Common use of Tenant’s Access Clause in Contracts

Tenant’s Access. Landlord grants to Tenant and Tenant's agents a license to enter the Premises 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 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 its intention to enter the Premises and that such access will not interfere with the performance of the Work. Such early access shall be subject to scheduling by Landlord. Tenant's agents, contractors, workmen, mechanics, and suppliers shall work in harmony and not interfere with Landlord and Landlord's agents in the performance of the Work in the Premises, Landlord's work in other premises and in the Common Areas, or the general operation of the Building or the Property. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay 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 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 Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event the performance of any work by Tenant, its agents, employees or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costs.

Tenant’s Access. Landlord grants In addition to Landlord’s obligations under Section 3.1, Landlord, in its reasonable discretion, may permit Tenant and Tenant's ’s agents a license or independent contractors to enter the Premises prior to the date that the Work is substantially completed so Target Substantial Completion Dates, in order that Tenant may perform other work required by do the Tenant to make the Premises ready for Tenant's initial use and occupancyImprovements which are specified in Exhibit B-2 hereto. It Tenant 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 requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of its intention the work to enter the Premises be performed by those persons and that entities for whom and which such access is being required; (b) the names and addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will not interfere be present in the Premises; (c) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (d) copies of all plans and specifications pertaining to the work for which such access is being requested; (e) copies of all licenses and permits required in connection with the performance of the Workwork for which such access is being requested; and (f) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work. Such early access All of the foregoing shall be subject to scheduling by Landlord’s written approval, which approval may be withheld in Landlord’s reasonable discretion. If Landlord permits such prior entry, then such license shall be subject to the condition that (i) Tenant and Tenant's ’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics, mechanics and suppliers shall use commercially reasonable efforts to work in harmony and not interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in doing its work in, to, or on the Premises; (ii) Tenant shall maintain, Landlord's work in other premises full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured with respect to the Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s early access to the Common Areas, or the general operation of the Building or the PropertyPremises. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or interference, including labor disharmonyLandlord, Landlord may in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Any 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, excluding only except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's ’s work or and installations made in the Demised Premises (including, without limitation, any Tenant Improvements) or loss or damage to property placed therein prior to the Commencement Date and Tenant shall bear Target Substantial Completion Date, the risk of all same being at Tenant’s sole risk, unless such injuryoccurrence is due to Landlord’s, loss General Contractor’s or damageAgent’s negligence or willful misconduct. Tenant shall hereby indemnifies, defends and holds harmless Landlord from and against all Losses which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay for any damage or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or Building, or due to Tenant Improvements. Notwithstanding any portion of the Work caused by foregoing to the contrary, it is acknowledged and agreed that Tenant or any shall have the right to enter the Premises on the Target Substantial Completion Date for commencement of Tenant Improvements as set forth in Section 3.1 and each day thereafter in accordance with Section 3.1 to complete the Tenant Improvements, provided that (i) Tenant and Tenant's ’s agents, employees, agentsrepresentatives, invitees, contractors, workmen subcontractors, workmen, mechanics and suppliers shall use commercially reasonable efforts to work in harmony with Landlord and its agents and contractors in doing its work in, to, or suppliers. In on the event the performance of any work by Tenant, its agents, employees or contractors results in Landlord incurring costs Premises; and (including without limitation costs for the use or movement of labor or materialii) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsmaintain, in full force and effect, the insurance policy or policies required under the Lease, and shall use commercially reasonable efforts to cause the General Contractor to be designated as an Additional Insured.

Tenant’s Access. From and after the Commencement Date, Landlord grants shall provide access to the Phase I Premises for purposes of performing Tenant Work. Notwithstanding the foregoing, Tenant shall not be entitled to use and Tenant's agents a license 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 enter the Phase II Premises for the benefit of Tenant prior to the date that Substantial Completion of the Phase II Improvements (the “Phase II Early Occupancy”) for the limited purpose of performing the Tenant Work is substantially completed so that as soon as reasonably practicable, but in all events Tenant may perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancy. It shall be a condition precedent provided with the Phase II Early Occupancy at least forty-five (45) days prior to the right Phase I Rent Commencement Date. However, if Landlord is unable to exercise provide such license that forty-five (45) day Phase II Early Occupancy as a result of Tenant Delays, such failure shall be excused (and the required forty-five (45) day period reduced) to the extent only of the portion of the delay or inability resulting from the Tenant Delays. Tenant shall perform any Tenant Work in the Phase I Premises and the Phase II Premises in accordance with, and subject to the limitations contained in this Section 3.3. 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 shall give to Landlord not less than five (5) days' days prior written notice of its intention request to enter have such access to the Premises (except that Tenant shall not be obligated to notify Landlord of any access for Tenant Work contemplated by the Schedule). Prior to commencing any Tenant Work, Tenant shall provide Landlord with: (i) copies of all plans and that specifications pertaining to the Tenant Work for which such access will is being requested to the extent not interfere previously delivered; (ii) copies of all licenses and permits required in connection with the performance of the Work. Such early work for which such access shall be subject is being requested to scheduling by the extent not previously delivered; and (iii) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form acceptable to Landlord. Tenant's agents, contractors, workmen, mechanics, and suppliers shall work in harmony and not interfere with Landlord and Landlord's agents in the performance of the Work in the Premises, Landlord's work in other premises and in the Common Areas, or the general operation of the Building or the Property. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay 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 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 Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event the performance of any work by Tenant, its agents, employees or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costs.Regarding item

Tenant’s Access. Landlord grants to Tenant and Tenant's agents a license to enter the Premises 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 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 its intention to enter the Premises and that such access will not interfere with the performance of the Work. Such early access shall be subject to scheduling by Landlord. Tenant's agentsagent's, contractors, workmen, mechanics, and suppliers shall work in harmony and not interfere with Landlord and Landlord's agents in the performance of the Work in the Premises, Landlord's work in other premises and in the Common Areas, or the general operation of the Building or the Property. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into the Demised Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions conditions, and provisions of the Lease, excluding only the covenant to pay RentRent and specifically including the provisions of Articles l5 and 22 of the Lease. 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 shall bear the risk of all such injury, loss or damage. Tenant shall pay for any damage to the Demised Premises or Building, or to any portion of the Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen workmen, or suppliers. In the event the performance of any work by Tenant, its agents, employees employees, or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costs.

Tenant’s Access. Landlord grants to Tenant From and Tenant's agents a license to enter after the Early Occupancy Date, provided that (i) the Premises prior 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 date that Premises for purposes of performing space preparation and the Work is substantially completed so that Tenant may perform other work required by Tenant to make the Premises ready for Tenant's initial use and occupancyImprovements. 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 its intention to enter the Premises and that such access will not interfere with the The performance of the Work. Such early access space preparation and Tenant Improvements pursuant to this Section 3.2 shall be subject to scheduling by Landlord. Tenant's agents, contractors, workmen, mechanics, the conditions that all of Tenant and suppliers 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 agents in the performance of the Work in the Premises, Landlord's work in other premises and in the Common Areas, or the general operation of the Building or the PropertyWork. If at any time such entry or occupancy shall cause or threaten to cause create an imminent likelihood of such disharmony or interference, including labor disharmonyLandlord, Landlord may withdraw in Landlord's reasonable discretion, shall have the right to suspend such license 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 by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent. Landlord shall not be liable for any injury, loss, or damage which may occur to any of Base Rent and Tenant's 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 Proportionate Share of the Work caused by Tenant or any of Tenant's employeesReal Estate Taxes, agents, contractors, workmen or suppliersInsurance Costs and Operating Expenses. In the event any accrued Tenant Delays cause Landlord to pay or incur costs or expenses in connection with the performance design, construction and Substantial Completion of any work by Tenant, its agents, employees or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) Landlord's Work 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 reimburse 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.costs or expenses. -7-llS2810.vI4

Tenant’s Access. Landlord grants to Tenant and Tenant's ’s agents a license or independent contractors shall be permitted to enter the Premises prior no earlier than the applicable milestone date provided in the Schedule (as revised from time to the date that the Work is substantially completed so time), in order that Tenant may perform other work required by install Tenant’s furniture, fixtures and equipment (the “Tenant Work”); provided, however, that Tenant and its representatives shall at all times have reasonable access to make the project for purposes of monitoring the progress of construction. If Tenant desires early entry to the Premises ready for Tenant's initial use and occupancy. It to perform the Tenant Work, Tenant shall be a condition precedent to the right to exercise such license that Tenant give to Landlord not less than five one (51) days' business day prior written notice requesting access to the Premises, which notice shall contain and/or shall be accompanied by: (a) a description of its intention the work to enter be performed and the Premises names and that addresses of all contractors for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (b) 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 specifications pertaining to the work for which such access will not interfere is being requested; (d) copies of all licenses and permits required in connection with the performance of the Workwork for which such access is being requested; and (e) certificates of insurance naming Landlord as additional insured/loss payee as applicable in form reasonably acceptable to Landlord. Such early access entry in accordance with the Schedule shall be subject to scheduling by Landlord. the condition that (i) Tenant and Tenant's ’s agents, employees, representatives, invitees, contractors, subcontractors, workmen, mechanics, mechanics and suppliers shall work in harmony and not unreasonably interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in doing its work in, to, or on the Premises; and (ii) Tenant shall maintain, Landlord's work in other premises full force and in effect, the Common Areasinsurance policy or policies required under the Lease, or and shall cause the general operation of General Contractor to be designated as an Additional Insured with respect to the Building or the PropertyImprovements. If at any time such entry or occupancy shall cause or threaten to cause such disharmony or unreasonable interference, including labor disharmonyLandlord, Landlord may in Landlord’s reasonable discretion, shall have the right to withdraw and cancel such license upon 24 hours’ prior written notice to Tenant. Any 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, excluding only except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's ’s work or and installations made in the Demised Premises (including, without limitation, any Tenant Work) or loss or damage to property placed therein prior to the Commencement Date and Tenant shall bear Date, the risk of all same being at Tenant’s sole risk, unless such injury, loss occurrence is due to Landlord’s negligence or damagewillful misconduct. Tenant shall hereby indemnifies, defends and holds harmless Landlord and any Landlord Indemnified Parties from and against all losses, liabilities, costs and expenses, including, but not limited to, reasonable attorney’s fees, which may be brought or made against Landlord or a Landlord Indemnified Party, or which Landlord or a Landlord Indemnified Party may pay for any damage or incur, by reason of the Tenant’s early access to the Premises pursuant to this Section 8 or Buildingdue to the Tenant Work, unless resulting from the negligence or to any portion willful misconduct of the Work caused by Tenant Landlord or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event the performance of any work by Tenant, its agents, employees or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsParty.

Tenant’s Access. Landlord grants to Landlord, in its sole discretion, may permit Tenant and Tenant's agents a license or independent contractors to enter the Premises prior to the date that Commencement Date for the Work is substantially completed so that purpose of constructing the Tenant may perform other work required by Tenant to make the Premises ready for 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 its intention to enter the Premises and that such access will not interfere with the performance of the WorkImprovements. Such early access entry shall be subject to scheduling by Landlord. the conditions that (i) Tenant and Tenant's agents, contractors, workmen, mechanics, suppliers and suppliers invitees shall work in harmony and not interfere with Landlord and Landlord's its agents and contractors in the performance of the Work in doing its work in, to, or on the Premises, Landlord; (ii) Tenant and/or Tenant's work General Contractor shall maintain in other premises full force and in effect the Common Areas, insurance policy or policies required under the general operation of Lease; and shall cause the Landlord to be designated an additional insured with respect to the Building or Improvements; and (iii) Tenant shall pay for any utilities required solely by Tenant in connection with the PropertyTenant's early access to the Premises. If at Tenant agrees that any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into and access to the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injuryinjury or death to any person or persons, loss, loss or damage which may occur to any of Tenant's work or and installations made in the Demised Premises or loss or damage to property placed therein prior to the Commencement Date and Tenant shall bear Date, the risk of all same being at Tenant's sole risk, unless such injury, loss occurrence is due to Landlord's or damageLandlord's agents' gross negligence or willful misconduct. Tenant shall agrees to indemnify, defend and hold harmless Landlord from and against all actions, claims, demands, costs, damages (including, without limitation incidental damages and consequential damages), penalties or expenses of any kind (including, without limitation, reasonable attorneys' fees), which may be brought or made against Landlord, or which Landlord may pay for any damage or incur, by reason of the Tenant's early access to the Premises pursuant to this section or Building, or due to any portion of the Work caused by Tenant or any of Tenant's employees, agents, contractors, workmen or suppliers. In the event the performance of any work by Tenant, its agents, employees or contractors results in Landlord incurring costs (including without limitation costs for the use or movement of labor or material) in excess of the customary costs incurred by Landlord therefor under normal operation and Tenant "move-in" procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costsImprovements.

Tenant’s Access. Landlord grants to Tenant and Tenant's ’s agents a license to enter the Premises 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 Tenant's ’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 its intention to enter the Premises and that such access will not unreasonably interfere with the performance of the Work. Such early access shall be subject to scheduling by Landlord. Tenant's ’s agents, contractors, workmen, mechanics, and suppliers shall work in harmony and not unreasonably interfere with Landlord and Landlord's ’s agents in the performance of the Work in the Premises, Landlord's ’s work in other premises and in the Common Areas, or the general operation of the Building or the Property. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Landlord may withdraw such license upon notice to Tenant. Any such entry into the Premises by Tenant shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Rent. Landlord shall not be liable for any injury, loss, or damage which may occur to any of Tenant's ’s 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 Work caused by Tenant or any of Tenant's ’s employees, agents, contractors, workmen or suppliers. In the event the performance of any work by Tenant, its agents, employees or contractors results in Landlord incurring out-of-pocket costs (including without limitation costs for the use or movement of labor or material) in excess of the customary out-of-pocket costs incurred by Landlord therefor under normal operation and Tenant "“move-in" ” procedures established for the Property by Landlord, Tenant shall reimburse Landlord for such excess costs.