Common use of Early Access Clause in Contracts

Early Access. Lessor shall, subject to the following terms and conditions, permit Lessee, and Lessee's agents, to enter the Premises during the seventy-five (85) day period prior to the Estimated Commencement Date: (a) Lessee shall give Lessor reasonable prior written notice of such access to the Premises, which notice must contain or be accompanied by: (i) a description and schedule for the work to be performed in the Premises; (ii) the names and addresses of all contractors performing such work; (iii) copies of all contracts pertaining to the performance of such work; (iv) copies of all licenses and permits required in connection with the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claims, costs, expenses, damages, suits, (b) Such early access is subject to reasonable scheduling by Lessor. (c) Lessee's agents, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas of the Building, and in the general operation of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee. (d) In the event that Lessor's work in the Premises and Lessee's work in the Premises (pursuant to the permission granted herein) progress simultaneously, Lessor shall not be liable for injury to any person or for damage to any property of Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or materials furnished or obligations incurred by or for Lessee. Lessee will discharge any such lien of record immediately upon its filing. (e) Lessee agrees that it is liable to Lessor for any damage to the Premises or to any portion of the work in the Premises caused by Lessee or any of Lessee's employees, agents, licensees, or invitees.

Early Access. Lessor shall, subject Prior to the following terms and conditions, permit Lessee, and Lessee's agents, Commencement Date of this Sublease (but after the Master Landlord has consented in writing to enter the Premises during the seventy-five (85) day period prior to the Estimated Commencement Date: (a) Lessee this Sublease). Subtenant shall give Lessor reasonable prior written notice of such have access to the Premises, which notice must contain or be accompanied by: (i) a description and schedule for the work to be performed in the Premises; (ii) the names and addresses of all contractors performing such work; (iii) copies of all contracts pertaining to the performance of such work; (iv) copies of all licenses and permits required in connection with the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claims, costs, expenses, damages, suits, (b) Such early access is subject to reasonable scheduling by Lessor. (c) Lessee's agents, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas of the Building, and in the general operation of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee. (d) In the event that Lessor's work in the Sublet Premises and Lessee's work in the Premises (pursuant to the permission granted herein) progress simultaneously, Lessor shall not be liable for injury to any person or for damage to any property of Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or materials furnished or obligations incurred by or Common Areas and Roof Area to prepare the Sublet Space for Lesseeoccupancy (i.e., installing furniture, fixtures and equipment, telecommunications equipment and storing tiles). Lessee will discharge any such lien of record immediately upon its filing. (e) Lessee agrees that it is liable to Lessor for any damage to In particular, Sublandlord shall vacate the Premises or to any portion of the work Sublet Premises designated as area "A" in the Floor Plan, and with the exception of the Improvements and the FF&E (hereinafter defined), such area shall be cleared of all persons and personal property, and following the execution and delivery of this Sublease by the parties, Sublandlord shall allow Subtenant to occupy such area, within 2 business days after the execution and delivery of this Sublease by Sublandlord and Subtenant, for the purpose of commencing improvements and preparing such space for occupancy. If Subtenant occupies the Sublet Premises caused before the Commencement Date for any use other than construction of Subtenant's improvements thereto or staging Subtenant's personal property in the Sublet Premises, Subtenant shall be liable (for the period commencing on the date of such early access to the Commencement Date) for its share of the cost of utilities enjoyed by Lessee or any Subtenant during that period as reasonably determined by Sublandlord pursuant to invoices and other supporting documentation submitted to Subtenant. Any ear]y access shall not give rise to a right of Lesseepossession in Subtenant's employees, agents, licensees, or inviteesfavor unless and until the condition precedent described in Section 4 below has been met.

Early Access. Lessor shallSubject to the terms and provisions of the Work Letter and the terms and provisions of this Sublease, Subtenant shall be permitted to enter Phase I from and after the Phase I Delivery Date until the Phase I Rent Commencement Date (but subject to the following terms and conditions, permit Lessee, and Lessee's agentsrestrictions set forth in Section 6.3 below), to enter Phase II from and after the Phase II Delivery Date until the Phase II Rent Commencement Date, and to enter Phase III from and after the Phase III Delivery Date until the Phase III Rent Commencement Date, respectively, for the sole and limited purpose of constructing and installing its Tenant Improvements, fixtures, furnishings, equipment, cabling and personal property within Phase I, Phase II and Phase III, respectively, of the Sublease Premises; provided, however, that, as to Phase III only, such early access shall allow the commencement of business as provided in, and subject to the terms and conditions of, Section 2.4.3 above. Such limited entry and use of the Sublease Premises during the seventy-five (85) day period shall not obligate Subtenant to commence paying Base Rent for each applicable Phase unless Subtenant commences its business operations in all or any portion of such Phase prior to the Estimated Rent Commencement Date: (a) Lessee shall give Lessor reasonable prior written notice Date for each respective Phase. This right of such access to entry onto the Premises, which notice must contain or be accompanied by: (i) a description and schedule for the work to be performed in the Premises; (ii) the names and addresses of all contractors performing such work; (iii) copies of all contracts pertaining to the performance of such work; (iv) copies of all licenses and permits required in connection with the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claims, costs, expenses, damages, suits, (b) Such early access Sublease Premises is subject to reasonable scheduling revocation by Lessor. (c) Lessee's agentsSublandlord in the event that Subtenant or its employees, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere subcontractors or agents cause unreasonable interference with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas any of the Building, and in the general operation of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee. (d) In the event that LessorSublandlord's work in Building D or any labor dispute or damage during such period which results either directly or indirectly from the installation or delivery of the foregoing, or Subtenant otherwise breaches any term, covenant or condition of this Sublease. Prior to Subtenant's entry onto the Sublease Premises in accordance with this Section 2.6, Subtenant shall satisfy all of the insurance requirements set forth in Section 17 of this Sublease. Under no circumstances shall Sublandlord be liable or responsible for, and Lessee's work in the Premises (pursuant Subtenant agrees to assume all risk of loss or damage to such installation of its tenant improvements, furniture, fixtures, furnishings, equipment, cabling and personal property and to indemnify, defend and hold Sublandlord harmless from any liability, loss or damage arising from any damage to the permission granted herein) progress simultaneouslyproperty of Sublandlord, Lessor shall not be liable for or its contractors, employees or agents, and any death or personal injury to any person or for damage persons to any property of Lesseethe extent caused by, Lesseeattributable to or arising out of, whether directly or indirectly, Subtenant's employeesentry onto the Subleased Premises or the delivery, agentsplacement, licenseesinstallation, or inviteespresence of its tenant improvements, from any cause whatsoeverfurniture, occurring upon or about the Premisesfixtures, furnishings, equipment, cabling and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or materials furnished or obligations incurred by or for Lessee. Lessee will discharge any such lien of record immediately upon its filing. (e) Lessee agrees that it is liable to Lessor for any damage personal property, except to the Premises extent that such loss or to any portion of the work in the Premises damage is caused by Lessee Sublandlord's willful misconduct or any gross negligence or the willful misconduct or gross negligence of LesseeSublandlord's contractors, agents or employees, agents, licensees, or invitees.

Early Access. Lessor shallProvided the same does not interfere with completion of the Tenant Improvements, as reasonably determined by Sublandlord, Subtenant may, up to twenty-eight (28) days prior to the Commencement Date, enter the Sublet Portion for the sole and exclusive purpose of installing its furniture, equipment and other personal property. Notwithstanding the foregoing, (i) such entry shall be subject to the following terms and conditionsconditions of this Sublease, permit Lesseeprovided that Subtenant shall not be required to pay Base Rent, and Lessee's agents, to enter Expenses or the Premises Subtenant TI Cost Reimbursement for any entry or possession during such period before the seventy-five (85) day period prior to the Estimated Commencement Date: (a) Lessee shall give Lessor reasonable prior written notice of such access to the Premises, which notice must contain or be accompanied by: (i) a description and schedule except for the work to be performed in the Premisescost of services requested by Subtenant (e.g. after hours HVAC service); (ii) Subtenant shall not conduct its business from the names and addresses Sublet Portion during the period of all contractors performing such work; entry, (iii) copies such entry shall be subject to such rules and regulations as Master Landlord and Sublandlord may reasonably promulgate and Subtenant shall ensure that any architect, engineer, designer, contractor and ▇▇▇▇▇▇▇ employed by Subtenant observes such rules, and prior to commencement of all contracts pertaining to any work in the performance Sublet Portion, makes appropriate arrangements with Sublandlord, particularly with respect to: material and equipment storage; time and place of such deliveries; hours of work and coordination of work; power, heating and washroom facilities; scheduling; security; and clean-up; and (iv) copies of all licenses and permits required in connection with the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claims, costs, expenses, damages, suits, (b) Such early access is subject to reasonable scheduling by Lessor. (c) Lessee's agents, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas of the Building, and in the general operation of the Building. If at any time such entry shall cause be at Subtenant’s risk and Sublandlord shall have no liability for any loss, damage or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee. (d) In the event that Lessor's work in the Premises and Lessee's work in the Premises (pursuant to the permission granted herein) progress simultaneously, Lessor shall not be liable for injury to any person Subtenant’s personal property, equipment, employees or for damage to any property of Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon agents which may be on or about the PremisesSublet Portion during the period of such entry and, and Lessee shall indemnify and save Lessor harmless except for any injury to Subtenant’s employees or agents to the extent caused the negligence or willful misconduct of Sublandlord, Subtenant hereby releases Sublandlord from any and all liability and claims arising out of or connected claim with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting respect thereto from any work or materials furnished or obligations incurred by or for Lessee. Lessee will discharge any such lien of record immediately upon its filingwhatever cause. (e) Lessee agrees that it is liable to Lessor for any damage to the Premises or to any portion of the work in the Premises caused by Lessee or any of Lessee's employees, agents, licensees, or invitees.

Early Access. Lessor shall, subject to Subtenant shall have the following terms and conditions, permit Lessee, and Lessee's agents, right to enter the Demised ------------ Premises during the seventy-five (85) day period prior to the Estimated Commencement Date: (a) Lessee shall give Lessor reasonable prior written notice Date following full execution of such access to this Sublease, for the Premises, which notice must contain or be accompanied by: purpose of (i) a description testing the equipment in the Building; (ii) commencing Subtenant's Work in the Demised Premises and schedule in other areas of the Building and (iii) to test Subtenant's equipment and systems installed in the Building and the Demised Premises. Notwithstanding the foregoing, Subtenant shall not commence any of Subtenant's Work in the Demised Premises until after obtaining the consent of Sublandlord and Prime Landlord of plans and specifications for same. Subtenant shall abide by all terms of this Sublease during its early entry, other than those terms relating to the payment of any rental amounts. Subtenant shall indemnify and save Sublandlord harmless from and against all loss and damage, including damage to person, persons or property, to the extent same arises from any act or negligence of Subtenant's employees, contractor or any of its subcontractors, or the agents or employees of any of same while they are engaged in the performance of any work within the Demised Premises, or while in or about the Building, arising from any liens or claims for services rendered or labor or materials furnished in or for the performance of Subtenant's Work or arising from any accident or injury. Prior to the initial entry into the Building or the Demised Premises by Subtenant and the performance of any work therein, Subtenant shall furnish Sublandlord, at Subtenant's sole cost, a certificate of insurance from Subtenant and Subtenant's contractors and subcontractors, naming Sublandlord as an additional insured, in the coverage and amounts reasonably required by Sublandlord. Subtenant acknowledges and agrees that none of the above-described work or early entry shall interfere with or delay in any manner any work to be performed in the Premises; (ii) the names and addresses of all contractors performing such work; (iii) copies of all contracts pertaining to the performance of such work; (iv) copies of all licenses and permits required in connection with the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claimsby Sublandlord under this Sublease. Further, costs, expenses, damages, suits, (b) Such early access is subject to reasonable scheduling by Lessor. (c) Lessee's agents, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas of the Building, and in the general operation of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee. (d) In the event that Lessor's work in the Premises and Lessee's work in the Premises (pursuant to the permission granted herein) progress simultaneously, Lessor Subtenant shall not be liable charged by Sublandlord for injury to the use of any person or for damage to any property of Lesseefreight elevators, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such injury or damage. Lessee will not permit any lien on any part of the Building allegedly resulting from any work or materials furnished or obligations incurred by or for Lessee. Lessee will discharge any such lien of record immediately upon its filing. (e) Lessee agrees that it is liable to Lessor for any damage access to the Premises Building's loading docks, utility usage or the use of any other Building facilities or services during the initial planning and subsequent construction of Subtenant's Work, nor its move-in process to any portion of the work in the Premises caused by Lessee or any of Lessee's employees, agents, licensees, or inviteesDemised Premises.

Early Access. Lessor shall, subject Subtenant and the consultants Subtenant engages to provide the following terms and conditions, permit Lessee, and Lessee's agents, Subtenant’s Plans shall have the right to enter the Subleased Premises during from and after the seventy-five (85) day period prior Effective Date upon reasonable notice to the Estimated Commencement Date: Sublandlord for the sole purpose of preparing the Subtenant’s Plans. In addition, Subtenant shall have the right to access and occupy the Subleased Premises from and after the later of: (a) Lessee the Plan Approval Date; or (b) December 1, 2017 (the “Early Access Date”), solely for purposes of performing Subtenant’s Work and early entry for such purposes shall give Lessor reasonable prior written notice of such access to not trigger the Premises, which notice must contain or be accompanied by: Commencement Date. Subtenant agrees (i) a description and schedule for the work to any such early entry by Subtenant shall be performed in the Premises; at Subtenant’s sole risk, (ii) Subtenant shall not unreasonably interfere with Sublandlord or other tenants in the names and addresses of all contractors performing such work; Building, (iii) copies Subtenant shall comply with and be bound by all provisions of all contracts pertaining to the performance Sublease during the period of any such work; early entry, except for the payment of Gross Rent and Additional Rent, (iv) copies prior to entry upon the Subleased Premises by Subtenant, Subtenant agrees to pay for and provide to Sublandlord certificates evidencing the existence and amounts of all licenses and permits required in connection liability insurance carried by Subtenant, which coverage must comply with the performance provisions of such work; and the Sublease relating to insurance, (v) certificates of insurance Subtenant and instruments of indemnification its agents and contractors agree to comply with all laws required to perform its work during the early entry on the Subleased Premises, and (vi) Subtenant agrees to indemnify, protect, defend (with counsel selected by Sublandlord) and save Sublandlord and Prime Landlord and their respective employees, agents, contractors, managers, members, and representatives harmless from and against any and all claimsliens, liabilities, losses, damages, costs, expenses, damagesdemands, suits, (b) Such early access is subject to reasonable scheduling by Lessor. (c) Lessee's agentsactions, contractors, workers, mechanics, suppliers, and invitees must work in harmony and not interfere with Lessor and Lessor's contractor in doing work in the Premises, in other premises, and common areas causes of the Building, and in the general operation of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, including labor disharmony, Lessor may withdraw its permission upon written notice to Lessee. (d) In the event that Lessor's work in the Premises and Lessee's work in the Premises (pursuant to the permission granted herein) progress simultaneously, Lessor shall not be liable for injury to any person or for damage to any property of Lessee, Lessee's employees, agents, licensees, or invitees, from any cause whatsoever, occurring upon or about the Premises, and Lessee shall indemnify and save Lessor harmless from any and all liability action and claims (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of the early entry, use, construction, or connected with any such injury or damage. Lessee will not permit any lien on any part occupancy of the Building allegedly resulting from any work Subleased Premises by Subtenant or materials furnished or obligations incurred by or for Lessee. Lessee will discharge any such lien of record immediately upon its filing. (e) Lessee agrees that it is liable to Lessor for any damage to the Premises or to any portion of the work in the Premises caused by Lessee or any of Lessee's employees, agents, licenseesemployees or contractors. To the extent in Sublandlord’s possession or control, or inviteesSublandlord will provide a set of “as built” drawings to Subtenant at no cost promptly after the Effective Date.