Common use of Early Access Clause in Contracts

Early Access. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises up to sixty (60) days prior to the Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto.

Early Access. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which Tenant shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises up to sixty (60) days allowed early access prior to the Commencement Date (“Early Access Period”) for the sole purpose of installinginstallation of telecommunication equipment and furniture provided that (i) any delay in Substantial Completion arising from such early occupancy by Tenant, its, employees, contractors, invitees, or agents shall constitute a Tenant Delay, (ii) satisfactory evidence of insurance as required by Article 11 of this Lease shall first have been provided to Landlord and (iii) there shall be harmonious union labor relations between the contractors, subcontractors, suppliers and vendors on site and no disruption of the Work arising from Tenant’s early occupancy hereunder shall be permitted. 1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on any part of the outside or inside of the Building without the prior written consent of the Landlord. Landlord shall have the right to remove, at Tenant’s sole cost expense and expensewithout notice, its furniture, fixtures, equipment any sip installed or displayed in violation of this rule. All approved signs or lettering on doors and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry walls shall be in a manner and upon terms and conditions and printed, painted, affixed or inscribed at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed expense by a vendor designated or approved by Landlord. In addition, Landlord reserves the right to change from time to time the format or the signs or lettering and to require previously approved signs or lettering to be appropriately altered. 2. If at Landlord objects in writing to any time curtains, blinds, shades or screens attached to or hung in or used in connection with any window or door of the Premises, Tenant shall immediately discontinue such entry use. No awning shall cause disharmony or interfere with be permitted on any part of the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to TenantPremises. Tenant shall not place anything or allow anything to be liable placed against or near any glass partitions or doors or windows which may appear unsightly, .in the opinion of Landlord, from outside the Premises. 3. Tenant shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or stairways of the Building. No tenant and no employee or invitee of any tenant shall go upon the roof of the Building. 4. Any directory of the Building, if provided, will be exclusively for the display of the name and location of tenants only and Landlord reserves the right to exclude any damages caused other names. Landlord reserves the right to charge for tenant’s directory listing. 5. All cleaning and janitorial services for the l3ttilding and the Premises shall be provided exclusively through Landlord. Tenant shall not cause any unnecessary labor by Tenant’s activities at carelessness or indifference to the good order and cleanliness of the Premises. Such license is further conditioned Landlord shall not in any way be responsible to any tenant for any loss or property on the Premises, however occurring, or for any damage to any tenant’s property by the janitor or any other employee or any other person. 6. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed. No foreign substance of any kind whatsoever shall be thrown into any of them and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose employees or invitees, shall have caused it. 7. Tenant shall store all its trash and garbage within its Premises. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions issued from time to time by Landlord. Tenant will comply with any and all recycling procedures designated by Landlord, 8. Landlord will furnish Tenant two (2) keys free of charge to each door in the premises that has a passage way lock. Landlord may charge Tenant a reasonable amount for any additional keys, and Tenant shall not make or have made additional keys on its own. Tenant shall not alter any lock or install a new or additional lock or bolt on any door of its Premises. Tenant, upon the compliance termination of its tenancy, shall deliver to Landlord the keys of all doors which have been furnished to Tenant, and in the event or loss of any keys so furnished, shall pay Landlord therefor. 9. If Tenant requires telephone, data, burglar alarm or similar service, the cost of purchasing, installing and maintaining such service shall be borne solely by Tenant’s contractors with all requirements imposed . No boring or cutting for wires will be allowed without the prior written consent of Landlord. 10. No equipment, materials, furniture, packages, bulk supplies, merchandise or other property will be received in the Building or carried in the elevators except between such hours and in such elevators as may be designated by Landlord. The persons employed to move such equipment or materials in or out of the Building must be acceptable to Landlord. 11. Tenant shall not place a load upon any floor which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. Heavy objects shall stand on such platforms as determined by Landlord to be necessary to properly distribute the weight. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space in the Building to such a degree as to be objectionable to Landlord or to any tenants shall be placed and maintained by Tenant, at Tenant’s expense, on third party contractorsvibration eliminators or other devices sufficient to eliminate the noise or vibration. Landlord will not be responsible for loss of or damage to any such equipment or other• property from any cause, includingand all damage done to the Building by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant. 12. Landlord shall in all cases retain the right to control and prevent access to the Building of all persons whose presence in the judgment of Landlord would be prejudicial to the safety, without limitationcharacter, reputation or interests of the maintenance by Tenant Building and its contractors tenants, provided that nothing contained in this rule shall be construed to prevent such access to persons with whom any tenant normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities. Landlord reserves the right to exclude from the Building between the hours of 6 p.m. and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies 7 a.m. the following day, or such other hours as may be established from time to time by 1.andlord, and on forms satisfactory Sundays and legal holidays, any person unless that person is known to Landlord, with certificates the person or employee in charge of the Building and has a Pass or is properly identified. Tenant shalt be responsible for all poisons for whom it requests passes and shall be liable to Landlord for all nets of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxespersons. Landlord shall not be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. 13. Tenant shall not use any method of heating or air conditioning other than that supplied or approved in writing by Landlord. 14. Tenant shall not waste electricity, water or air conditioning. Tenant shall keep corridor doors closed. Tenant shall close and lock the doors of its Premises and entirely shut off all water faucets or other water apparatus and electricity, gas or air outlets before Tenant and its employees leave the Premises. Tenant shall be responsible for any damage or injuries sustained by other tenants or occupants of the Building or by Landlord for noncompliance with this rule. 15. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker or other device on the roof or exterior walls of the Building without landlord’s prior written consent, which consent may be withheld in Landlords sole discretion, and which consent may in any event be conditioned upon Tenant’s execution of Landlord’s standard form of license agreement. Tenant shall be responsible for any interference caused by such installation. 16. Tenant shall not m▇▇▇, drive nails, screw or drill into the partitions, woodwork, plaster, or drywall (except for pictures, tack boards and similar office uses) or in any way deface the Premises. Tenant shall not cut or bore holes for wires, Tenant shall not affix any injuryfloor covering to the floor of the Premises in any manner except as approved by Landlord. ‘rennin shall repair any damage resulting from noncompliance with this rule. 17. Tenant shall not install, loss maintain or damage which operate .upon the Premises any vending machine without Landlord’s prior written consent, except that Tenant may occur install food and drink vending machines solely for the convenience of its employees. 18. No cooking shall be done or permitted by any tenant on the Premises, except that approved microwave ovens or equipment for brewing coffee, tea, hot chocolate and similar beverages shall be permitted provided that such equipment and use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations. 19. Tenant shall not use in any space or in the public halls of the Building any hand trucks except those equipped with the rubber tires and side guards or such other material-handling equipment as Landlord may approve. Tenant shall not bring any other vehicles of any kind into the Building. 20. Tenant shall not permit any motor vehicles to be washed or mechanical work or maintenance of motor vehicles to be performed in any such work being performed by Tenant, parking lot. 21. Tenant shall not use the same being solely at Tenant’s risk. All costs and expenses name of the Building or any photograph or likeness of the Building in connection with or arising out of in promoting or advertising Tenant’s business. except that Tenant may include the performance of any work by Tenant during such early entry shall be borne by Building name in Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage)’s address. Landlord shall have the right, in exercisable without notice and without liability to any tenant. to change the name and address of the Building. 22. Tenant requests for services must be submitted to the Building office by an authorized individual. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instruction from Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against no employee of Landlord will admit any of the indemnified parties arising out of person (Tenant or in connection with the work performed by Tenant during otherwise) to any early entryoffice without specific instructions from Landlord. 23. Tenant shall coordinate such entry with not permit smoking or carrying of lighted cigarettes or cigars other than in areas designated by Landlord as smoking areas. 24. Canvassing, soliciting, distribution of handbills or any other written material in the Building is prohibited and each tenant shall cooperate to prevent the same, No tenant shall solicit business from other tenants or permit the sale of any good or merchandise in the Building, without the written consent or Landlord’s building manager and. 25. Tenant shall not permit any animals other than service animals, except as expressly set forth e.g. seeing eye dogs, to be brought or kept in this Section 41.1or about the Premises or any common area of the Building. 26. These Rules and Regulations are in addition to, such entry and shall not be made construed to in compliance with all terms any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of this Lease and any lease of any premises in the Building. Landlord may waive any one or more of these Rules and Regulations attached heretofor the benefit of any particular tenant or tenants, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other tenant or tenants, nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any or all of the tenants of the Building. 27. Landlord reserves the right to make such other and reasonable rules and regulations as in its judgment may from time to time be needed for safety and security, for care and cleanliness of the Building, and for the preservation of good order in and about the Building. Tenant agrees to abide by all such rules and regulations herein stated and any additional rules and regulations which are adopted. Tenant shall be responsible for the observance of all of the foregoing rules by Tenant’s employees, agents, clients, customers, invitees and guests. THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is made and entered into as of the 3rd day of February, 2010 (the “Effective Date”), by and between MUSREF 13727 NOEL, L.P., a Washington limited partnership (“Landlord”) and EQUITYMETRIX, LLC, a Texas limited liability company (“Tenant”).

Early Access. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the applicable Premises up to sixty (60) days prior to the applicable Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the applicable Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Tenant, at its sole cost and expense, may enter the Premises prior to the Early Access Period to conduct indoor air samples, subject to Landlord’s prior written consent, which shall not be unreasonably withheld or delayed, and provided that ▇▇▇▇▇▇ uses ▇▇▇▇ Environmental (or if ▇▇▇▇ Environmental is not available, another environmental consultant selected by Tenant, subject to Landlord’s reasonable approval) to gather and analyze any such air samples; any such entry by Tenant shall be subject to all other terms and conditions of this Section 41.1. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant▇▇▇▇▇▇’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant▇▇▇▇▇▇’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant▇▇▇▇▇▇’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant▇▇▇▇▇▇, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant ▇▇▇▇▇▇ during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work by Tenant or on Tenant’s behalf, during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the right, in Landlord▇▇▇▇▇▇▇▇’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant ▇▇▇▇▇▇ during any early entry. Tenant shall coordinate such entry with Landlord▇▇▇▇▇▇▇▇’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached hereto.

Early Access. Following twenty-four (24) hours’ notice Seller and Purchaser shall cooperate in providing early access to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises up to sixty for the period from and after the date of full execution of this Agreement (60the “Signing Date”) days and prior to the Commencement Date Effective Date, to permit Purchaser to familiarize itself with, and prepare for full occupancy of, those portions of the Premises vacated by Seller and accepted by Purchaser in accordance with a phased occupancy plan approved by Seller and Purchaser and attached hereto as Schedule 1.5. Purchaser’s activities on the Premises during such early access period shall be in full compliance with applicable provisions of the Lease. Purchaser shall have no obligation for rent, property taxes or other Premises operating expenses; provided, however, Purchaser shall be responsible for (“Early Access Period”i) all of its costs of clean rooms cleaning, and (ii) costs for the sole purpose treatment and removal of installingits biohazard, at Tenanthazardous materials and waste products and environmental materials, the handling, treatment, disposal and/or storage of which is regulated under applicable law, all such activities to be in accordance with such laws during such early occupancy. Seller shall have no obligation to provide services to Purchaser as to such materials. Purchaser’s sole cost activities on the Premises prior to the Effective Date shall not interfere with Seller’s activities on the Premises during such period. Seller shall maintain and expensePurchaser shall obtain appropriate liability and casualty insurance policies during the period of such early occupancy, which each of such insurance policies shall name the other party as an additional insured thereunder to the extent of their respective interests. Purchaser shall also maintain workers compensation insurance in statutorily required amounts with respect to its furnitureemployees occupying any portion of the Premises prior to the Effective Date. Each party shall receive appropriate certificates of such insurance prior to the commencement of Purchaser’s early occupancy. From and after the Signing Date until the Effective Date, fixtures, equipment Purchaser shall have the right to contact and cabling in initiate meetings with Landlord directly regarding the Lease and the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry Seller shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written provided contemporary notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs contact and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord Seller shall have the right, right to participate in Landlord’s sole all such contacts and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretomeetings.

Early Access. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which Tenant shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents have the right to enter the Premises up to sixty (60) 15 days prior to the Commencement Date (“Early Access Period”) for the sole purpose of installing, at installing Tenant’s sole cost computer and expense, its furnituretelephone cabling, fixtures, furniture, and equipment and cabling in the Premises; provided, however, provided that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any (a) such entry will not delay or hamper the completion of the Tenant Improvements, (b) Tenant and its vendors and contractors have obtained all governmentally required permits separate from any permits obtained by Landlord as to work to be performed by Landlord, if any, (c) Landlord may revoke or restrict Tenant’s or its contractors’ early access to the Premises if such access interferes with, hampers, or prevents completion of the Tenant Improvements at the earliest possible date, (d) Tenant’s access to the Premises shall be in a manner and upon subject to all of the terms and conditions and at times satisfactory provisions of the Lease, except as to Landlord’s representative. The foregoing license to enter the payment of Rent, (e) any entry by Tenant in the Premises prior to the Commencement Date is, however, conditioned upon shall be at Tenant’s contractors sole risk and their subcontractors subject to Tenant coordination with Landlord’s project or property manager, and employees working in harmony and not interfering with the (f) all work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by is subject to the administrative supervision of Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public contractor. Landlord assumes no responsibility or liability and for injury to persons or damage to property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all caused by the Tenant’s exercise of the provisions of this Lease except as expressly set forth rights and privileges granted in this Section 41.1. During the Early Access Periodparagraph, and Tenant shall have no obligation to pay Basic Rentindemnify, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injurydefends, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partners, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suitsloss, claimscost, actionsdamage, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work during such early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage). Landlord shall have the right, in Landlord’s sole and absolute discretion, to settle, compromiseliability, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of expense suffered or in connection with the work performed incurred by Tenant during any early entryLandlord as a result thereof. Tenant shall coordinate such entry adopt a schedule for its work in conformance with Landlord’s building manager and, except schedule for the Tenant Improvements and shall conduct its work in such a manner as expressly set forth in this Section 41.1, such entry to maintain harmonious labor relations. All delays to the Tenant Improvements caused by Tenant’s early access shall be made in compliance with all terms and conditions of deemed a Tenant Delay under this Lease and the Rules and Regulations attached heretoLease.

Early Access. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which Tenant shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises up to sixty (60) days prior to the Commencement Date (“Early Access Period”) responsible for the sole purpose of installing, at Tenant’s sole cost and expense, its furnitureany and all work (other than Landlord’s Work) for the MMR Expansion Space (collectively, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect “Additional Alterations”). Tenant’s right to perform the Commencement Date. Any such entry Additional Alterations shall be in a manner and upon terms and conditions and at times satisfactory subject to Landlord’s representativeprior written approval of the plans and specifications therefor (the “Additional Alterations Construction Drawings and Specifications”) and the contractors who will perform such work, such consent not to be unreasonably withheld, conditioned or delayed. The foregoing license Landlord shall respond to enter the Premises prior a request by Tenant for Landlord’s consent to the Commencement Date is, however, conditioned upon Tenant’s plans and specifications for the Additional Alterations and the contractors and their subcontractors and employees working in harmony and not interfering with who will perform the work being performed by Landlord. If at any time Additional Alterations within ten (10) business days after such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by a request Tenant and its contractors contractors, subcontractors, space planner/interior architect, engineers, consultants, vendors, suppliers and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members, agents, employees, partnersother representatives, and their respective employees, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses shall be permitted to enter the MMR Expansion Space (including reasonable attorneys’ fees and claims for workers’ compensation“Early Access”) at least thirty (30) days prior to the extent arising out MMR Expansion Space Completion Date (the “Early Access Period”) for the purposes of or in connection with any inspecting same, for performing the Additional Alterations, as well as installing fixtures and all work during such early entry equipment (including, but not limited to, claims telephone, communications and computer equipment, further including wiring and cabling for breach of warranty, personal injury or property damagesame). Any such permission shall constitute a license only, conditioned upon Tenant’s: (a) working in harmony with Landlord shall have the right, in and Landlord’s sole agents, contractors, workmen, mechanics and absolute discretion, to settle, compromise, or otherwise dispose of any suppliers and all suits, claims, with other tenants and actions against any occupants of the indemnified parties arising Building; and (b) furnishing Landlord with such insurance as Landlord may reasonably require against liabilities which may arise out of or in connection with the work performed by Tenant during any early such entry. Tenant shall coordinate Notwithstanding anything in this Lease to the contrary, the Early Access Period may be reduced by Landlord to the extent such entry Early Access materially interferes with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretoability to complete Landlord’s Work.

Early Access. Following twenty-four (24a) hours’ notice Landlord hereby agrees to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant access, at Tenant's sole risk and its agents expense, to enter the Premises up to sixty (60) First Floor Laboratory Space 30 days prior to the Commencement First Floor Laboratory Space Effective Date to perform any work required by Tenant (“Early Access Period”other than Landlord's Work); provided that all of Tenant's work is coordinated with Landlord's architect and the general contractor, and complies with the Lease and all other reasonable restrictions and conditions Landlord may impose, and all such access shall be during normal business hours or at such other times as are reasonably designated by Landlord. Any entry by Tenant shall comply with all established safety practices of Landlord's contractor and Landlord until completion of Landlord's Work and acceptance thereof by Tenant. (b) for Neither Tenant nor its employees, consultants, agents, contractors, and suppliers shall interfere with the sole purpose performance of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling Landlord's Work in the Premises; providedFirst Floor Laboratory Space, howevernor with any inspections or issuance of any approvals by San Diego County or the City of San Diego, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms any such interference, Landlord shall have the right to exclude Tenant and conditions Tenant's employees, consultants, contractors and at times satisfactory agents from the First Floor Laboratory Space until Substantial Completion of Landlord's Work. (c) In connection with Tenant's right to Landlord’s representative. The foregoing license to enter access the Premises First Floor Laboratory Space prior to the Commencement Date is, however, conditioned upon Tenant’s contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, this license may be withdrawn by Landlord upon twenty-four (24) hours written notice to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on third party contractors, including, without limitation, the maintenance by Tenant and its contractors and subcontractors of workers’ compensation and public liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of this Lease except as expressly set forth in this Section 41.1. During the Early Access PeriodFirst Floor Laboratory Effective Date, Tenant shall have no obligation hereby agrees to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its membersharmless from any loss of or damage to Tenant's property, agentscompleted work, employeesfixtures, partnersequipment, materials or merchandise, and their respective employeesfrom liability for death of, partners, officers, directors, agents, representatives, successors and assigns, harmless from and against any and all suits, claims, actions, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) to the extent arising out of or in connection with any and all work during such early entry (including, but not limited injury to, claims for breach any person, caused by the willful misconduct or negligence of warranty, personal injury Tenant or property damage). Landlord shall have the right, in Landlord’s sole and absolute discretion, to settle, compromise, or otherwise dispose of any and all suits, claims, and actions against any of the indemnified parties arising out of or in connection with the work performed by Tenant during any early entry. Tenant shall coordinate such entry with Landlord’s building manager and, except as expressly set forth in this Section 41.1, such entry shall be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretoits agents.

Early Access. Following twenty-four (24) hours’ notice to Landlord and upon receipt of written approval by Landlord (which shall not be unreasonably withheld or delayed), Landlord shall permit Tenant and its agents to enter the Premises up to sixty (60) days prior to the Commencement Date (“Early Access Period”) for the sole purpose of installing, at Tenant’s sole cost and expense, its furniture, fixtures, equipment and cabling in the Premises; provided, however, that in no event shall such early access, regardless of when provided, extend or otherwise affect the Commencement Date. Any such entry shall be in a manner and upon terms and conditions and at times satisfactory to Landlord’s representative. The foregoing license permitted to enter the Premises prior to the Commencement Date is(the "Early Access Period") for purposes of installing Tenant's cabling, security system, furniture, fixtures and equipment; provided, however, that Tenant's entry into the Premises during the Early Access Period shall be subject to and conditioned upon Tenant’s contractors 's coordination of such entry with Landlord and their subcontractors and employees working Landlord's general contractor(s) so as not to delay Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in harmony and not interfering all respects with the work being performed by Landlord. If at any time such entry shall cause disharmony or interfere with the work being performed by Landlord, terms of this license may Lease for all insurance required to be withdrawn by Landlord upon twenty-four (24) hours written notice provided hereunder prior to Tenant. Tenant shall be liable for any damages caused by Tenant’s activities at entering the Premises. Such license is further conditioned upon the compliance by Tenant’s contractors , and Tenant complying with all requirements such restrictions and conditions on such access which Landlord deems reasonably necessary (and Tenant acknowledges and agrees that any restrictions and conditions imposed by Landlord on third party contractors, including, without limitation, with the maintenance by Tenant and its contractors and subcontractors purpose of workers’ compensation and public liability and property damage insurance attempting to avoid any delay in amounts and with companies and on forms satisfactory to Landlord, with certificates of such insurance being furnished to Landlord prior to proceeding with any such entry. The entry the Commencement Date shall be deemed reasonable). Except as provided in this Section 2.8, such early access and the installation of such cabling, security system, furniture, fixtures and equipment shall be subject to be under all of the provisions terms and conditions of this Lease except as expressly set forth in this Section 41.1Lease. During Tenant will not be obligated to pay rent during the Early Access Period, . In no event shall Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant, the same being solely at Tenant’s risk. All costs and expenses in connection with or arising out of the performance of any work by Tenant during such early entry shall be borne by Tenant, and all payments therefor shall be made by Tenant promptly as they become due. Tenant shall, at its sole cost and expense, comply with all applicable laws, ordinances, regulations and policies governing its work. Tenant shall defend, indemnify and hold Landlord and its members's employees, agents, employeesconsultants, partnerscontractors or invitees interfere with any construction being undertaken by or on behalf of Landlord, nor with any inspections or issuance of final approvals by any applicable governmental authority, and their respective if Tenant fails to cease such interference promptly after notice from Landlord specifying the nature of such interference, Landlord shall have the right to terminate Tenant's early access. Other than with respect to the gross negligence of Landlord or Landlord's agents, Tenant hereby releases and discharges Landlord and Landlord's employees, partners, officers, directors, agents, representativesconsultants, successors contractors and assigns, harmless manager from and against any and all suitsclaims of loss, claimsdamage or injury to persons or property, actionsincluding without limitation any product inventory, losses, costs, liabilities or expenses (including reasonable attorneys’ fees and claims for workers’ compensation) which is alleged to the extent arising out of or in connection with any and all work have occurred during such period of early entry (including, but not limited to, claims for breach of warranty, personal injury or property damage)access. Landlord shall have the right, in Landlord’s sole and absolute discretion, to settle, compromise, makes no representation or otherwise dispose of any and all suits, claims, and actions against any warranty about safety of the indemnified parties arising out of or in connection with the work performed by Tenant Premises during any period of early entry. Tenant shall coordinate such entry with Landlord’s building manager andaccess, except as expressly set forth in this Section 41.1, such entry shall construction and other activities may be made in compliance with all terms and conditions of this Lease and the Rules and Regulations attached heretoongoing.