Common use of Tenant’s Access Clause in Contracts

Tenant’s Access. From and after the Early Occupancy Date, provided that (i) the Premises is vacant and prepared for occupancy as determined in Landlord's sole discretion, and (ii) Tenant has satisfied the Early Access Conditions (as hereinafter defined), Landlord shall provide Tenant with access to the Premises for purposes of performing space preparation and the Tenant Improvements. The performance of space preparation and Tenant Improvements pursuant to this Section 3.2 shall be subject to the conditions that all of Tenant and any Tenant Parties shall work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Landlord's Work. If at any time such entry or occupancy shall cause or create an imminent likelihood of such disharmony or interference, Landlord, in Landlord's reasonable discretion, shall have the right to suspend such access upon twenty-four (24) hours' written notice to Tenant until such time as Tenant, at Tenant's sole cost, has remedied such disharmony or interference. Tenant shall perform any space preparation and Tenant Improvements in the Premises in accordance with, and subject to the limitations contained in Section 8 applicable to Alterations. Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant's property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant's sole risk. Any early access shall also be subject to (A) Tenant :first providing to Landlord the certificates of insurance required under Section 14 below, and (8) Tenant's payment to Landlord of any amounts (e.g., the Security Deposit required under Section 5.3) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) - (B) are collectively referred to herein as the "Early Access Conditions"). Tenant agrees that any such entry into and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Base Rent and Tenant's Proportionate Share of the Real Estate Taxes, Insurance Costs and Operating Expenses. In the event any accrued Tenant Delays cause Landlord to pay or incur costs or expenses in connection with the design, construction and Substantial Completion of the Landlord's Work in excess of the costs or expenses that would otherwise have been paid or incurred by Landlord, Tenant shall pay any such reasonable out-of-pocket excess costs and expenses to Landlord, as Additional Rent, within ten (10) days after Landlord submits invoices for any such excess costs or expenses. -7-llS2810.vI4

Tenant’s Access. From and after the Early Occupancy Commencement Date, provided that (i) the Premises is vacant and prepared for occupancy as determined in Landlord's sole discretion, and (ii) Tenant has satisfied the Early Access Conditions (as hereinafter defined), Landlord shall provide Tenant with access to the Phase I Premises for purposes of performing space preparation Tenant Work. Notwithstanding the foregoing, Tenant shall not be entitled to use and occupy the Phase I Premises until the Substantial Completion of the Phase I Improvements other than for the performance of the Tenant Work. Landlord shall provide early access to the Phase II Premises for the benefit of Tenant prior to the Substantial Completion of the Phase II Improvements (the “Phase II Early Occupancy”) for the limited purpose of performing the Tenant Work as soon as reasonably practicable, but in all events Tenant shall be provided with the Phase II Early Occupancy at least forty-five (45) days prior to the Phase I Rent Commencement Date. However, if Landlord is unable to provide such forty-five (45) day Phase II Early Occupancy as a result of Tenant Delays, such failure shall be excused (and the Tenant Improvements. The performance of space preparation and Tenant Improvements pursuant to this Section 3.2 shall be subject required forty-five (45) day period reduced) to the conditions that all extent only of the portion of the delay or inability resulting from the Tenant and any Tenant Parties shall work in harmony and not interfere with Landlord and its agents and contractors in doing its work in, to, or on the Landlord's Work. If at any time such entry or occupancy shall cause or create an imminent likelihood of such disharmony or interference, Landlord, in Landlord's reasonable discretion, shall have the right to suspend such access upon twenty-four (24) hours' written notice to Tenant until such time as Tenant, at Tenant's sole cost, has remedied such disharmony or interferenceDelays. Tenant shall perform any space preparation and Tenant Improvements Work in the Phase I Premises and the Phase II Premises in accordance with, and subject to the limitations contained in this Section 8 applicable to Alterations3.3. For purposes of this Lease, the term “Schedule” shall mean a detailed description of the timing and coordination of Landlord’s construction of the Improvements and Tenant’s performance of the Tenant Work which will be prepared as part of the Plans and Specifications. Landlord and Tenant shall reasonably cooperate in creating a procedure for such consultation and cooperation in reviewing and revising the Schedule. Tenant further agrees shall give to Landlord not less than five (5) days prior written notice of its request to have such access to the Premises (except that Landlord Tenant shall not be liable in any way for any injury or death obligated to any person or persons, loss or damage to any of Tenant's property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant's sole risk. Any early access shall also be subject to (A) Tenant :first providing to Landlord the certificates of insurance required under Section 14 below, and (8) Tenant's payment to notify Landlord of any amounts (e.g., access for Tenant Work contemplated by the Security Deposit required under Section 5.3) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) - (B) are collectively referred to herein as the "Early Access Conditions"Schedule). Prior to commencing any Tenant agrees that any such entry into Work, Tenant shall provide Landlord with: (i) copies of all plans and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as specifications pertaining to the covenant Tenant Work for which such access is being requested to pay Base Rent the extent not previously delivered; (ii) copies of all licenses and Tenant's Proportionate Share of the Real Estate Taxes, Insurance Costs and Operating Expenses. In the event any accrued Tenant Delays cause Landlord to pay or incur costs or expenses permits required in connection with the design, construction and Substantial Completion performance of the Landlord's Work work for which such access is being requested to the extent not previously delivered; and (iii) certificates of insurance naming Landlord as additional insured/loss payee as applicable in excess of the costs or expenses that would otherwise have been paid or incurred by Landlord, Tenant shall pay any such reasonable out-of-pocket excess costs and expenses form acceptable to Landlord, as Additional Rent, within ten (10) days after Landlord submits invoices for any such excess costs or expenses. -7-llS2810.vI4Regarding item

Tenant’s Access. From Landlord grants to Tenant and after the Early Occupancy Date, provided that (i) Tenant’s agents a license to enter the Premises is vacant and prepared for occupancy as determined in Landlord's sole discretion, and (ii) Tenant has satisfied the Early Access Conditions (as hereinafter defined), Landlord shall provide Tenant with access prior to the date that the Work is substantially completed so that Tenant may perform other work required by Tenant to make the Premises ready for purposes Tenant’s initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days’ prior written notice of performing space preparation its intention to enter the Premises and that such access will not unreasonably interfere with the Tenant Improvements. The performance of space preparation and Tenant Improvements pursuant to this Section 3.2 the Work. Such early access shall be subject to the conditions that all of Tenant scheduling by Landlord. Tenant’s agents, contractors, workmen, mechanics, and any Tenant Parties suppliers shall work in harmony and not unreasonably interfere with Landlord and its Landlord’s agents in the performance of the Work in the Premises, Landlord’s work in other premises and contractors in doing its work in, tothe Common Areas, or on the Landlord's Workgeneral operation of the Building or the Property. If at any time such entry or occupancy shall cause or create an imminent likelihood of such threaten to cause disharmony or interference, Landlordincluding labor disharmony, in Landlord's reasonable discretion, shall have the right to suspend Landlord may withdraw such access license upon twenty-four (24) hours' written notice to Tenant until such time as Tenant, at Tenant's sole cost, has remedied such disharmony or interference. Tenant shall perform any space preparation and Tenant Improvements in the Premises in accordance with, and subject to the limitations contained in Section 8 applicable to Alterations. Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant's property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant's sole risk. Any early access shall also be subject to (A) Tenant :first providing to Landlord the certificates of insurance required under Section 14 below, and (8) Tenant's payment to Landlord of any amounts (e.g., the Security Deposit required under Section 5.3) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) - (B) are collectively referred to herein as the "Early Access Conditions"). Tenant agrees that any such entry into and occupancy of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to excluding only the covenant to pay Base Rent Rent. Landlord shall not be liable for any injury, loss, or damage which may occur to any of Tenant’s work or installations made in the Demised Premises or to property placed therein prior to the Commencement Date and Tenant's Proportionate Share Tenant shall bear the risk of all such injury, loss or damage. Tenant shall pay for any damage to the Premises or Building, or to any portion of the Real Estate TaxesWork caused by Tenant or any of Tenant’s employees, Insurance Costs and Operating Expensesagents, contractors, workmen or suppliers. In the event the performance of any accrued Tenant Delays cause work by Tenant, its agents, employees or contractors results in Landlord to pay incurring out-of-pocket costs (including without limitation costs for the use or incur costs movement of labor or expenses in connection with the design, construction and Substantial Completion of the Landlord's Work material) in excess of the customary out-of-pocket costs or expenses that would otherwise have been paid or incurred by Landlord therefor under normal operation and Tenant “move-in” procedures established for the Property by Landlord, Tenant shall pay any such reasonable out-of-pocket excess costs and expenses to Landlord, as Additional Rent, within ten (10) days after reimburse Landlord submits invoices for any such excess costs or expenses. -7-llS2810.vI4costs.

Tenant’s Access. From Landlord shall permit Tenant and after Tenant's agents or independent contractors to enter the Early Occupancy Premises prior to the Commencement Date, provided in order that Tenant may perform the Fixture Work, subject to the terms and conditions of this Section 8.6. Tenant shall give Landlord not less than five (i5) days prior written notice requesting access to the Premises Premises, which notice shall contain and/or shall be accompanied by: (a) a description of the work to be performed by those persons and entities for whom and which such access is vacant being required; the names, itemized by trade, of who will be present in the Premises; (b) upon the reasonable request of Landlord, copies of all contracts pertaining to the performance of the work for which such early access is being requested; (c) copies of all plans and prepared specifications pertaining to the work for occupancy which such access is being requested; (d) upon the request of Landlord, copies of all licenses and permits required in connection with the performance of the work for which such access is being requested; and (e) certificates of insurance naming Landlord and Contractor as determined additional insured/loss payees as applicable in form reasonably acceptable to Landlord. All of the foregoing shall be subject to Landlord's written approval, which approval may be withheld in Landlord's sole reasonable discretion, and (ii) Tenant has satisfied the Early Access Conditions (as hereinafter defined), Landlord shall provide Tenant with access to . Entry onto the Premises for purposes on account of performing space preparation and the Tenant Improvements. The performance of space preparation and Tenant such Improvements pursuant to this Section 3.2 shall be subject to the conditions condition that all of (i) Tenant and any Tenant Parties Tenant's agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall work in reasonable harmony and not unreasonably interfere with Landlord Landlord, Contractor and its their respective agents and contractors in doing its work in, to, or on the LandlordPremises; (ii) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease, and shall cause the Contractor to be designated as an Additional Insured; (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant's Workearly access to the Premises; and (iv) the entry under this Section 8.6 of Tenant and Tenant's agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics and suppliers shall not interfere with or delay Substantial Completion of the Improvements or issuance of the certificate of occupancy. If at any time such entry or occupancy shall cause or create an imminent likelihood of threaten to cause such disharmony or interference, Landlord, in Landlord's reasonable discretion, shall have the right to suspend such access upon twenty-four withdraw and cancel (24) hours' written notice to Tenant until such time as Tenant, at Tenant's sole cost, has remedied the extent reasonably necessary to eliminate such disharmony or interference. Tenant shall perform any space preparation and Tenant Improvements in the Premises in accordance with, and subject ) such license upon 24 hours' prior written notice to the limitations contained in Section 8 applicable to Alterations. Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant's property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant's sole risk. Any early access shall also be subject to (A) Tenant :first providing to Landlord the certificates of insurance required under Section 14 below, and (8) Tenant's payment to Landlord of any amounts (e.g., the Security Deposit required under Section 5.3) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) - (B) are collectively referred to herein as the "Early Access Conditions"). Tenant agrees that any such entry into and occupancy of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Base Rent Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant's Proportionate Share work and installations made in the Premises or loss or damage to property placed therein prior to the Commencement Date, the same being at Tenant's sole risk, unless such occurrence is due to Landlord's or Landlord's agents' gross negligence or willful misconduct. Tenant agrees to indemnify, defend and hold harmless Landlord from and against all actions, claims, demands, costs, damages, penalties or expenses of any kind (including, without limitation, attorneys' reasonable fees), which may be brought or made against Landlord, or which Landlord may pay or incur, by reason of the Real Estate Taxes, Insurance Costs and Operating Expenses. In Tenant's early access to the event any accrued Tenant Delays cause Landlord Premises pursuant to pay or incur costs or expenses in connection with the design, construction and Substantial Completion of the Landlord's Work in excess of the costs or expenses that would otherwise have been paid or incurred by Landlord, Tenant shall pay any such reasonable out-of-pocket excess costs and expenses to Landlord, as Additional Rent, within ten (10) days after Landlord submits invoices for any such excess costs or expenses. -7-llS2810.vI4this Section 8.6.

Tenant’s Access. From Landlord grants to Tenant and after the Early Occupancy Date, provided that (i) Tenant's agents a license to enter the Premises is vacant and prepared for occupancy as determined in Landlord's sole discretion, and (ii) Tenant has satisfied the Early Access Conditions (as hereinafter defined), Landlord shall provide Tenant with access prior to the date that the Work is substantially completed so that Tenant may perform other work required by Tenant to make the Premises ready for purposes Tenant's initial use and occupancy. It shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five (5) days' prior written notice of performing space preparation its intention to enter the Premises and that such access will not interfere with the Tenant Improvements. The performance of space preparation and Tenant Improvements pursuant to this Section 3.2 the Work. Such early access shall be subject to the conditions that all of Tenant scheduling by Landlord. Tenant's agents, contractors, workmen, mechanics, and any Tenant Parties suppliers shall work in harmony and not interfere with Landlord and its Landlord's agents in the performance of the Work in the Premises, Landlord's work in other premises and contractors in doing its work in, tothe Common Areas, or on the Landlord's Workgeneral operation of the Building or the Property. If at any time such entry or occupancy shall cause or create an imminent likelihood of such threaten to cause disharmony or interference, Landlordincluding labor disharmony, in Landlord's reasonable discretion, shall have the right to suspend Landlord may withdraw such access license upon twenty-four (24) hours' written notice to Tenant until such time as Tenant, at Tenant's sole cost, has remedied such disharmony or interference. Tenant shall perform any space preparation and Tenant Improvements in the Premises in accordance with, and subject to the limitations contained in Section 8 applicable to Alterations. Tenant further agrees that Landlord shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant's property on the Premises or loss or damage to property placed thereon prior to the Commencement Date, the same being at Tenant's sole risk. Any early access shall also be subject to (A) Tenant :first providing to Landlord the certificates of insurance required under Section 14 below, and (8) Tenant's payment to Landlord of any amounts (e.g., the Security Deposit required under Section 5.3) required to be paid by Tenant to Landlord simultaneously with the execution and delivery of this Lease (the conditions described in clauses (A) - (B) are collectively referred to herein as the "Early Access Conditions"). Tenant agrees that any such entry into and occupancy of the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to excluding only the covenant to pay Base Rent and Rent. Landlord shall not be liable for any injury, loss, or damage which may occur to any of Tenant's Proportionate Share work or installations made in the Demised Premises or to property placed therein prior to the Commencement Date and Tenant shall bear the risk of all such injury, loss or damage. Tenant shall pay for any damage to the Premises or Building, or to any portion of the Real Estate TaxesWork caused by Tenant or any of Tenant's employees, Insurance Costs and Operating Expensesagents, contractors, workmen or suppliers. In the event the performance of any accrued Tenant Delays cause work by Tenant, its agents, employees or contractors results in Landlord to pay incurring costs (including without limitation costs for the use or incur costs movement of labor or expenses in connection with the design, construction and Substantial Completion of the Landlord's Work material) in excess of the customary costs or expenses that would otherwise have been paid or incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall pay any such reasonable out-of-pocket excess costs and expenses to Landlord, as Additional Rent, within ten (10) days after reimburse Landlord submits invoices for any such excess costs or expenses. -7-llS2810.vI4costs.