Common use of Early Access Clause in Contracts

Early Access. Provided that Master Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall have early access to Subleased Premises up to [***] prior to the Commencement Date but in all events by not later than [***] (the “Early Access Date”) for the sole purpose of installing furniture, fixtures and equipment (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations to the Subleased Premises, at no additional charge to Subtenant. Subtenant’s access shall be subject to all the terms and conditions of this Sublease, except the payment of Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than the Early Access Date or the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment thereto.

Early Access. Provided that Master Landlord has consented Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to this Sublease and that Exhibit D of the Deliverables are satisfiedLease, Subtenant Tenant shall have early be permitted to access a portion of the Premises consisting of approximately 30,562 rentable square feet as shown on the Exhibit A-1 attached to Subleased Premises up the Second Amendment to [***] Lease (“Early Access Premises”) prior to the Commencement Date but in all events by not later than [***] (for Tenant to use the “Early Access Date”) Premises for staging in connection with Xxxxxx’s construction of the sole purpose of installing furniture, fixtures and equipment Tenant Improvements (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations as defined in Exhibit X attached to the Subleased Premises, at no additional charge to SubtenantLease). SubtenantTenant’s access to the Early Access Premises prior to the Commencement Date shall be subject to all of the terms and conditions obligations of this Subleasethe Lease, including the indemnity provisions therein, except that during such period, the payment of Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than Basic Rent for the Early Access Date or Premises shall be $42,786.80 per month (based on $1.40 per rentable square foot of the Early Access Premises) pro-rated on a per diem basis, and “Tenant’s Share” of “Operating Expenses” (as defined in Exhibit B attached to the Lease) for the Early Access Premises shall be “fixed” at the amount of $7,640.50 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment theretoLease unless Tenant commences its regular business activities therefrom.”

Early Access. Provided that Master Subject to Tenant’s delivery of an executed original of this Lease, the prepaid Base Rent and the Letter of Credit as required elsewhere in this Lease, and the insurance certificates evidencing Tenant’s insurance policies required under this Lease, Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall have provide Tenant with early access to Subleased the Premises up on the latest to [***] occur of (i) the first (1st) Business Day following the date of mutual execution and delivery of this Lease, (ii) the first (1st) Business Day following the date on which Landlord determines the Premises is free and clear of any existing tenancy, and (iii) fifteen (15) days prior to Landlord’s then-estimated date of delivery of the Premises (in any case, the “Access Date”). Such period of early access shall commence on the Access Date and continue through the date immediately preceding the Commencement Date but in all events by not later than [***] (the “Early Access Period”), and Tenant’s access during the Early Access Period shall be subject to all of the terms and conditions of this Lease, except for Tenant’s obligation to pay Rent (which obligation shall commence upon the Commencement Date”, subject to the abatement of Base Rent provided in the Basic Lease Information). Notwithstanding the foregoing, the conduct of business in the Premises shall cause an immediate acceleration of the Commencement Date to the date of Tenant’s initial conduct of business in the Premises. During the Early Access Period, Tenant may enter the Premises (but not any other portion of the Building or the Project other than for ingress and egress) for the sole purpose of installing cabling, furniture, fixtures and equipment (including without limitation telephone equipment, provided that Tenant shall be solely responsible for all of the foregoing and data cabling for any loss or damage thereto from any cause whatsoever. Such early access and equipmentinstallation shall be permitted only to the extent that such early access and installation activities will not interfere with the access, use and occupancy of the Building or the Project by Landlord or any other tenant or occupant and/or Landlord’s performance of the Work and/or otherwise delay Landlord’s delivery of possession of the Premises to Tenant in the condition required under this Lease. The provisions of Sections 8(a) and performing Subtenant’s approved alterations to the Subleased Premises, at no additional charge to Subtenant. Subtenant’s access shall be subject to all the terms and conditions 11 of this Sublease, except the payment of Rent. Sublandlord Lease shall remove all of its property, furniture, trade fixtures and equipment not included apply in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than full during the Early Access Date or Period, and Tenant shall (x) provide certificates of insurance evidencing the Commencement Date will be postponed on existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to and as a day for day basis until condition to such early access, and (y) comply with all Laws applicable to such Required Removables have been removed from early access work in the Premises. Notwithstanding anything If Landlord reasonably determines that Xxxxxx’s early access is interfering in Section 1.2 of this Sublease any material way with Landlord’s ability to the contrary, Subtenant shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any deliver possession of the Subtenant Parties Premises in the condition required under this Lease and/or to complete the Work, then Landlord shall have the right to limit or otherwise restrict Tenant’s access during the foregoing Early Access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment theretoPeriod without any liability.

Early Access. Provided that Master Subject to the terms and conditions of this Lease including, without limitation, Section 13, and provided Landlord has consented received the pre-paid Base Rent required by Section 4.01 below, the Letter of Credit and evidence of Tenant’s procurement of all insurance coverage required hereunder, Tenant, at Tenant’s sole risk, shall be permitted to this Sublease enter the Premises from and after the date that the Deliverables are satisfied, Subtenant shall have early access to Subleased Premises up to [***] is fourteen (14) days prior to the date that Landlord anticipates to be the Commencement Date but in all events by not later than [***] (the “Early Access Date”) , solely for the sole purpose of installing furniture, fixtures and equipment equipment. Further, provided it does not interfere with the Landlord’s performance of the Tenant Improvements, Tenant, at Tenant’s sole risk, shall be permitted to enter the Premises from and after the date that is one (including without limitation telephone and data cabling and equipment1) and performing Subtenantday following mutual execution of the Lease, for the purpose of installing telecommunications wiring for Tenant’s approved alterations operations. Landlord may withdraw such permission for Tenant to enter the Subleased Premises, at if Landlord determines that such entry is causing a dangerous situation for Landlord, Tenant, Tenant’s vendors and contractors or other tenants in the Building or is delaying or interfering with the progress of any work within the Building. Tenant will have no additional charge obligation to Subtenant. Subtenant’s pay Rent during such early access shall be subject to all the terms and conditions of this Subleaseperiod, except for the payment cost of Rent. Sublandlord shall remove all of its propertyservices requested by Tenant (e.g., furnitureafter hours HVAC service, trade fixtures and equipment not included after hours security, etc.), unless Tenant commences business operations in the FF&E being transferred to Subtenant from Premises during such early access period. If Tenant so commences business operations in the Subleased Premises (the “Required Removables”) by not later than the Early Access Date or Premises, then the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant shall be responsible deemed to repair or replace any damage caused to have occurred on the Subleased Premises by Subtenant or any of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment theretodate that Tenant commences such business operations.

Early Access. Provided that Master Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall have early will give Tenant access to Subleased the Premises up to [***] prior to the Commencement Date but in all events by not later than [***] (the “Early Access Date”) for construction of the sole purpose of installing furniture, fixtures and equipment (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations to the Subleased Premises, at no additional charge to Subtenant. Subtenant’s access shall be subject to all the terms and conditions of this Sublease, except the payment of Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included in the FF&E being transferred to Subtenant from the Subleased Premises listed on Schedule (the “Required RemovablesPre-Approved Alterations”) and for planning, measurement, construction of improvements and installation of furniture, fixtures, inventory and equipment, shipping and receiving, and any activities included within the Permitted Use (“Tenant’s Early Occupancy”). Landlord and Xxxxxx will reasonably cooperate in coordinating completion of Xxxxxxxx’s Work and any work done by Tenant during Xxxxxx’s Early Occupancy. Beginning on the Early Access Date, Landlord will provide reasonable, temporary restroom facilities for Tenant’s agents, contractors, and employees. Until Substantial Completion, Tenant shall abide by all safety precautions and programs as may be reasonably promulgated by Landlord to ensure the safe completion of Landlord’s Work and any Pre-Approved Alterations, and compliance with applicable health and safety regulations. In the event that Landlord does not later than give Tenant access to the Premises on or before the Early Access Date (which period may be extended as a result of Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), Tenant shall be entitled to a credit in the amount of one (1) day of Base Rent for each day after the Early Access Date until Landlord gives Tenant access to the Premises, to be applied against the Base Rent otherwise due and payable after the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premisessaid credits are fully realized by Tenant. Notwithstanding anything in Section 1.2 of this Sublease In addition, if Landlord has not given Tenant access to the contrary, Subtenant shall be responsible to repair Premises on or replace any damage caused to before the Subleased Premises by Subtenant or any of date that is [ ] days after the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoingDate (which period may be extended as a result of a Construction Force Majeure Event for up to thirty (30) days or for Tenant Delay), the Deliverables will not include the Subtenant Letter of Credit for purposes of Tenant may terminate this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment theretoLease by written notice to Landlord.

Early Access. Provided that Master Landlord has consented to this Sublease and that the Deliverables are satisfied, Subtenant shall have provide Tenant with early access to Subleased the Premises up to [***] prior to on the Commencement Date but in all events first Business Day following the full execution of this Lease by not later than [***] Landlord and Tenant (the “Early Access Date”) for the sole purpose of installing furniture, fixtures and equipment (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations to the Subleased Premises, at no additional charge to Subtenant). Subtenant’s access Such early occupancy shall be subject to all of the terms and conditions of this SubleaseLease, except the payment of Rent. Sublandlord that Tenant shall remove all of its property, furniture, trade fixtures and equipment not included pay: (A) Base Rent in the FF&E being transferred amount of $2,382.80 per month, and (B) 50% of the amount of Tenant’s Proportionate Share of the Additional Rent, Taxes, and Insurance, in each case, for the period commencing on the Access Date and ending on the date immediately preceding the Commencement Date (such Rent to Subtenant from be prorated based on the Subleased Premises length of the Early Occupancy Period). Such period of early occupancy shall commence on the Access Date and continue through the date immediately preceding the Commencement Date (the “Required RemovablesEarly Occupancy Period”) by not later than ). During the Early Access Date Occupancy Period, Tenant may enter the portion of the Premises in which Landlord is not then performing the Work for the purpose of installing telephones, electronic communication equipment, fixtures and furniture, provided that Tenant shall be solely responsible for any of such fixtures, furniture or equipment and for any loss or damage thereto from any cause whatsoever. Such early access to the Commencement Date Premises and such installation shall be permitted only to the extent that Landlord reasonably determines that such early access and installation activities will be postponed on a day for day basis until not delay the substantial completion of the Work. Landlord and Tenant shall cooperate in the scheduling of Tenant’s early access to the Premises and of Tenant’s installation activities in an attempt to maximize the benefits to Tenant of this Section 3(b) without interfering with Landlord’s substantial completion of the Work. The provisions of Section 8(a) below and of Section 11 below shall apply in full during the Early Occupancy Period, and Tenant shall (x) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (y) comply with all Laws applicable to such Required Removables have been removed from early entry work in the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoing, if such early access or installation delays or interferes with Landlord’s performance of the Deliverables will not include Work, Landlord shall have the Subtenant Letter right to accelerate the Commencement Date one day for each day of Credit for purposes of this Section 2.2 until Sublandlord delivers delay caused by Tenant’s early access to the Sublandlord Letter of Credit or the subsequent amendment theretoPremises.

Early Access. Provided that Master If, at Tenant’s request, Landlord has consented permits Tenant to this Sublease and that take occupancy of the Deliverables are satisfied, Subtenant shall have early access to Subleased Premises up to [***] prior to the Commencement Date, then the Commencement Date but shall be the date of such early occupancy by Tenant; provided, however, that the Expiration Date shall not be affected by such early occupancy. Notwithstanding anything to the contrary in all events by not later than [***] this Lease, Tenant may, during the seven (7) day period prior to the “Early Access Commencement Date”) , enter the Premises for the sole purpose of installing furnituretelephones, fixtures and equipment (including without limitation telephone and data cabling electronic communication or related equipment, fixtures, furniture and equipment) , provided that Tenant shall be solely responsible for any of such equipment, fixtures, furniture or material and performing Subtenantfor any loss or damage thereto from any cause whatsoever, excluding only the gross negligence or deliberate misconduct of Landlord or Landlord’s approved alterations contractors. Such early access to the Subleased Premises, at no additional charge to Subtenant. Subtenant’s access Premises and such installation shall be subject permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. The provisions of the Paragraphs 7.3, 14 and 15 below shall apply in full during the period of any such early entry, and Tenant shall (i) provide certificates of insurance evidencing the existence and amounts of liability insurance carried by Tenant and its agents and contractors, reasonably satisfactory to Landlord, prior to such early entry, and (ii) comply with all the terms and conditions of this Sublease, except the payment of Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included applicable Applicable Requirements applicable to such early entry work in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than the Early Access Date or the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 Tenant’s early entry into the Premises solely for the purposes of this Sublease to the contrary, Subtenant grammatical paragraph shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any not constitute “occupancy of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of Credit Premises” for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment theretoimmediately preceding grammatical paragraph.

Early Access. Provided In the event Landlord reasonably determines that Master the Landlord Work in Building D has consented sufficiently progressed so that Tenant's access to this Sublease the Premises shall not adversely impact Landlord's construction of the Landlord Work and that Tenant may commence preparations for and the Deliverables are satisfied, Subtenant shall have early access to Subleased Premises up to [***] initial construction of the Tenant Work in Building D prior to the Commencement Building D Delive1y Date, at such time Landlord may grant Tenant the right to enter the Premises prior to the Building D Delivery Date but in all events by not later than [***] (the “Early Access Date”) for the sole purpose of installing furniture, fixtures and equipment (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations to the Subleased Premises, at no additional charge to Subtenantpurposes described in this Section. Subtenant’s Such early access shall be subject at Tenant's sole risk and solely for the purpose of comnencing the Tenant Work in a manner that does not interfere with the Landlord Work. Landlord may withdraw such permission to all enter the terms and conditions Premises prior to the commencement of this SubleaseTenant's Construction Period at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for Landlord, except Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the payment completion of Rentthe Landlord Work at the earliest possible date. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included in In the FF&E being transferred event Landlord grants such access to Subtenant from Tenant more than thirty (30) days prior to the Subleased Premises Building D Deliver Date (the “Required Removables”number of days in excess of such fourteen (14) by not later than the Early Access Date or the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant period shall be responsible referred to repair or replace any damage caused herein as the "Acceleration Period"), the Building D Expansion Effective Date shall be accelerated to an earlier date by the Subleased Premises by Subtenant or any number of days of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoingAcceleration Period, the Deliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment theretoif any.

Early Access. Provided that Master Landlord has consented Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and Tenant’s delivery of proper evidence of insurance pursuant to this Sublease and that Exhibit D of the Deliverables are satisfiedLease, Subtenant Tenant shall have early be permitted to access to Subleased a portion of the Premises up to [***] consisting of approximately 33,597 rentable square feet as shown on the attached Exhibit A-1 (“Early Access Premises”) prior to the Commencement Date but in all events by not later than [***] (for Tenant to use the “Early Access Date”) Premises for staging in connection with Tenant’s construction of the sole purpose of installing furniture, fixtures and equipment Tenant Improvements (including without limitation telephone and data cabling and equipment) and performing Subtenant’s approved alterations as defined in Exhibit X attached to the Subleased Premises, at no additional charge to SubtenantLease). SubtenantTenant’s access to the Early Access Premises prior to the Commencement Date shall be subject to all of the terms and conditions obligations of this Subleasethe Lease, including the indemnity provisions therein, except that during such period, the payment of Rent. Sublandlord shall remove all of its property, furniture, trade fixtures and equipment not included in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than Basic Rent for the Early Access Date or Premises shall be $47,035.80 per month (based on $1.40 per rentable square foot of the Early Access Premises) pro rated on a per diem basis, and “Tenant’s Share” of “Operating Expenses” (as defined in Exhibit B attached to the Lease) for the Early Access Premises shall be “fixed” at the amount of $8,399.25 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date will be postponed on a day for day basis until all such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any of the Subtenant Parties during the foregoing Early Access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment theretoLease unless Tenant commences its regular business activities therefrom.

Early Access. Provided that Master The current occupant of the Premises (the “Current Occupant”) is, as of the Effective Date, in the process of removing its fixtures and equipment from the Premises. Subject to the terms and conditions of this Lease and provided Landlord has consented received the pre-paid Base Rent required hereunder, the Letter of Credit and all evidence of insurance coverage required hereunder, Landlord will allow Tenant to this Sublease and that enter the Deliverables are satisfied, Subtenant shall have early access to Subleased Premises up to [***] prior to for the Commencement Date but in all events by not later than [***] seven (7) day period (the “Early Access DatePeriod”) immediately following the date upon which both (i) the Current Occupant completes such removal and (ii) Landlord completes Landlord’s Work, and prior to the Commencement Date, solely for the sole purpose of installing furniture, fixtures and equipment in the Premises (including without limitation telephone if Tenant completes such installation and data cabling and equipment) and performing Subtenant’s approved alterations commences business operations in the Premises prior to the Subleased expiration of such seven (7) day period, the Early Access Period will be deemed to have expired as of the end of the day immediately preceding Tenant’s first (1st) day of business operations in the Premises). Landlord may withdraw its permission for Tenant to so enter the Premises during the Early Access Period at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for Landlord, at no additional charge to SubtenantTenant, Tenant’s vendors and contractors or other tenants in the Building. Subtenant’s access Such early entry shall be subject to all the terms and conditions provisions of this SubleaseLease, except the payment of Rent. Sublandlord that Tenant shall remove all of its property, furniture, trade fixtures and equipment not included have no obligation to pay Base Rent or other charges during such early access period unless Tenant commences business operations in the FF&E being transferred to Subtenant from the Subleased Premises (the “Required Removables”) by not later than the Early Access Date or the Commencement Date will be postponed on a day for day basis until all during such Required Removables have been removed from the Premises. Notwithstanding anything in Section 1.2 of this Sublease to the contrary, Subtenant shall be responsible to repair or replace any damage caused to the Subleased Premises by Subtenant or any of the Subtenant Parties during the foregoing Early Access early access period. Notwithstanding the foregoing, the Deliverables will not include the Subtenant Letter of Credit for purposes of this Section 2.2 until Sublandlord delivers the Sublandlord Letter of Credit or the subsequent amendment thereto.