Common use of Early Access Clause in Contracts

Early Access. 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 Exhibit D of the Lease, Tenant shall 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 the Second Amendment to Lease (“Early Access Premises”) prior to the Commencement Date for Tenant to use the Early Access Premises for staging in connection with ▇▇▇▇▇▇’s construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises prior to the Commencement Date shall be subject to all of the terms and obligations of the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access 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 of the Lease unless Tenant commences its regular business activities therefrom.”

Early Access. Following Subject to Tenant’s adherence to any scheduling protocols required by Landlord, Tenant shall have the right to enter the Premises following the later to occur of (a) June 1, 2015 and (b) Landlord’s (i) execution and delivery of this Lease, (ii) receipt of the installment of Base Rent for Lease Month 7 of the Term and the first monthly installment of Additional Rent for Expenses and Taxes, (iii) receipt of the Security Deposit, the Landlord’s receipt of a temporary certificate which is hereby acknowledged, and (iv) receipt of occupancy the insurance required in connection therewith pursuant to Article 14 of this Lease) to install Tenant’s furniture and equipment and perform the Tenant’s Work. During the period commencing on the date that Tenant enters onto the Premises in accordance with the prior sentence until the Commencement Date (the “Early Access Period”), Tenant shall comply with all terms and provisions of this Lease (including, without limitation, Article 13 and Article 14 of this Lease), except those provisions requiring the payment of Base Rent or Additional Rent for the Premises from (except as otherwise set forth hereinabove), and except that Tenant shall be responsible for the City of Irvine, Tenant’s payment of all deposits due under the Lease, utilities consumed by Tenant in and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of for the Premises consisting of approximately 30,562 rentable square feet as shown on the Exhibit A-1 attached to the Second Amendment to Lease (“during such Early Access Premises”) prior Period. Tenant expressly agrees that neither it nor any of its agents, contractors, workmen, mechanics, suppliers or invitees shall enter the Premises unless and until each of them shall furnish such assurances to the Commencement Date for Tenant Landlord, including, but not limited to, insurance coverages, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to use the Early Access Premises for staging in connection with ▇▇▇▇▇▇’s construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises prior to the Commencement Date shall be subject to all of the terms and obligations of the Leaseprotect Landlord against any loss, including the indemnity provisions thereincasualty, except that during such periodliability, the Basic Rent for the Early Access 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 of the Lease unless Tenant commences its regular business activities therefromliens or claims.”

Early Access. Following Landlord’s receipt of a temporary certificate of occupancy (a) The Landlord grants licence to the Tenant to enter the Demised Premises for the Premises from purpose only of enabling 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 Exhibit D of the Lease, Tenant shall 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 the Second Amendment to Lease (“Early Access Premises”) prior to the Commencement Date for Tenant to use carry out and complete the Early Access Premises for staging Works (but not any other works) provided that the Tenant provides sufficient evidence to the Landlord that the Tenant has complied with its obligations in connection respect of insurance in accordance with ▇▇▇▇▇▇’s construction Clause 3.9. (b) The Tenant may but shall not be obliged to commence the Early Access Works prior to completion of the Licence for Alterations and shall not carry out the Early Access Works until it has received the Landlord’s approval of the relevant Method Statement. If in compliance with this Clause 3.14, the Tenant Improvements commences the Early Access Works prior to completion of the Licence for Alterations, the Tenant shall cause the same to be carried out and completed: (as defined i) at its own expense; (ii) with due diligence and without delay; (iii) in Exhibit X attached to a good and workmanlike manner using sound materials of good quality; (iv) by the Lease). Tenant’s access Works Contractor and/or the Tenant’s Professional Team and their subcontractor agents and employees; (v) in accordance with good design practice; (vi) in accordance with the Tenant’s Works Scope and Plans and/or Strip Out Specification insofar as they relate to the Early Access Premises prior Works; (vii) in compliance with all Necessary Consents relating to the Commencement Date shall be subject to all of the terms and obligations of the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access Premises shall be $42,786.80 per month Works, which the Tenant will apply for and use reasonable endeavours to obtain; (based on $1.40 per rentable square foot viii) in compliance with the Construction (Design and Management) Regulations 2007; and (ix) in compliance with the relevant Method Statement. (c) In relation to the carrying out of the Early Access Works the Landlord will permit such entry on the same terms as Clause 3.14(b) to: (i) the Tenant’s Works Contractor and such contractor’s sub-contractors, agents and employees; and (ii) the Tenant’s Professional Team, such licence including permission to bring onto the Demised Premises such plant, equipment and materials as are required for such purpose. (d) The licence so granted does not confer on the Tenant or any other person any estate, right, title or interest in the Demised Premises. (e) pro-rated In exercising its rights granted under the licence in this Clause 3.14 the Tenant covenants with the Landlord that: (i) it will not do or omit to do anything on a per diem basisthe Demised Premises or the Building which conflicts with or breaches any statutory requirement; and (ii) it will not do or omit to do anything on or at the Demised Premises or the Building which might make void or voidable any insurance policy which has been disclosed to the Tenant affecting the Demised Premises or the Building. (f) The Tenant acknowledges that the Demised Premises and the access to the Demised Premises are not secure and the Landlord will have no liability should any unauthorised person obtain access to the Demised Premises. (g) Any works which the Tenant or the Tenant’s Works Contractor(s) carry out to the Demised Premises pursuant to this Clause 3.14 will be at the Tenant’s sole risk, and “Tenant’s Share” will be carried out strictly in accordance with the terms of “Operating Expenses” Clause 3.14. (as defined in Exhibit B attached h) The Tenant will indemnify the Landlord and keep the Landlord indemnified against all liability for injury to persons or damage to the LeaseDemised Premises and/or the Building and against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability whatsoever arising in any way directly or indirectly from: (i) for the provisions of this Clause 3.14; or (ii) from the Early Access Works; or (iii) any breach by the Tenant of the provisions of this Clause 3.14. (i) The licence granted to the Tenant shall terminate on the earlier of the following: (i) the date of determination of this Agreement; (ii) the date of the completion of the Lease; and (iii) the occurrence of a Tenant’s Default which has been notified in writing to the Tenant and which has not been remedied to the reasonable satisfaction of the Landlord within a reasonable period bearing in mind the nature of the Tenant’s Default. (j) On the termination of the licence granted to it pursuant to this Clause 3.14 (save in the circumstances set out in Clause 3.14(i)(ii): (i) the Tenant will vacate and remove from the Demised Premises shall be “fixed” at its own effects and those belonging to the amount of $7,640.50 per monthTenant’s contractors, based on $0.25 per rentable square foot of agents and invitees; and (ii) remove from the Demised Premises the materials and equipment used to effect the Early Access Premises, Works; and (iii) reinstate the Demised Premises to the condition they were in on the date the Tenant entered the Demised Premises pursuant to the licence set out in this Clause 3.14 to the Landlord’s reasonable satisfaction. (k) Whilst the licence granted to the Tenant pursuant to this Clause 3.14 subsists (whether or not entry is actually taken by the Tenant) the Tenant shall be liable to observe and during such early access period perform the provisions same obligations as are imposed by the covenants and the conditions to be contained in Sections the Lease: (b), i) as if the Lease had been granted on the day the licence referred to in Clause 3.14(a) took effect; and (c), (d), and (eii) of said Exhibit B provided that sums due from the Tenant to the Landlord shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date paid and accepted by way of the Lease unless Tenant commences its regular business activities therefromlicence fee.”

Early Access. Following Landlord’s receipt of a temporary certificate of occupancy for Lessor shall, subject to the following terms and conditions, permit Lessee, and Lessee's agents, to enter the Premises from during 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 Exhibit D of the Lease, Tenant shall 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 the Second Amendment to Lease seventy-five (“Early Access Premises”75) day period prior to the Estimated Commencement Date 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 Tenant the work to use be performed in the Early Access Premises for staging 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 ▇▇▇▇▇▇’s construction the performance of such work; and (v) certificates of insurance and instruments of indemnification against all claims, costs, expenses, damages, suits, Initials: _______ Initials: _______ 51 fines, penalties, actions, causes of action, and liabilities which may arise in connection with such work. Each of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises prior to the Commencement Date foregoing shall be subject to all Lessor's approval, which approval shall not be arbitrarily withheld. Notwithstanding the foregoing, Lessor agrees not to unreasonably withhold its consent with respect to Items (i) through (v) of this Paragraph 52(a) related to the installation by SDI Industries of Lessee's material handling system in the distribution center portion of the terms Premises. (b) Such early access is subject to reasonable scheduling by Lessor. (c) Lessee's agents, contractors, workers, mechanics, suppliers, and obligations 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 LeaseBuilding, 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 indemnity provisions therein, except event that during such period, Lessor's work in the Basic Rent for Premises and Lessee's work in the Early Access 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 pursuant to the Leasepermission 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 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 Lessee shall indemnify and save Lessor harmless from any and all liability and claims arising out of or connected with any such early access period injury or damage. Lessee will not permit any lien on any part of the provisions contained in Sections (b), (c), (d), and 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) of said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access Lessee agrees that it is liable to Lessor for any damage to the Early Access Premises trigger the Commencement Date or to any portion of the Lease unless Tenant commences its regular business activities therefromwork in the Premises caused by Lessee or any of Lessee's employees, agents, licensees, or invitees.”

Early Access. 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, Landlord shall grant to Tenant and Tenant’s delivery of proper evidence of insurance pursuant agents a license to Exhibit D of enter the Lease, Tenant shall 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 the Second Amendment to Lease (“Early Access Premises”) prior to the Commencement Date for Tenant to use the Early Access Premises for staging in connection with ▇▇▇▇▇▇’s construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises prior to the Commencement Date in order that Tenant may do other work required by Tenant to make the Premises ready for Tenant’s use and occupancy. It shall be a condition to the grant by Landlord and continued effectiveness of such license that: (i) Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such access to the Premises, which notice shall contain and/or shall be accompanied by: (A) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (B) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (C) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (D) copies of all plans and specifications pertaining to the work for which such access is being requested; (E) copies of all licenses and permits, if any, required in connection with the performance of the work for which such access is being requested; (F) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with such work; and (G) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. (ii) Such early access shall be subject to scheduling by Landlord. (iii) Tenant’s agents, contractors, workmen, mechanics, suppliers and invitees shall work in harmony and not interfere with Landlord and Landlord’s agents in performing Landlord’s Work, Tenant’s Work, Landlord’s work in other premises and in common areas of the Building, or the general operation of the Building. If at any time such entry shall cause or threaten to cause such disharmony, Landlord may withdraw such license upon forty-eight (48) hours’ prior written notice to Tenant. Any such entry into and occupation of the Premises by Tenant shall be deemed to be under all of the terms terms, covenants, conditions and obligations provisions of the Lease, excluding only the covenant to pay Base Rent and Adjustment Rent and specifically including the indemnity provisions thereinof Sections 9, except that during such period10C and 11 thereof. Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work or installations made in the Premises or to property placed therein prior to the commencement of the Term, the Basic Rent same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to the Premises or to any portion of Tenant’s Work caused by Tenant or any of Tenant’s employees, agents, contractors, workmen or suppliers. In the event the performance of the work by Tenant, its agents, employees or contractors causes extra costs to Landlord, Tenant shall reimburse Landlord for the Early Access 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 of the Lease unless Tenant commences its regular business activities therefromentire extra cost.”

Early Access. Following Tenant shall be responsible for installing, at Tenant’s sole cost and expense, any and all work (other than Landlord’s receipt of a temporary certificate of occupancy Work) for the Premises from MMR Expansion Space (collectively, the City of Irvine, “Additional Alterations”). Tenant’s payment right to perform the Additional Alterations shall be subject to Landlord’s prior written approval of all deposits due under the Leaseplans 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. Landlord shall respond to a request by Tenant for Landlord’s consent to the plans and specifications for the Additional Alterations and the contractors who will perform the Additional Alterations within ten (10) business days after such a request Tenant and its contractors, subcontractors, space planner/interior architect, engineers, consultants, vendors, suppliers and other representatives, and Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Leasetheir respective employees, Tenant shall be permitted to access a portion of enter the Premises consisting of approximately 30,562 rentable square feet as shown on the Exhibit A-1 attached to the Second Amendment to Lease MMR Expansion Space (“Early Access PremisesAccess”) at least thirty (30) days prior to the Commencement MMR Expansion Space Completion Date (the “Early Access Period”) for Tenant the purposes of inspecting same, for performing the Additional Alterations, as well as installing fixtures and equipment (including, but not limited to, telephone, communications and computer equipment, further including wiring and cabling for same). Any such permission shall constitute a license only, conditioned upon Tenant’s: (a) working in harmony with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; and (b) furnishing Landlord with such insurance as Landlord may reasonably require against liabilities which may arise out of such entry. Notwithstanding anything in this Lease to use the contrary, the Early Access Premises for staging in connection with ▇▇▇▇▇▇’s construction of the Tenant Improvements (as defined in Exhibit X attached Period may be reduced by Landlord to the Lease). Tenant’s access to the extent such Early Access Premises prior materially interferes with Landlord’s ability to the Commencement Date shall be subject to all of the terms and obligations of the Lease, including the indemnity provisions therein, except that during such period, the Basic Rent for the Early Access 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 “Tenantcomplete Landlord’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 of the Lease unless Tenant commences its regular business activities therefromWork.”