Common use of Tenant's Installations Clause in Contracts

Tenant's Installations. Subject to applicable ordinances and building codes governing Tenant's right to occupy or perform in the Premises, and to the provisions of the Lease regarding Tenant-Made Alterations, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraph.

Tenant's Installations. Subject 45.01 Notwithstanding anything hereinbefore contained to applicable ordinances the contrary, provided Tenant complies with all Legal and building codes governing Tenant's right to occupy or perform Insurance Requirements (as defined in Article 6 above), and, provided further, Tenant is not in default (after the Premisesgiving of any required notice and the expiration of any required cure period) under any of the terms, covenants and conditions of this lease, Tenant shall have the right, at its own cost and expense, but subject to the provisions of Article 3 above, to install such new or re-conditioned, first class machinery, equipment and fixtures as may be required or desired by Tenant for the Lease regarding proper conduct of Tenant-Made Alterations, which apply 's business. Subject to the provisions of this Article, any and all movable machinery, equipment and fixtures installed by Tenant (sometimes herein referred to as "Tenant's initial installations before Substantial Completion as well as Property") shall remain personalty notwithstanding the fact that it may be affixed or attached to the realty, and shall, during the term of this lease or any after Substantial Completionextension or renewal thereof, Tenant shall belong to and be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of constructionremovable by Tenant, provided that (i) Tenant does hereby agree shall remove said installations prior to assume all risk the expiration of loss such term or the sooner termination thereof; and (ii) Tenant shall repair any damage caused by said removal and shall deliver the Demised Premises to Landlord in the same condition as upon the commencement of the term hereof, reasonable wear and tear, damage by fire or other casualty and items which are Landlord's expressed obligation under this lease to repair or restore, excepted. Prior to the expiration of the term or sooner termination thereof, Tenant shall, at its machineryown cost and expense, equipment, fixtures, and other personal property, including any loss or damage resulting remove from the negligence Demised Premises all of Tenant's Property, except such items thereof as Tenant shall have expressly agreed in writing with Landlord are to remain and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to become the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else repair any damage to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphdemised premises resulting from such removal.

Tenant's Installations. Subject Upon Tenant’s reasonable advance request therefor, which request may be made verbally to applicable ordinances Landlord’s property management team, Tenant shall be permitted to enter the Premises prior to the Commencement Date from time to time solely for purposes of conducting customary pre-Commencement Date activities, such as taking or preparation of measurements, surveys, elevations, sketches and building codes governing Tenant's layouts; it being understood, however, that (i) Tenant shall not have the right to occupy or perform enter the Premises as aforesaid unless Tenant is accompanied by a designated representative of Landlord at all times during such entry (it being agreed that Landlord shall use commercially reasonable efforts to provide a designated representative to accompany Tenant as contemplated herein), and (ii) during any period in which Tenant is in the Premises, (x) Tenant shall comply with all terms and to the provisions conditions of the Lease regarding Tenant-Made Alterations(and the same shall be deemed to apply during such period), which apply including, without limitation, Article 12 thereof, other than the obligation to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completionpay Fixed Rent and Escalation Rent, (y) Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with the operation of the Building or interfere with or delay Landlord's ’s performance of and completion of constructionLandlord’s Work, provided that and (z) Landlord shall have no liability to Tenant does hereby agree to assume all risk of loss or for any damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from Tenant’s materials left at the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from Premises during the performance of their work obligations for Landlord’s Work. Notwithstanding anything else In addition, on or prior to the contrary provided hereinJuly 1, 2016 (such date, subject to delays caused extension by Force Majeureup to one week due to construction scheduling and subject to further extension on a day-for-day basis by Tenant Delay and Unavoidable Delay, the “Early Access Date”), Landlord shall pay liquidated damages to provide Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant with access to the Premises (“Early Access”) for the purposes of installing its mechanical systems (in accordance with the preceding paragraph); performing any installations or other work, including, without limitation, any installation of furniture and one hundred sixty-six dollars ($166.00) per day for each day after July 15data and telecommunications wiring and cabling, 1996 and before the date on which Landlord provides Tenant access are not to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable be performed by Landlord for Tenant hereunder (collectively, “Tenant’s Installations”), provided that the following terms and conditions shall apply to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraph.such Early Access:

Tenant's Installations. Subject Not withstanding anything hereinbefore contained to applicable ordinances the contrary, provided Tenant complies with all of the laws, orders, rules and building codes governing regulations of the governmental authorities and the Fire Insurance Rating Organization having jurisdiction thereof and the local Board of Fire Underwriters, or any other similar body, and provided further, Tenant is not in default under any of the terms, covenants and conditions of this lease. Tenant shall have the right, at its own cost and expense, to install such machinery, equipment and fixtures as may be required for the proper conduct of Tenant's right business, except that Landlord's, prior consent shall be required for any installation requiring structural alteration or changes to occupy or perform in the Demised Premises, and . Subject to the provisions of this Article, any and all movable machinery, equipment and fixtures installed by Tenant (sometimes herein referred to as Tenant's Property") shall remain personality notwithstanding the Lease regarding Tenant-Made Alterations, which apply fact that it maybe affixed or attached to the realty, and shall during the term of this lease or any extension or renewal thereof belong to and be removable by Tenant's initial , provided that if Tenant shall remove said installations before Substantial Completion as well as any after Substantial Completionprior to the expiration of such term or the sooner termination thereof, Tenant shall be allowed repair any damage caused by said removal and shall deliver the Demised Premises to install Landlord in the same condition as upon the commencement of the term hereof, reasonable wear and tear excepted. Prior to the expiration of the term or sooner termination thereof, Tenant shall at its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, own cost and other personal property, including any loss or damage resulting expense remove from the negligence Demised Premises all of Tenant's Property except such items thereof as Tenant shall have expressly agreed in writing with Landlord are to remain and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to become the property of Landlord, its contractorsand Tenant shall repair any damage to the Demised Premises resulting from such removal. Any property of Tenant not removed at the expiration or sooner termination of the lease shall be deemed abandoned and surrendered to Landlord without cost or liability to Landlord. Machinery, subcontractorsfixtures, chattels or materialmenequipment, if any, furnished or installed by Tenant the cost of which is to be borne by Landlord, shall become the property of Landlord upon payment therefore by Landlord or reimbursement of Tenant by Landlord, as the case may be, and any death shall not be removed by Tenant. Tenant's obligations under this Article shall survive, the expiration or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that sooner termination of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphterm hereof.

Tenant's Installations. Subject 43.01 Notwithstanding anything hereinbefore contained to applicable ordinances the contrary, provided Tenant complies with all of the laws, orders, rules and building codes governing regulations of the governmental authorities and the Fire Insurance Rating Organization having jurisdiction thereof and the local Board of Fire Underwriters, or any other similar body, Tenant shall have the right, at its own cost and expense, to install such machinery, equipment and fixtures as may be required for the proper conduct of Tenant's right business, except that Landlord's prior consent shall be required for any installation requiring structural alteration or changes to occupy or perform in the Demised Premises, and . Subject to the provisions of the Lease regarding Tenant-Made Alterationsthis Article, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Tenant shall be allowed to install its improvements, and all moveable machinery, equipment, and fixtures installed by tenant (sometimes herein referred to as "Tenant's Property") shall remain personal notwithstanding the fact that it may be affixed or attached to the realty, and shall, during the term of this Lease, or any extension or renewal thereof, Tenant shall deliver the Demised Premises to Landlord in the same condition as upon the commencement of the term hereof, reasonable wear and tear excepted. Prior to the expiration of the term, or sooner termination thereof, Tenant shall, at its own cost and expense, remove from the Demised Premises all of Tenant's personal Property and Tenant shall repair any damage to the Demised Premises resulting from such removal. Tenant shall ascertain from Landlord at the time the Tenant’s plans are approved by Landlord, whether Landlord desires to have any non-moveable fixtures, machinery and/or equipment permanently installed by Tenant removed from the Demised Premises prior to the expiration of such term or other personal property on the sooner termination thereof and, if Landlord shall so desire, Tenant shall, prior the end of the term hereof, remove such indicated items and restore the Demised Premises whenwith respect thereto, to the same condition as upon the commencement of the term hereof, reasonable wear and tear excepted. ..Notwithstanding anything herein to the contrary, Landlord shall remove any non-moveable fixtures, machinery and/or equipment permanently installed by Tenant in the Demised Premises, at Landlord’s sole cost and expense. All fixtures, machinery and equipment installed by Tenant, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, the Demised Premises and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to become the property of Landlord, its contractorsremaining within the Demised Premises after the expiration of such term or sooner termination thereof and after Tenant is no longer in possession of the Demised Premises shall, subcontractorsat Landlord's option, either (i) become the property of Landlord, free of any claim by Tenant or any person claiming through Tenant, or materialmen(ii) be removed and disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. Machinery, fixtures, chattels, or equipment, if any, furnished or installed by Tenant, the cost of which is to be borne by Landlord, shall become the property of Landlord upon payment, therefor by Landlord or reimbursement of Tenant by Landlord, as the case may be, and any death shall not be removed by Tenant. Tenant's obligations under this Article shall survive the expiration or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that sooner termination of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphterm hereof.

Tenant's Installations. Subject to applicable ordinances Section 4.04 – Provided Tenant complies with all of the laws, orders, rules and building codes governing Tenant's right to occupy regulations of the governmental authorities having jurisdiction thereof and the local board of fire underwriters, or perform in the Premisesany other similar body, and provided further Tenant is not in default under any of the terms, covenants or conditions of this Lease, Tenant shall have the right, at its own cost for the proper conduct of Tenant’s business, except that the Landlord’s prior consent shall be required for any installation requiring structural alterations or changes to the Demised Premises. Subject to the provisions of the Lease regarding Tenant-Made Alterationsthis Article, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liabilitymachinery and equipment, lossexcept electrical fixtures, installed by Tenant shall remain personalty notwithstanding the fact that it may be affixed or attached to the realty, and shall, during the term hereof belong to and be removable by Tenant, provided, that (a) Tenant shall remove said installations prior to the Expiration Date, and (b) Tenant shall repair any damage arising from any injury to caused by said removal. The aforementioned Tenant’s property remaining with the Demised Premises after the Expiration Date and after Tenant is no longer in possession of the Demised Premises shall, at Landlord’s option, either (i) become the property of Landlord, its contractors, subcontractorsfree and clear of any claim by Tenant or any person claiming through Tenant, or materialmen(ii) be removed and disposed of by Landlord, at Tenant’s cost and expense, without further notice to or demand upon Tenant. Machinery, fixtures, chattels or equipment, if any, furnished or installed by Tenant, the cost of which was borne by Landlord, shall become the property of Landlord upon payment therefor by Landlord or reimbursement of Tenant by Landlord, as the case may be, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused be removed by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphTxxxxx.

Tenant's Installations. Subject to applicable ordinances Tenant at its expense shall construct and building codes governing install all such improvements as Tenant shall require which are not included in the Tenant's right ’s Improvements (“Tenant’s Initial Alterations”) and shall install its furniture, trade fixtures and equipment (“FFE”), so that Tenant may be able to occupy the Premises for the uses and purposes herein intended. Tenant’s Initial Alterations shall be subject to the terms and conditions of Section 8, with respect to Alterations. Tenant may begin to construct and install such Tenant’s Initial Alterations and to install such FFE prior to Substantial Completion of the Tenant’s Improvements, provided, however, that no such pre-Substantial Completion construction or perform installation shall in any way delay or interfere with the Premisesconstruction of the Landlord’s Improvements or the Tenant’s Improvements. Tenant shall arrange a meeting to coordinate with Landlord, prior to any such pre-Substantial Completion construction or installation, and to the provisions of the Lease regarding Tenant-Made Alterations, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Landlord and Tenant shall be allowed each coordinate in good faith to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, insure that their respective contractors work together in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installationharmony. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant Tenant’s access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); such construction and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (installation shall at all times be subject to the preceding paragraph). Notwithstanding anything terms and conditions of the Lease (except for Tenant’s obligation to pay Basic Rent and Additional Rent) and subject to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Landlord’s commercially reasonable rules and regulations regarding such access. Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Furtherresponsible for obtaining all necessary permits and approvals at Tenant’s expense, in connection with the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for work performed by Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraph’s contractors.

Tenant's Installations. Subject to applicable ordinances and building codes governing Tenant's right to occupy or perform in the Premises, and to the provisions of the Lease regarding Tenant-Made Alterations, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial -2- <PAGE> Completion, Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraph. 5.