Common use of Early Access Clause in Contracts

Early Access. Subject to the terms herein and Tenant's compliance with all applicable Laws, Tenant shall have reasonable access to the New Premises (“Early Access”) during completion of the Leasehold Improvements to coordinate installation of Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’ s Early Access does not interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord's instructions and directions so that Tenant’ s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’ s work delaying Landlord's ability to obtain its permits, shall be deemed a Tenant Delay.

Early Access. Subject to the terms herein and Tenant's ’s compliance with all applicable Laws, Tenant shall have reasonable access to the New Premises or any portion thereof (“Early Access”): (i) during completion of the Leasehold Improvements to coordinate installation of Tenant’ s ’s cabling and during the 2-week period immediately wiring; and (ii) no less than fourteen (14) days prior to Substantial Completion to install its coordinate installation of Tenant’s furniture, fixtures, fixtures and equipmentequipment to the extent such installation is allowed by the City of Austin prior to issuance of a certificate of occupancy; provided in any such case Tenant’ s ’s Early Access does not unreasonably interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their applicable permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord's ’s reasonable instructions and directions so that Tenant’ s ’s early entry does not unreasonably interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’ s ’s work delaying Landlord's ’s ability to obtain its permits, shall be deemed a Tenant Delay.

Early Access. Subject to Provided that Tenant does not materially interfere with or materially delay the terms herein and Tenant's compliance with all applicable Lawscompletion by Landlord or its agents or contractors of Landlord’s Work, Tenant shall have reasonable access the right to enter the Premises during the thirty (30) day period prior to the New Premises Commencement Date, during normal business hours and without payment of Annual Fixed Rent or Additional Rent (“Early Access”as hereinafter defined), for the purpose of installing equipment, telecommunications and data wiring and cabling, furniture and similar items; and such entry shall be made in compliance with all terms and conditions of this Lease (except as set forth herein) during and the Rules and Regulations then in effect for the Building and shall be coordinated with Landlord’s building manager. Such right of entry shall be deemed a license from Landlord to Tenant, and any entry thereunder shall be at the risk of Tenant. For the avoidance of doubt, any delays caused in the completion of Landlord’s Work arising directly or indirectly from the Leasehold Improvements entry by Tenant to coordinate installation of Tenant’ s cabling and during the 2-week period immediately prior Premises pursuant to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’ s Early Access does not interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord's instructions and directions so that Tenant’ s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’ s work delaying Landlord's ability to obtain its permits, hereof shall be deemed a Tenant Delay., subject to any applicable notice and cure period. Provided that Tenant has not begun operating its business from the Premises, and subject to all of the terms and conditions of this Lease, the foregoing activity shall not constitute the delivery of possession of the Premises to Tenant and the Term shall not commence solely as a result of said activities. Prior to entering the Premises Tenant shall obtain all insurance it is required to obtain by the Lease and shall provide certificates of said insurance to Landlord

Early Access. Subject to the terms herein and Tenant's ’s compliance with all applicable Laws, Tenant shall have reasonable access to the New Demised Premises (“Early Access”) during completion the period from the date hereof until the Commencement Date of the Leasehold Improvements to coordinate installation of Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion Lease to install its (i) telecommunications equipment, including without limitation, cabinets, electronic equipment, cabling, wiring, computers and telephone systems and (ii) improvements, furniture, fixtures, equipment and equipmentother personal property; provided in any such case Tenant’ s ’s Early Access does not unreasonably interfere with, or unreasonably delay completion of Landlord’s work (as set forth in Section 33 of the Leasehold ImprovementsLease) in the Demised Premises, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant's Early Access to the Demised ​ ​ ​ Premises shall be subject to all of the terms and obligations of the Lease, including the insurance and indemnity provisions, except that Tenant shall not be fully responsible for all costs related required to Early Access. All insurancepay Fixed Annual Rent, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect Fixed Monthly Rent or Additional Rent during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord's ’s instructions and directions so that Tenant’ s early entry ’s Early Access does not interfere with or delay any work to be performed by Landlord. Any delay resulting It is understood and agreed, that Tenant shall have no right to commence business operations (it being agreed the above-described activities by Tenant do not constitute a commencement of business operations or occupancy of the Demised Premises) in or from Early Access, including without limitation due any portion of the Demised Premises prior to a Tenant vendor’ s work delaying Landlord's ability to obtain its permits, shall be deemed a Tenant Delay.the Commencement Date. ​

Early Access. Subject Tenant shall be permitted to enter the Premises prior to the terms herein and Commencement Date (the "Early Access Period") for purposes of installing Tenant's compliance with all applicable Lawscabling, Tenant shall have reasonable access to the New Premises (“Early Access”) during completion of the Leasehold Improvements to coordinate installation of Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its security system, furniture, fixtures, fixtures and equipment; provided in any such case provided, however, that Tenant’ s 's entry into the Premises during the Early Access does not interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant Period shall be fully responsible for all costs related subject to Early Access. All insurance, waiver, indemnity, and alteration provisions conditioned upon Tenant's coordination of the Lease shall be in full force such entry with Landlord and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements Landlord's general contractor(s) so as not to delay completion Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with 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 with the purpose of attempting to avoid any delay in 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 all of the Leasehold Improvements terms and conditions of this Lease. Tenant will not be obligated to pay rent during the Early Access Period. In no event shall Tenant or Tenant's employees, agents, consultants, contractors 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 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, agents, consultants, contractors and manager from and against any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writingclaims of loss, and shall comply with Landlord's instructions and directions so that Tenant’ s early entry does not interfere with damage or delay any work injury to be performed by Landlord. Any delay resulting from Early Accesspersons or property, including without limitation due any product inventory, which is alleged to a Tenant vendor’ s work delaying Landlord's ability to obtain its permitshave occurred during such period of early access. Landlord makes no representation or warranty about safety of the Premises during any period of early access, shall as construction and other activities may be deemed a Tenant Delayongoing.

Early Access. Subject Notwithstanding anything to the terms herein contrary contained herein, commencing as of the date that is [***] prior to the Commencement Date, Landlord shall permit Tenant and Tenant's compliance with all applicable Laws, Tenant shall have reasonable access ’s agents and contractors to enter the New Premises (“Early Access”) during completion solely for purposes of allowing Tenant (i) to perform basic troubleshooting of existing ethernet cables (which may include popping open ceiling tiles and tracing existing cables to ensure good working order), (ii) inspecting and troubleshooting existing IT items inside the server room/IDF, (iii) running ISP check and diagnostics, and (iv) running new ethernet cables (“Fit-Up Work”). Any such entry into and occupation of the Leasehold Improvements Premises by Tenant shall be deemed to coordinate installation be under all of the terms, covenants, conditions and provisions of the Lease, including, without limitation, the Tenant’ s cabling ’s covenant to refrain from conducting business or operations in the Premises for the Permitted Use, as well as the obligations of Tenant with respect to indemnification and during insurance, except only as to the 2-week period immediately prior covenant to Substantial Completion pay Rent. Without limiting the foregoing, Tenant shall not be allowed Early Access unless and until Tenant has provided Landlord with the certificate(s) of insurance evidencing the insurance coverages that Tenant is obligated to install its furniture, fixtures, and equipment; provided maintain pursuant to this Lease. Landlord shall not be liable in any such case Tenant’ s Early Access does not interfere withway for any injury, loss or delay completion damage to any Fit-Up Work, whether before or after the Commencement Date, as defined in the Lease, unless directly caused by a negligent act or omission of Landlord. The commencement of business operations or use of the Leasehold Improvements, and Premises by Tenant first provides Landlord with a certificate of insurance as required or any Tenant Party for any activities or uses other than the Fit-Up Work shall trigger the Commencement Date under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord's instructions and directions so that Tenant’ s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’ s work delaying Landlord's ability to obtain its permits, shall be deemed a Tenant Delay.

Early Access. Subject Tenant shall be permitted to enter the Premises prior to the terms herein and Tenant's compliance with all applicable Laws, Tenant shall have reasonable access to Commencement Date (the New Premises (“Early AccessAccess Period”) during completion for purposes of the Leasehold Improvements to coordinate installation of installing Tenant’ s cabling and during the 2-week period immediately prior to Substantial Completion to install its ’s cabling, security system, furniture, fixtures, fixtures and equipment; provided in any such case provided, however, that Tenant’ s ’s entry into the Premises during the Early Access does not interfere with, or delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant Period shall be fully responsible for all costs related subject to Early Access. All insurance, waiver, indemnity, and alteration provisions conditioned upon Tenant’s coordination of the Lease shall be in full force such entry with Landlord and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements Landlord’s general contractor(s) so as not to delay completion Substantial Completion, Tenant providing Landlord with copies of certificates of insurance, complying in all respects with the terms of this Lease for all insurance required to be provided hereunder prior to entering the Premises, and Tenant complying with 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 with the purpose of attempting to avoid any delay in 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 all of the Leasehold Improvements terms and conditions of this Lease. Tenant will not be obligated to pay rent during the Early Access Period. In no event shall Tenant or Tenant’s employees, agents, consultants, contractors 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 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, agents, consultants, contractors and manager from and against any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writingclaims of loss, and shall comply with Landlord's instructions and directions so that Tenant’ s early entry does not interfere with damage or delay any work injury to be performed by Landlord. Any delay resulting from Early Accesspersons or property, including without limitation due any product inventory, which is alleged to a Tenant vendor’ s work delaying Landlord's ability to obtain its permitshave occurred during such period of early access. Landlord makes no representation or warranty about safety of the Premises during any period of early access, shall as construction and other activities may be deemed a Tenant Delayongoing.

Early Access. Subject to the terms herein and Tenant's ’s compliance with all applicable Laws, Tenant shall have reasonable access to the New Premises (“Early Access”) during completion of the Leasehold Improvements to coordinate installation of Tenant’ s ’s cabling and wiring and during the 230-week day period immediately prior to Substantial Completion to install its furniture, fixtures, and equipment; provided in any such case Tenant’ s ’s Early Access does not unreasonably interfere with, or unreasonably delay completion of the Leasehold Improvements, and Tenant first provides Landlord with a certificate of insurance as required under the Lease. Tenant shall be fully responsible for all costs related to Early Access. All insurance, waiver, indemnity, and alteration provisions of the Lease shall be in full force and effect during Early Access. Tenant shall ensure that its phone/data, security, and other vendors comply with all applicable Laws and pull their permits and perform their work in conjunction with the Leasehold Improvements so as not to delay completion of the Leasehold Improvements and any and all inspections therefor. Tenant and its contractors shall coordinate all activities with Landlord in advance and in writing, and shall comply with Landlord's ’s instructions and directions so that Tenant’ s ’s early entry does not interfere with or delay any work to be performed by Landlord. Any delay resulting from Early Access, including without limitation due to a Tenant vendor’ s ’s work delaying Landlord's ’s ability to obtain its permits, shall be deemed a Tenant Delay.