Common use of Schedule and Early Occupancy Clause in Contracts

Schedule and Early Occupancy. Landlord and Tenant agree to use the procedure and abide by the terms and conditions set forth in Paragraph 2 of Exhibit B in connection with the preparation of a Schedule for the construction of any Additional Space and for any early occupancy. Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s phone and data wiring and any other trade related fixtures that will need to be installed in the Additional Space prior to Substantial Completion of the Expansion Improvements. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Additional Space for a period of thirty (30) days prior to the scheduled date for Substantial Completion in order to install fixtures (such as racking) and otherwise prepare the Additional Space for occupancy, which right shall expressly exclude making any structural modifications. During any entry prior to Substantial Completion of the Expansion Improvements (i) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay Minimum Annual Rent or Annual Rental Adjustment with respect to the Additional Space, (ii) Tenant shall not interfere with Landlord’s completion of the Expansion Improvements, (iii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s rules of conduct (which Landlord agrees to furnish to Tenant upon request), and

Schedule and Early Occupancy. Landlord and shall provide Tenant agree to use the procedure and abide by the terms and conditions set forth in Paragraph 2 of Exhibit B in connection with the preparation of a Schedule proposed schedule for the construction and installation of the Tenant Improvements and shall notify Tenant of any Additional Space material changes to said schedule. The schedule will include delivery dates or space plan, construction documents, deadlines for shell modifications for inclusion in shell construction packages, durations and dates for any early occupancyoverhead cabling, equipment and furniture installation. Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s 's phone and data wiring and any other trade related fixtures that will need to be installed in the Additional Space Leased Premises prior to Substantial Completion of the Expansion ImprovementsCompletion. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Additional Space Leased Premises for a period of thirty (30) days prior to the scheduled date for Substantial Completion (as may be modified from time to time) in order to install fixtures (such as racking) fixtures, furniture and equipment and otherwise prepare the Additional Space Leased Premises for occupancy, which right shall expressly exclude making any structural modifications. During any entry prior to Substantial Completion of the Expansion Improvements Commencement Date (ia) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay Minimum Annual Rent or Annual Rental Adjustment with respect to the Additional Spacerent, (iib) Tenant shall not interfere with Landlord’s 's completion of the Expansion Tenant Improvements, (iiic) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s 's rules of conduct (which Landlord agrees to furnish to Tenant upon request), andand (d) Tenant shall not begin operation of its business. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant.

Schedule and Early Occupancy. Landlord and shall provide Tenant agree to use the procedure and abide by the terms and conditions set forth in Paragraph 2 of Exhibit B in connection with the preparation of a Schedule proposed schedule for the construction and installation of the Tenant Improvements (including the work to the Original Premises) and shall notify Tenant of any material changes to said schedule; provided, however, that the Tenant Improvements shall be completed in three (3) separate stages pursuant to the schedule delivered to Tenant. The first such stage, being the Tenant Improvements relating to the Additional Space, shall be Substantially Completed on or before the date which is two (2) months after the date the Construction Drawings are completed in accordance with Section 2 of this Exhibit B and all necessary building permits have been received (the "Additional Space Target Commencement Date"). The second such stage shall be Substantially Completed within sixty (60) days after work on the second stage commences and the third such stage shall be Substantially Completed within sixty (60) days after work on the third stage commences. Landlord shall commence, and Tenant agrees to permit Landlord to enter the Leased Premises to perform, work (i) on the second stage of the Tenant Improvements not later than ten (10) days after the Additional Space Target Commencement Date and (ii) on the third stage not later than ten (10) days after the Substantial Completion of the second stage of the Tenant Improvements. Landlord acknowledges that it shall be responsible for any early occupancyacquiring all licenses, permits, and certificates of occupancy necessary for the construction and installation of the Tenant Improvements (including the work to the Original Premises) and shall make a diligent effort to obtain all such permits as timely as practicable. Except for punchlist type items and subject to Tenant Delays, if Landlord fails to deliver the Additional Space by the Additional Space Target Commencement Date, that portion of the Monthly Rental Installments as relates to the Additional Space shall xxxxx at the rate of one (1) day for every one (1) day of such delay in delivering possession of the Additional Space. Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s 's phone and data wiring and any other trade related fixtures that will need to be installed in the Additional Space prior to Substantial Completion of the Expansion ImprovementsTenant Improvements to the Additional Space. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Additional Space for a period of thirty fifteen (3015) days prior to the scheduled date for Substantial Completion of the Tenant Improvements in the Additional Space in order to install fixtures (such as racking) and otherwise prepare the Additional Space for occupancy, which right shall expressly exclude making any structural modifications. During any entry to the Additional Space prior to Substantial Completion of the Expansion Improvements Additional Space Commencement Date (ia) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay Minimum Annual Rent or Annual Rental Adjustment with respect to the Additional SpaceLease, (iib) Tenant shall not interfere with Landlord’s 's completion of the Expansion ImprovementsTenant Improvements in the Additional Space, (iiic) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s 's rules of conduct (which Landlord agrees to furnish to Tenant upon request), andand (d) Tenant shall not begin operation of its business in the Additional Space. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant. Except for punchlist-type items and subject to Tenant Delays, if Landlord fails to complete the construction and installation of the renovations to the Original Improvements by the time set forth in this Exhibit B, Section 3, Monthly Rental Installments shall xxxxx by an amount equal to the pro-rata rental of the square footage of the Leased Premises under construction and which cannot be occupied by Tenant for its business operations due to such construction.

Schedule and Early Occupancy. Landlord and Tenant agree to use the procedure and abide by the terms and conditions set forth in Paragraph 2 of Exhibit B in connection with the preparation of a Schedule The schedule for the construction and installation of the Original Premises Tenant Improvements (as set forth on Exhibit B-1a) and Additional Space Tenant Improvements (as set forth on Exhibit B-1b) (collectively, the “Schedule”) is attached hereto as Exhibit B-1a and Exhibit B-1b, respectively. Landlord shall notify Tenant of any Additional Space and for any early occupancymaterial changes to the Schedule. Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s phone and data wiring and any other trade related fixtures that will need to be installed in the Additional Space Leased Premises prior to Substantial Completion of the Expansion ImprovementsCompletion. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Additional Space for a period of thirty (30) days Leased Premises prior to the scheduled date for Substantial Completion (as may be modified from time to time) in order to install fixtures (such as racking) and otherwise prepare the Additional Space Leased Premises for occupancy, which right shall expressly exclude making any structural modifications. During any entry prior to Substantial Completion of the Expansion Improvements applicable Commencement Date (ia) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay Minimum Annual Rent or Annual Rental Adjustment with respect to the Additional Spacerent, (iib) Tenant shall not interfere with Landlord’s completion of the Expansion Original Premises Tenant Improvements or Additional Space Tenant Improvements, (iiic) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s rules of conduct (which Landlord agrees to furnish to Tenant upon request), andand (d) Tenant shall not begin operation of its business. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant.

Schedule and Early Occupancy. Within ten (10) days following Tenant's approval of the Cost Statement, Landlord and shall provide Tenant agree to use the procedure and abide by the terms and conditions set forth in Paragraph 2 of Exhibit B in connection with the preparation of a Schedule proposed schedule for the construction and installation of the Tenant Improvements and shall notify Tenant of any Additional Space and material changes to said schedule. If, according to the proposed schedule, the date for Substantial Completion is later than the Target Commencement Date, Tenant's acceptance of such schedule shall not be deemed a waiver of any early occupancyof Tenant's rights under Sections 5(b) or 5(c) of this EXHIBIT B. Landlord agrees to use commercially reasonable efforts, at no additional cost to Landlord, to mitigate any delay in the schedule. Tenant agrees to coordinate with Landlord and Landlord agrees to cooperate with Tenant and Tenant's contractor regarding the installation of Tenant’s 's phone and data wiring wiring, furniture installation and any other trade related fixtures that will need to be installed in the Additional Space Leased Premises prior to Substantial Completion of the Expansion ImprovementsCompletion. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Additional Space Leased Premises for a period of thirty (30) days prior to the scheduled date for Substantial Completion (as may be modified from time to time) in order to install wiring and fixtures (such as racking) and otherwise prepare the Additional Space Leased Premises for occupancy, which right shall expressly exclude making any structural modifications. Landlord shall coordinate entries by Tenant's contractors in order to permit cabling and wiring to be installed while walls and floors are open. During any entry prior to Substantial Completion of the Expansion Improvements Commencement Date (ia) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay Minimum Annual Rent or Annual Rental Adjustment with respect to the Additional Spacerent, (iib) Tenant shall not interfere with Landlord’s 's completion of the Expansion Tenant Improvements, (iiic) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s 's rules of conduct (which Landlord agrees has heretofore furnished to furnish to Tenant upon requestTenant), andand (d) Tenant shall not begin operation of its business. Tenant acknowledges that with respect to any finish work undertaken by Tenant's contractors, Tenant shall be responsible for obtaining all applicable permits and inspections.

Schedule and Early Occupancy. Landlord and shall provide Tenant agree to use the procedure and abide by the terms and conditions set forth in Paragraph 2 of Exhibit B in connection with the preparation of a Schedule proposed schedule for the construction and installation of the Tenant Improvements and shall notify Tenant of any Additional Space and for any early occupancymaterial changes to said schedule. Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s 's phone and data wiring and any other trade related fixtures that will need to be installed in the Additional Space Leased Premises prior to Substantial Completion substantial completion of the Expansion Tenant Improvements. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Additional Space for a period of thirty (30) days Leased Premises prior to the scheduled date for Substantial Completion substantial completion (as may be modified from time to time) in order to install fixtures (such as racking) and otherwise prepare the Additional Space Leased Premises for occupancy, which right shall expressly exclude making any structural modifications. During any entry prior to Substantial Completion substantial completion of the Expansion Improvements Tenant Improvements, (ia) Tenant shall comply with all terms and conditions of this Lease (other than the obligation to pay Minimum Annual Rent or Annual Rental Adjustment with respect to the Additional Spacerent for Suite 507 which shall commence on May 1, 2005), (iib) Tenant shall not interfere with Landlord’s 's completion of the Expansion Tenant Improvements, (iiic) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s 's rules of conduct (which Landlord agrees to furnish to Tenant upon request), andand (d) Tenant shall not begin operation of its business. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant.

Schedule and Early Occupancy. Landlord shall provide Tenant with a proposed schedule for the construction and installation of the Expansion Improvements. Landlord and Tenant shall cooperate reasonably with each other with respect to the schedule and shall notify each other of any material changes thereto. Tenant and Landlord agree to use the procedure and abide by the terms and conditions set forth in Paragraph 2 of Exhibit B in connection with the preparation of a Schedule for the construction of any Additional Space and for any early occupancy. cooperate reasonably to allow Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s install phone and data wiring and wiring, any other trade related fixtures that will need to be installed installed, or to perform any other work to be performed directly by Tenant in the Additional Expansion Space prior to Substantial Completion of the Expansion ImprovementsCompletion. In addition, if If and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Additional Expansion Space for a period upon exercise of thirty (30) days prior to the scheduled date for Substantial Completion Expansion Option in order to install fixtures (such as racking) and otherwise prepare the Additional Expansion Space for occupancy, which right shall expressly exclude making any structural modifications. During any entry prior to Substantial Completion of the Expansion Improvements Date (ia) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay Minimum Annual Rent or Annual Rental Adjustment rent with respect to the Additional Expansion Space, (iib) Tenant shall not unreasonably interfere with Landlord’s 's completion of the Expansion Improvements, (iiic) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s 's rules of conduct (which Landlord agrees to furnish to Tenant upon requestheretofore delivered), andand (d) Tenant shall not begin operation of its business within the Expansion Space prior to the Expansion Date. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant. Landlord shall use commercially reasonable good faith, diligent efforts to Substantially Complete the Expansion Improvements on or before October 1, 2012 (or such later date as the parties have agreed). Notwithstanding the foregoing, while constructing and installing the Expansion Improvements to the extent after Substantial Completion, Landlord shall use reasonable efforts not to interfere with Tenant's business operations at the Expansion Space.