early Possession Date was in fact delayed as a direct result of such action or inaction.

Early Possession. Should Landlord, in its sole and absolute discretion, tender possession of the Premises to Tenant in the condition required pursuant to Paragraph 4.5 hereof prior to the Scheduled Commencement Date for the operation of Tenant's business therein, such occupancy shall have be subject to all of the nonexclusive right provisions of this Lease. If Tenant or its contractor, employees, agents, or other licensees or invitees should otherwise enter, use, or occupy the premises, prior to enter commencement of the Original Term for the purpose of planning, performing tenant improvements, or otherwise preparing the Premises for Tenant's occupancy thereof, such entering, occupancy and use shall be subject to all of the provisions of this Lease except for the obligation to pay Rent. Notwithstanding anything to the contrary in this Paragraph (but subject to the preceding sentence) Landlord hereby agrees to permit Tenant access to the Premises for the purpose of constructing improvements in the Premises installing Tenant's data and phone lines no later than sixty (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant), except that (i60) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period days prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, and shall provide Tenant shall have no obligation to pay the cost of utilities supplied other access to the Premises for any period prior to the Rent Commencement Date, and (iii) such early possession shall purpose of Tenant performing minor improvements therein so long as Tenant's access does not advance or otherwise affect materially interfere with the Rent Commencement Date or Termination Date determined under Section 2.1completion of the Landlord Improvements. To the greatest extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Datepermitted by law, Tenant shall not unreasonably interfere with or delay Landlord’s contractors or consultants by any early accessindemnify, occupancy or possession under this Section 2.2, shall coordinate defend and cooperate with hold harmless Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s work following the Early Access Dateagents, employees, and shall indemnify Landlord and its agents and employees servants with regard to the extent provided such early occupancy, except for Landlord's negligence or willful misconduct or as otherwise set forth in Section 10.6(a) below and in Paragraph 5(c) of the Workletter in connection with Tenant’s early entry upon the Premises hereunderthis Lease.

Early Possession. Tenant shall have the nonexclusive right to enter occupy ---------------- and use take possession of the Premises Phase I Site from and after the date of Landlord's delivery of the Structural Completion Certificate described in clause (i) of Section 2.1, even though such date is prior to the Commencement Date determined under Section 2.1 and even though Landlord will be continuing to construct the balance of Landlord's Work as contemplated in Exhibit C, for the purpose of --------- constructing improvements Tenant's Work as contemplated in the Premises (subject to all the terms and conditions of Article 7 below and of the Workletter as defined below), installing fixtures and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory to the commencement of Tenant’s business in the Premises, beginning on the Lease Commencement Date (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Exhibit C. Such occupancy and possession --------- possession, and any early access under the next sentence of this Section 2.2, shall be subject to and upon all of the terms and conditions of this Lease and of the Workletter attached hereto as Exhibit C (including, --------- but not limited to, conditions relating to the maintenance of required insurance by Tenantinsurance), except that (i) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period prior to the Rent Commencement Date, (ii) subject to any applicable provisions to the contrary in Date as determined under Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost of utilities supplied to the Premises for any period prior to the Rent Commencement Date, and (iii) 2.1; such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date termination date determined under Section 2.1. To Tenant shall also be entitled to have early access to the extent Landlord and/or its contractors or consultants are also performing work in the Premises Phase I Site at all appropriate times prior to Landlord's delivery of the Rent Commencement DateStructural Completion Certificate, subject to the approval of Landlord and its contractor (which approval shall not be unreasonably withheld or delayed), solely for the purpose of installing fixtures and equipment and other similar work preparatory to the construction of Tenant's Work and the commencement of Tenant's business on the Property, and Tenant shall not unreasonably be required to pay minimum rental or Operating Expenses by reason of such early access until the Commencement Date otherwise occurs. Tenant shall not interfere with or delay Landlord’s 's contractors or consultants by any such early access, occupancy or possession under this Section 2.22.2 prior to Landlord's delivery of the Structural Completion Certificate, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect to the other party’s 's work following Landlord's delivery of the Early Access DateStructural Completion Certificate, and shall indemnify indemnify, defend and hold harmless Landlord and its agents and employees to the extent provided in Section 10.6(afrom and against any and all claims, demands, liabilities, actions, losses, costs and expenses, including (but not limited to) below and in Paragraph 5(c) reasonable attorneys' fees, arising out of the Workletter or in connection with Tenant’s 's early entry upon the Premises Phase I Site hereunder.

Early Possession. Tenant shall have be allowed access to the nonexclusive right Building thirty (30) days prior to enter the Commencement Date of the Lease (which occurs on a date determined by operation of Section (4.1) and use the Premises payment of Rent for the purpose of constructing improvements in the Premises (subject to all the terms manufacturing process fit-up and conditions of Article 7 below and testing. In conjunction with preparation of the Workletter as defined below)Working Drawings specified in Section 2.2 of Exhibit "C", installing fixtures Landlord and furniture, laboratory equipment, computer equipment, telephone equipment, low-voltage data wiring and personal property and performing other similar work preparatory Tenant shall develop a detailed construction schedule that reasonable identifies the phases in which the Tenant Improvements are to be constructed ("TI Schedule") with the commencement intent that Tenant's light manufacturing space be built out early during construction of Tenant’s business in the Tenant Improvements for the purpose of enabling Tenant to smoothly transition its existing operations into the Premises, beginning on . Landlord agrees to use reasonable best efforts to cause its contract to construct the Lease Commencement Date Tenant Improvements in substantial conformance with the TI Schedule with the intention of delivering the first phase(s) to Tenant approximately thirty (which date is also sometimes interchangeably referred to herein, for purposes of such early access, as the “Early Access Date”). Such occupancy and possession shall be subject to and upon all of the terms and conditions of this Lease (including, but not limited to, conditions relating to maintenance of required insurance by Tenant), except that (i30) Tenant shall have no obligation to pay minimum rental or Operating Expenses for any period days prior to the Rent Commencement Datedate the Premises are expected to be Ready for Occupancy in order to permit Tenant to conduct fit-up and testing, (ii) subject to any applicable provisions to the contrary in Section 6.1 hereof and/or in the Workletter, Tenant shall have no obligation to pay the cost Tenant's coordination of utilities supplied to the Premises for any period prior to the Rent Commencement Datesuch efforts with Landlord and its contractor, and (iii) such early possession shall not advance or otherwise affect the Rent Commencement Date or Termination Date determined under Section 2.1. To the extent Landlord and/or its contractors or consultants are also performing work in the Premises prior to the Rent Commencement Date, Tenant shall provided that Tenant's activities during fit-up and testing do not unreasonably interfere with Landlord's completion of the Tenant Improvements. If Tenant avails itself of such early access for fi-up and testing. Tenant agrees to observe and perform all the provisions of this Lease, except those requiring payment of Rent. If Landlord believes it will be unable to deliver the Premises to Tenant by the Scheduled Commencement Date, it shall give Tenant thirty (30) days' prior written notice of the date Landlord reasonable anticipates the Premises will be Ready for Occupancy. If, prior to commencement of the Lease Term, Tenant uses or delay occupies the Premises or any part thereof with Landlord’s contractors or consultants by any early access's prior written consent, occupancy or possession under this Section 2.2, shall coordinate and cooperate with Landlord and its contractors and consultants (who shall similarly coordinate and cooperate with Tenant and its contractors) to minimize any interference or delay by either party with respect for the purpose of completing alterations to the other party’s work following Premises, Tenant agrees to observe and p[reform all the Early Access Date, and shall indemnify Landlord and its agents and employees to the extent provided in Section 10.6(a) below and in Paragraph 5(c) provisions of the Workletter in connection with Tenant’s early entry upon the Premises hereunder.this Lease,