Common use of Early Entry Clause in Contracts

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to the provisions of Paragraph 47Exhibit D hereof, ("Tenant Interior ----------- Improvements") Landlord shall permit Tenant and its agents to enter the Premises upon the full and contractors shall final execution of this Lease by Landlord and Tenant in order that Tenant may perform any work to be permitted performed by Tenant hereunder through its own contractors, subject to Landlord’s prior written approval, and otherwise in accordance with the requirements of Section 7.3 of this Lease. The foregoing license to enter the Premises prior to the Commencement Date for is however, conditioned upon the purpose of installing at compliance by Tenant's sole cost and expense’s contractors with all requirements imposed by Landlord on third party contractors, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of including without limitation the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work maintenance by Tenant and its agents 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 Premises pursuant provisions of the Lease except as to this Paragraph 44 the covenants to pay rent. Landlord shall (i) not be undertaken 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 sole ’s risk, (ii) not interfere --------- with or delay Landlord's . The failure of Tenant’s contractors to complete any work in the Premises (if any), and (iii) shall not be deemed occupancy or possession of extend the Premises for purposes Commencement Date of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby except if the generality Tenant’s contractors do not complete work on time due to the fault of the foregoing, injury Landlord to or death of persons and damage to or loss of property arising out of the exercise by timely notify Tenant of any early approvals or Landlord prevents Tenant from entering the Premises to complete such work, the Commencement Date of the Lease shall be extended by one day for each day of delay solely caused by the Landlord. Landlord may withdraw such permission to enter the Premises prior to the Commencement Date at any time that Landlord reasonably determines that such entry right granted hereunder. In the event Tenant's work in said Premises delays by Tenant is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of at the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantearliest possible date.

Early Entry. Subject No less frequently than is provided in the Construction Schedule, Landlord shall permit Tenant, Tenant’s employees and Tenant’s contractors which have been reasonably approved by Landlord to enter the Premises prior to Substantial Completion in order that Tenant may do work in addition to the provisions Landlord’s Work, including the installation of Paragraph 47fixtures, ("furniture, equipment and Tenant’s Tel/Data Work, as may be desired by Tenant Interior ----------- Improvements") to make the Premises ready for Tenant’s occupancy. Such entry shall be subject to the condition that Tenant and its Tenant’s contractors work in harmony and not interfere with Landlord, Landlord’s Contractor and their agents and contractors in doing their work or with any other tenants and occupants of the Building. If at any time such entry shall cause or threaten to cause such disharmony or interference, Landlord, in its reasonable discretion, shall have the right to withdraw and cancel such license upon twenty-four (24) hours written notice to Tenant and any further prior entry shall be permitted prohibited until Tenant shall have cured the source of any such disruption or disharmony. Tenant agrees that any entry into and any occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease (including, without limitation, Tenant’s compliance with the insurance requirements of Article 11 of this Lease), except Tenant shall have no obligation to pay the Monthly Installment of Rent or any form of additional rent until the Commencement Date unless Tenant has commenced the operation of its business in the Premises. In addition to any other conditions or limitations on such license to enter the Premises prior to the Commencement Date for the purpose Date, Tenant expressly agrees that neither it nor any of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry ’s contractors shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in enter the Premises pursuant prior to this Paragraph 44 the Commencement Date unless and until each of them shall (i) be undertaken at Tenant's sole riskfurnish such assurances to Landlord, (ii) including but not interfere --------- with or delay Landlord's work in the Premises (if any)limited to, insurance coverages, waivers of lien, surety company performance bonds and (iii) not be deemed occupancy or possession personal guaranties of the Premises for purposes individuals of the Lease. Tenant substance, as Landlord shall indemnify, defend, and hold reasonably require to protect Landlord harmless From against any and all loss, damagecasualty, liability, expense (including reasonable attorney's fees), claim liens or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantclaims.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computerswhich approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of construction of the Improvements which Landlord is required to construct pursuant to Exhibit "C". Such If Landlord permits Tenant to so enter upon the Premises, such entry shall be subject to all of the terms and conditions of this Lease, except that excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 4.E. below), and the duty to pay utility consumption costs and insurance. Tenant shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. At all times during Tenant's right of entry, Landlord and Tenant shall reasonably cooperate to refrain from interfering with the construction activities of the other party's personnel; provided, Landlord shall not be required to pay cooperate with Tenant if such cooperation results in a delay in completing the Improvements. In any Rent on account thereof. Any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry or installation work by Tenant and its agents in upon the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation Agents (as that term is defined in Subparagraph 29.G.) prior to pay Rent under the Lease would otherwise commence may be delayed because Commencement Date or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. If the entry by Tenant or Tenant's Agents upon the Premises prior to the Commencement Date interferes with Landlord's construction activities, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if such failure to comply causes a delay in completion of completing the construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry then the Commencement Date shall be deemed to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of have occurred on the date it the Improvements would otherwise have commenced absent been completed had there been no such delay caused by TenantTenant or its Agents.

Early Entry. Subject to the following provisions of Paragraph 47this Section 2.3, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted have the right to enter the Premises no earlier than fifteen (15) days prior to the Commencement Possession Date for the purpose of installing at Tenant's sole cost and expenseto install phone systems, Tenant's trade furniture, fixtures and equipment, telephone equipment, security systems etc. and cabling such early entry for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant such purposes shall not be required to pay any Rent on account thereofconstitute occupancy for operation of Tenant's business and shall not trigger the Possession Date or the Commencement Date. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall agrees (i) any such early entry by Tenant shall be undertaken at Tenant's sole risk, (ii) Tenant shall not interfere --------- with Landlord or delay Landlord's contractors completing work in within the Premises or cause any labor difficulties; Tenant, together with its employees, agents and independent contractors will be subject to and will work under the direction of Landlord's contractor, (if any)iii) Tenant shall comply with and be bound by all provisions of this Lease during the period of any such early entry except for the payment of Rent, (iv) prior to entry upon the Premises by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance, (v) Tenant and its agents and contractors agree to comply with all applicable laws, regulations, permits and other approvals required to perform its work during the early entry on the Premises, and (iiivi) not be deemed occupancy or possession of Tenant agrees to indemnify, protect, defend and save Landlord and the Premises for purposes of the Lease. Tenant shall indemnify, defend, harmless from and hold Landlord harmless From against any and all lossliens, damageliabilities, liabilitylosses, expense damages, costs, expenses, demands, actions, causes of action and claims (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoinglimitation, injury to or death of persons attorneys' fees and damage to or loss of property legal costs) arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion entry, use, construction, or occupancy of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed Premises by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with its agents, employees or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantcontractors.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Landlord will permit Tenant and its agents and contractors shall be permitted to enter the Leased Premises prior to the Commencement Date date the Leased Premises are ready for occupancy, in order that Tenant may perform through its own contractors such other work and decorations in and to the purpose Leased Premises as Landlord may approve in writing. The foregoing license to enter the Leased Premises prior to the date the same are ready for occupancy, however, is conditioned upon Tenant’s contractors working in harmony and not interfering with Contractor or any subcontractors. Such license is further conditioned upon workers’ compensation and public liability insurance and property damage insurance, all in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors and certificates of installing at Tenant's sole cost and expensesuch insurance being furnished to Landlord prior to Tenant proceeding with any work. Additionally, Tenant's trade fixtures ’s contractors must notify and equipmentcoordinate with Contractor for scheduling work in the Leased Premises, telephone equipment, security systems and cabling for computers. Such entry shall be subject prior to all completion of the terms and conditions Tenant Improvements. So long as normal day-to-day business activities of this LeaseTenant have not commenced during such early entry, except that Tenant shall not be required considered in occupancy of the Leased Premises. Landlord shall not be liable in any way for any injury, loss or damage which may occur to pay Tenant, its employees, contractors, agents, workmen and mechanics, or any Rent on account thereof. Any entry one or installation work by Tenant and its agents in more of them, or to any of Tenant’s decorations or installations so made prior to the Premises pursuant to this Paragraph 44 shall (i) be undertaken Commencement Date, the same being solely at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), ’s risk and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, indemnifies and agrees to hold Landlord harmless From from any and all lossclaims arising therefrom, damage, liability, expense (including reasonable attorney's fees), claim regardless of whether such claims or demand damages are based in whole or in part upon the negligence of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, Contractor or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes their respective employees, agents or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantcontractors.

Early Entry. Subject Following the full execution of this Lease, payment of all deposits due hereunder and delivery of proper evidence of insurance pursuant to the provisions of Paragraph 47Exhibit D hereof, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises in order that it may install its furniture, telephone systems and data cabling equipment. Tenant’s access to the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions obligations of this Lease, including the indemnity provisions herein, except that Tenant shall not be required to pay any Basic Rent during that period unless it commences its business activities in the Premises. The foregoing license to enter the Premises prior to the Commencement Date is however, conditioned upon the compliance by Tenant’s contractors with all requirements imposed by Landlord on account thereof. Any entry or installation work third party contractors, including without limitation the maintenance by Tenant and its agents 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 Premises pursuant provisions of the Lease except as to this Paragraph 44 the covenants to pay rent. Except as shall (i) be undertaken due to the negligence or willful misconduct of Landlord or its agents, contractors or employees, 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 sole ’s risk, (ii) not interfere --------- with or delay Landlord's . In no event shall the failure of Tenant’s contractors to complete any work in the Premises (if any), and (iii) not be deemed occupancy or possession of extend the Premises for purposes Commencement Date of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From may withdraw such permission to enter the Premises prior to the Commencement Date at any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise time that Landlord reasonably determines that such entry by Tenant of any early is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry right granted hereunder. In the event Tenant's work in said Premises delays by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of at the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantearliest possible date.

Early Entry. Subject to For the provisions of Paragraph 47period commencing on the Premises Delivery Date and continuing until the Commencement Date (“Early Entry Period”), ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors Sublessee shall be permitted have the right to enter the Subleased Premises prior to for purposes of constructing the Commencement Date for the purpose of Sublessee Improvements and installing at Tenant's sole cost and expenseits trade fixtures, Tenant's trade fixtures and furniture, equipment, telephone equipment, security systems cabling and cabling for computerswiring. Such early entry shall be subject to all of the terms and conditions of this LeaseSublease (including, without limitation, obligations relating to Sublessee’s insurance) except that Tenant shall not be required for the obligation to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in Rent; provided, however that during the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's period of Sublessee’s construction work in the Subleased Premises, Sublessee shall be obligated to pay all utilities costs for the Subleased Premises. Notwithstanding anything to the contrary contained in this Sublease, Sublessee shall not have the right to commence demolition in preparation for or construction of the Sublessee Improvements during the Early Entry Period in any portion of the Subleased Premises (if any)unless and until both Sublessor and Master Lessor have approved Sublessee’s plans for the Sublessee Improvements pursuant to the provisions of Section 14.B. below. Further, prior to the Premises Delivery Date, Sublessee shall have no right of possession or occupancy of the Subleased Premises, and (iii) Sublessor reserves the right to make any use of the Subleased Premises that is not be deemed occupancy or possession inconsistent with Sublessor’s obligation to deliver the Subleased Premises to Sublessee as of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Delivery Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject Upon Landlord’s prior written approval and subject to the provisions of this Paragraph 473.2, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises approximately thirty (30) days prior to the Commencement Date as estimated in the Basic Lease Terms for the limited purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersperforming the Tenant Improvements to the extent such work does not interfere with Xxxxxxxx’s Work (“Early Entry’’). Such entry Early Entry shall be subject to the following conditions: (i) prior to the date of Early Entry Tenant shall deliver to Landlord the certificate(s) of insurance required pursuant to Paragraph 12.2; (ii) Tenant and its agents, employees and contractors shall not interfere with the performance of Landlord’s Work; (iii) Tenant shall coordinate the timing of Tenant’s entry and work during the Early Entry period with Landlord’s employees and contractors; and (iv) Tenant shall comply in all respects with the provisions of Paragraph 2.3. If Landlord reasonably determines that Xxxxxx’s actions are interfering with Xxxxxxxx’s ability to complete Landlord’s Work, Landlord shall have the terms right to withdraw its permission for Early Entry upon twenty four (24) hours’ written notice to Tenant. Tenant shall be responsible for and conditions shall promptly repair any and all damage to the Premises or Landlord’s Work arising out of this Lease, except that Tenant Tenant’s Early Entry. Landlord shall not be required liable in any way for any injury, loss or damage which may occur to pay any Rent on account thereof. Any entry of Tenant’s property or installation work by Tenant and its agents installations in the Premises pursuant during the Early Entry period except to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided extent caused by Landlord’s gross negligence or willful misconduct. The Expiration Date shall be unchanged by such Early Entry. All provisions of this Lease shall be in effect from the date of Early Entry; however, if anyBase Rent, or in Operating Expenses and Taxes shall be abated untll the event Tenant has not completed construction of it's interior improvements by the scheduled Rent Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject If TENANT is permitted entry to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Leased Premises prior to the Commencement Date for the purpose of installing fixtures or any other purpose permitted by LANDLORD, the early entry will be at Tenant's TENANT’s sole cost risk and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions provisions of this LeaseLEASE as though the Commencement Date had occurred, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in for the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskpayment of rent, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease which will commence on the scheduled Commencement Date of January 1Date. TENANT, 1996 regardless of the construction status of said interior improvements completed its agents, or to be completed by Tenant employees will not interfere with or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in LANDLORD’s completion of construction of the Tenant Improvements due improvements. All rights of TENANT under this Section 3.2 will be subject to the requirements of all applicable building codes, zoning requirements, and federal, state, and local laws, rules, regulations and other Applicable Requirements, and shall be exercised solely in a manner which does not interfere with or delay LANDLORD’s compliance with any Applicable Requirements, including the obtaining of a certificate of occupancy for the Leased Premises. LANDLORD retains the absolute right, in Landlord’s sole discretion, to impose additional conditions on TENANT’s early entry which LANDLORD, in its sole discretion, deems appropriate. TENANT agrees, as conditions of such early entry: (i) to indemnify and to hold LANDLORD free and harmless from any act by Tenant which interferes with claims, damages or delays construction losses arising out of the Tenant Improvementssuch early entry into possession, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, and (ii) any changes, modifications and/or additions in to deliver to LANDLORD written proof of TENANT’s full compliance with the Tenant Improvements requested by Tenant and approved by Landlordinsurance provisions of this LEASE. LANDLORD may require that TENANT execute an early entry agreement confirming other conditions of early entry prior to the date of TENANT’s early entry (the “Early Entry Date”), or to refuse or terminate any right of early entry at any time. Notwithstanding any grant by LANDLORD to TENANT of permission to receive early entry to the Leased Premises: (iiia) special materials or equipment ordered or specified by Tenant that cansuch permission shall not be obtained deemed permission to make any use of any other portions of the project or common areas without the prior written consent of LANDLORD to such use; and (b) LANDLORD shall not have any obligations to maintain, repair or alter the Leased Premises, nor have any liability respecting the condition of the Leased Premises during such early entry period, except and unless specifically provided by Landlord at normal cost within written agreement hereafter made with respect to any early entry period. If TENANT commences to use the Leased Premises for its proposed use prior to the Commencement Date, then rent shall be paid on a reasonable pro rata basis during such period of time because of limited availabilityuse. It is TENANT shall transfer the intent of electrical utility into its responsibility prior to any early entry into the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantLeased Premises.

Early Entry. Subject to the provisions After receipt of Paragraph 47a Certificate of Insurance from Tenant, ("Landlord shall permit Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter upon the Premises prior to from and after the Commencement Date date of full execution of this Lease for the purpose of installing at Tenant's sole cost monitoring the planning and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction consisting of the Tenant ImprovementsInitial Installation by Landlord, including in accordance with the provisions of EXHIBIT C, installing its furniture, fixtures and telephone, internet and data communications cabling and wiring, excluding the conduct of its business. Such early entry shall be at Tenant's entry ’s sole risk and subject to install trade fixtures pursuant to Paragraph 44 all the terms and provisions hereof, (ii) except for the payment of Monthly Rent which shall commence on the date set forth in Paragraph 4.B. Whereupon certain Suites are currently occupied by other tenants, immediately upon vacation of such Suites by the existing tenants, Tenant will be granted access to such Suites. With respect to Suites not currently occupied by other tenants, Tenant will be granted access immediately upon execution of this Lease and provision of a Certificate of Insurance as set forth herein. Upon reasonable prior written notice to Landlord, and subject to Landlord’s completion of any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlordpursuant to EXHIBIT C with respect thereto, or Tenant will have the right to occupy Suite 2118 up to ninety (iii90) special materials or equipment ordered or specified by days prior to the Commencement Date. Should Tenant that cannot be obtained by Landlord at normal cost within a reasonable period request occupancy of time because of limited availability. It is Suite 2118 prior to the intent of Commencement Date, the parties hereto that will agree in writing upon a date certain for the commencement of such occupancy, and the rights and obligations of the Parties pursuant to this Lease with respect to Suite 2118, including, without limitation, Tenant's ’s obligation to pay Rent under with respect to Suite 2118, shall be effective upon the Lease not be delayed by any date of such causes or occupancy. Early occupancy by Tenant of any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as portion of the Premises, including Suite 2118, shall not cause the expiration date it would otherwise have commenced absent delay caused by Tenantof this Lease to be later or earlier than July 12, 2014.

Early Entry. Subject to the provisions of Paragraph 47, 41 ("Tenant Interior ----------- Improvements") ), Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 40 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January September 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this the Lease, except that Tenant governmental laws, rules and regulations and receipt of the Consent, Subtenant may enter into the Sublease Premises approximately two (2) weeks prior to the anticipated date of Sublandlord’s completion of Sublandlord’s Work, upon receipt of Sublandlord’s written consent, which consent shall not be required to pay any Rent on account thereof. Any entry unreasonably conditioned or installation work by Tenant withheld and its agents in shall be granted or denied within two (2) business days, for the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskpurpose of making improvements and installing furniture, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)telephones, computers, photocopy equipment, and (iii) other business equipment and similar items and related wiring and conduits. Such early entry will not be deemed occupancy or possession advance the Commencement Date so long as Subtenant does not commence business operations from any part of the Premises for purposes Sublease Premises. All of the Lease. Tenant provisions of this Sublease (and the Lease as incorporated herein) shall indemnify, defend, and hold Landlord harmless From apply to Subtenant during any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequentialearly entry, including, without limitation, the indemnities set forth in this Sublease (and the Lease as incorporated herein), but without limiting thereby excluding the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Basic Rent, Operating Expenses, Taxes and Insurance only unless and until Subtenant has commenced business operations in the Sublease Premises, whereupon the Commencement Date shall occur and Basic Rent under shall immediately commence. If Subtenant is granted early entry, Sublandlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Subtenant at the Sublease Premises or for any injury to Subtenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees, except to Sublandlord’s or its agents’, employees, contractors’, subcontractors’ or invitees’ negligence or willful misconduct. Sublandlord and Landlord shall have the right to post appropriate notices of non-responsibility and to require Subtenant to provide Sublandlord with evidence that Subtenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Sublease (and the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided incorporated herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant).

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents authorized agents, contractors, subcontractors and contractors employees shall be permitted granted a license by Landlord to enter upon the Premises Premises, at Tenant's sole risk and expense, at least ten (10) days prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipment, telephone equipment, security systems and cabling for computers. Such so long as such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) does not interfere --------- with or delay Landlord's work in the Premises or in the Project; provided, however, that (if anya) the provisions of this Lease (other than with respect to the payment of Monthly Rent or payment of Operating Expenses and Additional Rent for Operating Expenses (i.e. both Project Costs and Real Property Taxes)), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequentialapply during such early entry, including, but without limiting thereby not limited to, the generality provisions of Article XI relating to Tenant's indemnification of Landlord, (b) prior to any such entry, Tenant shall pay for and provide evidence of the foregoinginsurance to be provided by Tenant pursuant to the provisions of Article XI, injury (c) Tenant shall pay all separately metered utility, service and maintenance charges for the Premises attributable to or death of persons Tenant's early entry and damage to or loss of property arising out use of the exercise Premises as reasonably determined by Landlord, (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of any early entry right granted hereunder. In the event this Lease and payment in an amount equal to: (i) Monthly Rent and Tenant's work Share of estimated Operating Expenses for the first (1st) month) of the Term in said Premises delays which such amounts are due, plus (ii) the Security Deposit set forth in Item 10 of the Basic Lease Provisions, and (e) Tenant shall not interfere with the completion of the interior Tenant Improvements or Landlord's other improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction any way. Upon Tenant's breach of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless any of the construction status of said interior improvements completed or foregoing conditions, Landlord may, in addition to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by exercising any of its other rights and remedies set forth herein, revoke such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation license upon notice to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to the provisions of Paragraph 4745, ("“Tenant Interior ----------- Improvements"”) Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 55 shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Premises (if any)Premises, and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's ’s work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's ’s interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January August 1, 1996 1999 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior on the next business day after this Lease has been fully executed, and Tenant has delivered to Landlord the Commencement Date for the purpose certificate of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions insurance required under Paragraph 14(a) of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in for the Premises pursuant to this Paragraph 44 shall purposes of (i) be undertaken at Tenant's sole riskconstructing certain improvements to the Premises that have been approved by Landlord, (ii) not interfere --------- with or delay Landlord's work installing Tenant’s furniture, fixtures and equipment in the Premises (if any)and otherwise preparing the Premises for Tenant’s occupancy, and and/or (iii) not be deemed commencing occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnifyPremises, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any provided that Tenant’s early entry right granted hereunder. In the event Tenant's work in said Premises delays and/or occupancy does not interfere with the completion of the interior improvements Tenant Improvements. Such early entry and/or occupancy shall be at Tenant’s sole risk and subject to be provided by Landlordall the terms and provisions hereof, if anyexcept for the payment of Rent, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will which shall commence on the scheduled Commencement Date of January 1Date. Landlord shall have the right to impose such reasonable additional conditions on Tenant’s early entry and/or occupancy as Landlord shall deem appropriate, 1996 regardless including limiting the area of the construction status of said interior improvements completed or Premises to be completed by which Tenant or Landlord. Landlord and Tenant acknowledge that has the date on which Tenant's obligation right to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of access and/or occupy at any time during construction of the Tenant Improvements due Improvements. Tenant acknowledges that if Tenant elects to (i) any act by Tenant which interferes with or delays occupy a portion of the Premises during construction of the Tenant Improvements, including Tenant's entry ’s use of the Premises and/or the operation of Tenant’s business may be disrupted by such construction. Landlord and Tenant agree to install trade fixtures pursuant cooperate with each other to Paragraph 44 hereof, (ii) minimize any changes, modifications and/or additions in interference that Tenant’s occupancy may cause to the completion of the Tenant Improvements requested by Tenant and approved by LandlordImprovements. Landlord shall no have no liability to Tenant, however, for any disruption or (iii) special materials or equipment ordered or specified by Tenant inconvenience that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of such construction may cause to Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant’s business.

Early Entry. Subject to Notwithstanding the provisions fact that the term of Paragraph 47this Lease does not commence until the later of Substantial Completion of Landlord’s Work or December 1, ("2023, Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted have the right to enter into the Premises ten (10) business days prior to the Commencement Date occupancy, subject to all terms and conditions of this Lease, for the purpose installation of installing at Tenant's sole cost equipment and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersfixtures. Such The foregoing right of early entry shall be subject to each of the following terms and conditions: (a) Tenant's entry prior to the commencement of the Lease shall not materially interfere with the construction or completion of any Landlord's Work or cause labor difficulties; (b) Tenant's entry prior to the Lease Commencement Date shall be deemed to be on, and shall be subject to, all of the terms and conditions of this the Lease, except that Tenant shall not be required other than the obligation to pay any Basic Monthly Rent on account thereof. Any entry or installation work by and Additional Rent; (c) Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)must, and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall hereby does, agree to indemnify, defend, and hold harmless Landlord harmless From any and Landlord's agents, employees, and contractors against all loss, damageclaims, liability, expense and damages arising from Tenant's entry prior to the Lease Commencement Date in accordance with the indemnity provisions under the Lease; (including reasonable attorneyd) Tenant's feesentry prior to the Lease Commencement Date does not constitute the commencement of the Lease; and (e) Landlord will permit entry by Xxxxxx's contractors into the Premises for the purposes of performing Tenant's Work, if any (as defined in Exhibit "C"), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby prior to the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Lease Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless subject to satisfaction of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under conditions set forth in the Lease would otherwise commence may be delayed because and in Exhibit “C”, and (f) Tenant shall have provided proof of a delay in completion of construction of insurance (including early access insurance) to Landlord prior to accessing the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantPremises.

Early Entry. Subject Notwithstanding Section 8.2 or anything else to the contrary contained in this Amendment, but subject to the provisions of Paragraph 47this Section 8.4, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior Suite 100 Main Space, the Suite 100 Remainder Space and the Suite 200 Expansion Space, from and after the execution of this Amendment and before the applicable Effective Date, at its sole risk, in order to identify and assess items of repair that Tenant will need to make in the Commencement Date applicable portion of the Expansion Space, and for the purpose of making repairs, installing at Tenant's sole cost telecommunications and expense, Tenant's trade fixtures data cabling and equipment, telephone equipmentfurnishings and other personalty in the applicable portion of the Expansion Space. Other than the obligation to pay Base Rent and Tenant’s Pro Rata Share and Tenant’s Percentage of Property Expenses, security systems all of Tenant’s obligations under the Lease (as amended) shall apply during any period of such early entry. Notwithstanding the foregoing, Tenant acknowledges that the Expansion Space is and cabling may continue to be occupied by third parties up the applicable effective date(s), that Landlord has made no representation that any portion of the Expansion Space will be available to Tenant for computers. Such early entry shall be prior to the applicable Effective Date, and that Tenant’s rights hereunder are strictly subject to all the agreement and cooperation of any then existing tenant(s) and occupant(s) of the terms and conditions applicable portion of this Leasethe Expansion Space, except that each in its sole discretion. Landlord shall request the cooperation of the necessary third parties to provide Tenant with early entry to the Expansion Space, at no cost or risk to Landlord, but if Landlord is unable to secure such cooperation to the reasonable satisfaction of Landlord, Tenant shall not be required have the right of early entry set forth in this Section 8.4. Upon Landlord’s request, Tenant shall execute an access and indemnification agreement in a form acceptable to pay Landlord prior to any Rent on account thereofearly entry to the Expansion Space during any period in which the applicable portion of the Expansion Space is leased and/or occupied by a third party or third parties. Any entry In addition, Landlord may limit, suspend or installation work by Tenant and its agents in terminate Tenant’s rights to enter the Premises Suite 200 Expansion Space pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work Section 8.4 if Landlord reasonably determines that such entry is endangering individuals working in the Premises (if any), and (iii) not be deemed occupancy Suite 200 Expansion Space or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the is delaying completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantSuite 200 Demising Work.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises Buildings prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computerswhich approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of construction of the Improvements which Landlord is required to construct pursuant to EXHIBIT "C". Such If Landlord permits Tenant to so enter upon the Premises, such entry shall be subject to all of the terms and conditions of this Lease, except excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 5(d) below). Tenant shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. Tenant shall at all times while exercising its right of entry, refrain from interfering with the construction activities of Landlord's personnel. In any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry upon the Premises by Tenant or Tenant's Agents prior to the Commencement Date or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. If the entry by Tenant or Tenant's Agents upon the Premises prior to the Commencement Date interferes with Landlord's construction activities, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if the entry by Tenant prior to the Commencement Date causes a delay in completing the construction of the Improvements, then the Commencement Date shall be deemed to have occurred on the date the Improvements would have been completed had there been no such delay caused by Tenant or its a, employees, contractors or representatives. If Tenant does not immediately comply with notice from Landlord requesting that Tenant cease any interference with Landlord's construction activities, Tenant shall be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in vacate the Premises pursuant and shall have no further right to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in enter the Premises (if any), and (iii) not be deemed occupancy or possession of until the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to Landlord hereby provides Tenant notice of the provisions substantial completion of Paragraph 47, ("the Building shell. Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted may elect to enter upon the Premises forty-five (45) days prior to the Rent Commencement Date for in order to install communications cable, fixtures and racking and the purpose of installing like, at Tenant's sole cost and expenseexpense (collectively, "Tenant's trade fixtures Work"). Any such entry by Tenant for the purpose of Tenant's Work will be subject to the following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and equipmentany other personnel under Tenant's control ("Tenant's Personnel") entering the Premises, telephone equipment, security systems will cooperate with Landlord and cabling for computers. Such Landlord's general contractor; (ii) Tenant agrees that any such early entry shall be is subject to all of the terms and conditions of the Lease except for those relating to the payment of Rent and other monetary obligations, which provisions will become applicable in accordance with the terms of this Lease; (iii) Prior to any entry upon the Premises by Tenant or Tenant's Personnel, except that Tenant shall not be agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance; (iv) Tenant and Tenant's Personnel agree to comply with all applicable laws, regulations, permits and other approvals required to pay any Rent perform Tenant's Work or by the early entry on account thereof. Any entry or installation work the Premises by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, Personnel; (iiv) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall agrees to indemnify, defendprotect, defend and hold save Landlord harmless From from and against any and all lossliens, damageliabilities, liabilitylosses, expense damages, costs, expenses, demands, actions, causes of action and claims (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoinglimitation, injury to or death of persons attorneys' fees and damage to or loss of property legal costs) arising out of the exercise early entry, use, construction, or occupancy of the Premises by Tenant or Tenant's Personnel; and (vi) Tenant shall have paid to Landlord the first full monthly installment of any Monthly Base Rent on the portion of the Premises to which Tenant desires early entry. If, in Landlord's reasonable judgment, Tenant's Personnel and/or the work that is being performed by Tenant's Personnel interferes with Landlord's construction of the Tenant Improvements, or detrimentally affects Landlord's ability to comply with its commitments for completing its improvements on the Premises or cause labor difficulties, Landlord will have the right to order Tenant's early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or cease in the event Tenant has not completed construction of ittaken action to remedy such interference within forty-eight (48) hours following Landlord's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless notice to Tenant of the construction status existence of said interior improvements completed or the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's Work, Tenant agrees to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which cause Tenant's obligation Personnel to pay Rent under remove all tools, equipment and materials from the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantPremises.

Early Entry. Subject Pursuant to the provisions terms and conditions of Paragraph 47this Lease and the related Construction Letter, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to after the Commencement Date execution of this Lease and the Construction Letter by the parties hereto for the purpose of installing (i) constructing Interior Improvements as provided for in the related Construction Letter and as approved by Landlord and as shown on Exhibit B and (ii) installing, at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Basic Rent or Additional Rent on account thereof; except however, Tenant shall be responsible for paying (i) supplemental taxes as stated in Paragraph 50B above, and (ii) all utilities for the Premises from the date on which Tenant commences said Interior Improvements, and as such, Tenant shall contact the related utility providers and transfer the billing for said utilities into Tenant's name. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 52 shall (i) be undertaken at Tenant's sole risk, and (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of constructing its improvements, if any, in the Premises and/or installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computerscomputers (“Early Entry Date”). If applicable, Landlord shall notify Tenant of the Early Entry Date not less than ten (10) days prior to the date Landlord anticipates achieving Substantial Completion of the Landlord Interior Improvements. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof, provided none of Tenant’s operating personnel occupy said Premises; except as necessary to prepare the Premises for the conduct of Tenant’s business therein. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)’s Interior Improvements, and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's ’s work in said Premises delays the completion of Landlord’s Interior Improvements, Landlord’s Interior Improvements, then for purposes of Paragraph 2.B(a) above, the interior improvements Landlord’s Interior Improvements shall be deemed to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence have been Substantially Completed on the scheduled Commencement Date of January 1, 1996 regardless of date such Substantial Completion would have occurred but for the construction status of said interior improvements completed or to be completed actual delay caused by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement Commencement of the Lease and Tenant's ’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, the Lease and Tenant's ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused regardless of the construction status of said interior improvements completed or to be completed by TenantTenant or Landlord as the case may be. It is agreed in the event the Commencement Date is a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be prorated (for the number of days in the partial month) at the Basic Rent rate scheduled for the scheduled Commencement Date as shown in Paragraph 4.A, and such prorated Basic Rent shall be due on the first day following the end of the Basic Rent Abatement Period.

Early Entry. Subject Provided Tenant is not in default under this Lease ----------- and further provided that Tenant has delivered to Landlord certificates of insurance evidencing the provisions existence of the policies of insurance required to be carried by Tenant under Paragraph 4720 of this Lease, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted entitled to enter the Premises prior to Building for the Commencement Date Early Entry Period (hereafter defined) for the purpose of installing at wiring and equipment therein for Tenant's sole cost telephone and expenseother communications systems and for no other purpose. The term "Early Entry Period" as used in this Lease shall mean the period commencing on the date on which the Landlord's Work is ninety percent (90%) complete, as determined by Landlord's contractor, and expiring on the date immediately preceding the Commencement Date. The activities by Tenant during the Early Entry Period shall not interfere with nor delay the completion by Landlord of the Landlord's Work, and in the event of any such interference or delay Landlord shall be entitled to terminate Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersearly entry rights under this Subparagraph 4(c). Such entry shall be subject to During the Early Entry Period all of the terms and conditions of this the Lease, except that Tenant for the payment of Rent (hereafter defined in Subparagraph 5(b)), shall apply. Landlord shall not be required liable to pay Tenant or its employees or agents for any Rent on account thereof. Any entry loss or installation work by Tenant and its agents in the Premises pursuant damage to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskproperty, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage a person arising from or related to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed entries by Tenant or Landlordits employees, contractors, or agents into the Building during the Early Entry Period. Tenant shall take all reasonable precautions to protect against such loss, damage, injury or death. During any such entries Tenant shall cooperate with all reasonable directives of Landlord and Tenant acknowledge that Landlord's contractor performing the date on which TenantLandlord's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantWork.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January December 1, 1996 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Landlord shall permit Tenant and its agents and contractors shall be permitted Tenant's agent to enter the Leased Premises prior to the Commencement Date in order that Tenant may do such work as may be required by Tenant to make the Leased Premises ready for the purpose of installing at Tenant's sole cost use and expenseoccupancy. If Landlord permits such entry prior to the Commencement Date, such permission is conditioned upon Tenant and its agents, contractors, employees and invitees working in harmony and not interfering with Landlord and its agents, contractors and employees in the installation of the Tenant Improvements or in the performance of work for other tenants and occupants of the Building. If at any time such entry shall cause or threaten to cause disharmony or interference, Landlord shall have the right to withdraw such permission upon twenty-four (24) hours notice to Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such Any entry into the Leased Premises by Tenant prior to the Commencement Date shall be subject to all of the terms terms, covenants, conditions and conditions provisions of this the Lease, except other than with respect to Tenant's obligation to pay Annual Basic Rent. Tenant acknowledges and agrees that Tenant Landlord shall not be required liable in any way for any injury, loss or damage which may occur to pay any Rent on account thereof. Any entry Tenant, its agents, contractors and employees or installation to Tenant's work by Tenant and its agents installations made in the Leased Premises pursuant or to this Paragraph 44 shall (i) be undertaken property placed therein prior to the Commencement Date, all of the same being at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in provided, however, that Landlord shall be liable to Tenant for the Premises (if any), and (iii) not be deemed occupancy or possession gross negligence of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if anyits agents, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord contractors and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantemployees.

Early Entry. Subject Notwithstanding anything to the provisions contrary herein, provided that the written consent of Paragraph 47Landlord to this Sublease has been received by Sublessor and Sublessee, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors Sublessee shall be permitted have the right to enter occupy the Premises five (5) business days prior to the Commencement Date for the purpose of installing at Tenantfurniture, cabling and personal property on the Premises and Sublessee's sole cost contractor shall be allowed to enter the Premises fifteen (15) business days prior to the Commencement Date for the purpose of installing data and expensetelephone lines, Tenantprovided that: (i) Sublessee's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such early entry shall not interfere with any of Sublessor's activities on the Premises during such period; (ii) Sublessee shall give Sublessor written notice of such entry at least five (5) days in advance; (iii) such entry on the Premises shall be subject to all of the terms and conditions of this LeaseSublease, except that Tenant Sublessee shall not be required to pay any monthly Base Rent hereunder during any period of early entry if Sublessee is not conducting Sublessee's business on account thereof. Any entry or installation work by the Premises; (iv) during the last five (5) business days of early occupancy, Tenant shall arrange to have all utilities services, including but not limited to storm and its agents in sanitary sewer service, gas, electric, domestic and irrigation water and trash billed directly to Sublessee for payment or, at Landlord's option, reimburse Sublessor for the cost thereof (provided that, if Sublessor continues to occupy the Premises pursuant during the last five (5) business days prior to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed the cost of such utilities during such five (5) business day period shall be equitably proportioned between Sublessor and Sublessee, acting in good faith, in proportion to the proportionate use of such utilities between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless parties); and (v) Sublessee shall provide Sublessor before such early entry with certificates of the construction status insurance required of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures Sublessee pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period terms of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantthis Sublease.

Early Entry. Subject Notwithstanding anything herein to the provisions contrary, as of Paragraph 47the Expansion Premises Delivery Date (as defined below), ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to Tenant’s invitees may enter the Expansion Premises, at Tenant’s sole risk, for the sole purpose of installation of the Expansion Premises Tenant Improvements (as defined in Section 2.1 of Exhibit B attached hereto and made a part hereof), and its furniture, fixtures and equipment (collectively, the “FF&E”). Tenant’s occupancy of the Expansion Premises prior to the Expansion Premises Commencement Date shall be solely for the purpose of constructing the Expansion Premises Tenant Improvements and installing at the FF&E (and not for the conduct of Tenant's sole cost ’s business) and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to on all of the terms and conditions of this Leasethe Lease as though the Expansion Premises Lease Team had commenced on the Expansion Premises Delivery Date, except that Tenant shall not be required the obligation to pay any Rent Rent. The “Expansion Premises Delivery Date” shall mean that date on account thereof. Any entry or installation work which all of the following have occurred: (a) this Amendment is fully executed and delivered by Landlord and Tenant; and (b) Tenant and its agents in the Premises pursuant has delivered to this Paragraph 44 shall Landlord (i) be undertaken at Tenant's sole riskRent for the Expansion Premises Lease Month 6, and (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession evidence of the Premises for purposes insurance described in Article VII of the Lease. Tenant shall indemnify, defend, and hold give Landlord harmless From any and all loss, damage, liability, expense twenty-four (including reasonable attorney's fees), claim or demand 24) hours prior written notice of whatsoever character, direct or consequential, including, but without limiting thereby its initial entry into the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Expansion Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or LandlordTenant’s invitees pursuant to this Section 2(c) but thereafter shall not be required to provide Landlord with such notice. Landlord and Tenant acknowledge shall ensure that any entry by Tenant or its invitees does not unreasonably interfere with the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in construction or completion of construction of the Tenant Improvements due any work to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained performed by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenanthereunder.

Early Entry. Subject Provided no Default by Sub-Subtenant then exists, from and after the date that is fifteen (15) days immediately prior to the Sub-Sublease Commencement Date (such period, the “Early Access Period”), Sub-Subtenant shall be permitted to access the Sub-Subleased Premises (subject to the provisions of Paragraph 47this subsection (b)) for purposes of inspecting same, surveying requirements, moving and performing any move-related tasks, including installing furniture, fixtures, equipment, voice and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises ("Tenant Interior ----------- Improvements") Tenant subject to the provisions of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease). Such access to the Sub-Subleased Premises shall be subject to commercially reasonable prior notice to and its agents prompt approval by Sub-Sublandlord (each of which notice and contractors approval may be telephonic or by email correspondence), and shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to enter commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date for without the purpose approval of installing at Tenant's sole cost Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and expensethe Sub-Subleased Premises, Tenant's trade fixtures such assistance shall specifically include coordination with the Building’s property manager. Notwithstanding the foregoing, neither Sub-Subtenant nor any agent, contractor, representative, employee or invitee of Sub-Subtenant (collectively, “Invitee”) shall enter the Sub-Subleased Premises during the Early Access Period during those times that Sub-Sublandlord determines, in its reasonable discretion, that such entry will substantially interfere with activities of Sub-Sublandlord or Sub-Sublandlord’s agents or employees in the Sub-Subleased Premises. Prior to each such event, Sub-Sublandlord shall notify Sub-Subtenant of specific times during which Sub-Subtenant may make such entry. During the Early Access Period, Sub-Subtenant and equipment, telephone equipment, security systems and cabling for computersany of its Invitees shall use commercially reasonable efforts to neither delay nor otherwise inhibit the work being performed in the Sub-Subleased Premises by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Such entry Sub-Sublandlord shall be subject have no responsibility with respect to all of any items placed in the terms and conditions of this LeaseSub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except that Tenant to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. Sub-Subtenant shall not be required to pay any Rent on account thereof. Any entry or installation work reimburse Sub-Sublandlord, within thirty (30) days after invoice, all costs actually incurred by Tenant and its agents in Sub-Sublandlord associated with Sub-Subtenant’s access during the Premises pursuant to this Paragraph 44 shall Early Access Period, including (i) be undertaken at Tenant's sole riskcosts which are billed to Sub-Sublandlord by Sublandlord, including, without limitation, engineering charges or overtime/extra hours service charges associated with non-business hour access to the Building, if any, and (ii) not interfere --------- with reasonable costs incurred by Sub-Sublandlord in repairing or delay Landlord's work replacing any damage to the Sub-Subleased Premises required to be repaired by Sublandlord under the Sublease or (iii) reasonable costs incurred by Sub-Sublandlord in repairing or replacing damage to any property or equipment located therein and required to be repaired by Sublandlord under the Sublease, which damage, in the Premises case of (if any), ii) and (iii) above, was caused by Sub-Subtenant or its Invitees. Notwithstanding anything in this Sub-Sublease to the contrary, all of the provisions of this Sub-Sublease (including, without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that during such period Sub-Subtenant shall not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation obligated to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantRent.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Landlord shall permit Tenant and its agents and contractors shall be permitted or representatives (which may include Tenant’s architect, project manager and/or contractor) to enter upon the Demised Premises prior to the Commencement Date for and during the purpose performance of installing at Landlord’s Work so that Tenant or its agents or representatives may (i) take measurements, (ii) prepare a general lay-out of the Proposed Plans, (iii) install Tenant's sole cost ’s data, telephone, telecommunications and expensecomputer wiring and/or cabling which, in accordance with sound construction practices, should be completed prior to the completion of a corresponding element of Landlord’s Work, and/or (iv) perform Tenant's trade fixtures ’s Fixturing, subject in all cases to, and equipmentin accordance with, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms covenants, agreements, terms, provisions and conditions of this Lease, Lease (except that Tenant shall not be required with respect to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if anypayment of Rent), and (iii) provided that Tenant and/or its agents and representatives shall not be deemed occupancy or possession interfere with the performance of Landlord’s Work, the Façade Work and/or the Initial Work and shall cooperate with Landlord’s contractor while performing any of the foregoing work within the Demised Premises for purposes and/or the Building. Landlord may, at any time, deny access to the Demised Premises to Tenant and/or its agents or representatives during the performance of Landlord’s Work, the LeaseFaçade Work and/or the Initial Work in the event that Landlord shall, in its reasonable discretion, determine that such entry to the Demised Premises by Tenant and/or its agents or representatives interferes with, delays, hampers, or prevents Landlord from proceeding with the completion of Landlord’s Work at the earliest possible time. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of In connection with the foregoing, injury within twenty-four (24) hours after Landlord’s direction (which need not be given in writing and may be given by Landlord or its agents or contractors to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord its agents or representatives), Tenant shall, and Tenant acknowledge that cause its agents and representatives to, withdraw from the date on which Tenant's obligation to pay Rent under Building and the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantDemised Premises.

Early Entry. Subject Notwithstanding anything to the provisions of Paragraph 47contrary in Paragraphs 2B and ----------- 2C, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 40 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Page 9 Initial: /s/ MS MCD MRB --------------------- Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January June 1, 1996 1995 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to To the provisions of Paragraph 47extent permitted by Applicable Laws, ("Tenant Interior ----------- Improvements") Tenant shall have the right, at its own risk and its agents and contractors shall be permitted at no additional cost, to enter the Leased Premises from and after April 1, 2022, in order to install fixtures and otherwise prepare the Leased Premises for occupancy, which right shall expressly exclude making any structural modifications. (Tenant hereby acknowledging that the Commencement Date and the Rent Commencement Date will be adjusted pursuant to the terms set forth in the Lease Summary in the event Tenant begins conducting business in the Leased Premises). During any entry prior to the Commencement Date for (i) Tenant shall comply with all terms and conditions of this Lease other than the purpose obligation to pay rent, (ii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of installing at Landlord’s rules of conduct (which Landlord agrees to furnish to Tenant upon request), (iii) Tenant shall not commence any such pre-Commencement Date entry prior to delivering evidence that Tenant has procured the insurance policies required of Tenant pursuant to the terms of the Lease, (iv) Tenant shall indemnify Landlord against any loss or liability arising therefrom (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors), (v) during such early possession, Tenant shall bear the burden of the risk of loss of Tenant's sole cost and expense’s personal property, Tenant's trade fixtures and equipment, telephone equipmentwhether by theft, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry casualty or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)otherwise, and (iiivi) not be deemed occupancy or possession of Tenant must coordinate all such pre-Commencement Date entry into the Leased Premises for purposes of the Leasewith Landlord’s property manager. Tenant shall indemnify, defend, be responsible for obtaining all applicable permits and hold Landlord harmless From inspections relating to any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby such entry by Tenant. During any entry prior to the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is its sole cost, shall provide electricity, HVAC services, elevator access, and parking for the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantcontractors.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's ’s work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's its interior improvements improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date earlier of January 1(x) occupancy of any portion of the Premises by any of Tenant’s operating personnel pursuant to Paragraph 2.B(b) (“Term: Tender of Possession”) above, 1996 or (y) the date Landlord would have completed the Tenant Improvements but for the delay caused by Tenant regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence case may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitybe. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.. It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A. 2 of 25 991719 v2/SF BUILDING: Marriott 12 PROPERTY: 01-0112 UNIT: 2 LEASE ID: 0112-BECE01-01

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this the Lease, except that Tenant governmental laws, rules and regulations and receipt of the Consent, Subtenant may enter into the Sublease Premises approximately two (2) weeks prior to the anticipated date of Sublandlord's completion of Sublandlord's Work, upon receipt of Sublandlord's written consent, which consent shall not be required to pay any Rent on account thereof. Any entry unreasonably conditioned or installation work by Tenant withheld and its agents in shall be granted or denied within two (2) business days, for the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskpurpose of making improvements and installing furniture, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)telephones, computers, photocopy equipment, and (iii) other business equipment and similar items and related wiring and conduits. Such early entry will not be deemed occupancy or possession advance the Commencement Date so long as Subtenant does not commence business operations from any part of the Premises for purposes Sublease Premises. All of the Lease. Tenant provisions of this Sublease (and the Lease as incorporated herein) shall indemnify, defend, and hold Landlord harmless From apply to Subtenant during any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequentialearly entry, including, without limitation, the indemnities set forth in this Sublease (and the Lease as incorporated herein), but without limiting thereby excluding the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Basic Rent under only unless and until Subtenant has commenced business operations in the Sublease Premises, whereupon the Commencement Date shall occur and Basic Rent shall immediately commence. If Subtenant is granted early entry, Sublandlord shall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Subtenant at the Sublease Premises or for any injury to Subtenant or its agents, employees, contractors, subcontractors, subtenants, assigns or invitees, except to Sublandlord's or its agents', employees, contractors', subcontractors' or invitees' negligence or willful misconduct. Sublandlord and Landlord shall have the right to post appropriate notices of non-responsibility and to require Subtenant to provide Sublandlord with evidence that Subtenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Sublease (and the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided incorporated herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant).

Early Entry. Subject Landlord agrees to provide Tenant with at least forty-five (45) days' prior written notice of the provisions of Paragraph 47, date ("Tenant Interior ----------- ImprovementsShell Delivery Date") on which the Building shell will be substantially complete. Tenant and its agents and contractors shall be permitted may elect to enter upon the Premises prior commencing on the Shell Delivery Date in order to install communications cable, fixtures and racking and the Commencement Date for the purpose of installing like, at Tenant's sole cost and expenseexpense (collectively, "Tenant's trade fixtures Work"). Any such entry by Tenant for the purpose of Tenant's Work will be subject to the following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and equipmentany other personnel under Tenant's control ("Tenant's Personnel") entering the Premises, telephone equipment, security systems will cooperate with Landlord and cabling for computers. Such Landlord's general contractor; (ii) Tenant agrees that any such early entry shall be is subject to all of the terms and conditions of the Lease except for those relating to the payment of Rent and other monetary obligations, which provisions will become applicable in accordance with the terms of this Lease; (iii) Prior to any entry upon the Premises by Tenant or Tenant's Personnel, except that Tenant shall not be agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance; (iv) Tenant and Tenant's Personnel agree to comply with all applicable laws, regulations, permits and other approvals required to pay any Rent perform Tenant's Work or by the early entry on account thereof. Any entry or installation work the Premises by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), Personnel; and (iiiv) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall agrees to indemnify, defendprotect, defend and hold save Landlord harmless From from and against any and all lossliens, damageliabilities, liabilitylosses, expense damages, costs, expenses, demands, actions, causes of action and claims (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoinglimitation, injury to or death of persons attorneys' fees and damage to or loss of property legal costs) arising out of the exercise early entry, use, construction, or occupancy of the Premises by Tenant or Tenant's Personnel. If, in Landlord's reasonable judgment, Tenant's Personnel and/or the work that is being performed by Tenant's Personnel interferes with Landlord's construction of any the Tenant Improvements, or detrimentally affects Landlord's ability to comply with its commitments for completing its improvements on the Premises or cause labor difficulties, Landlord will have the right to order Tenant's early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or cease in the event Tenant has not completed construction of ittaken action to remedy such interference within forty-eight (48) hours following Landlord's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless notice to Tenant of the construction status existence of said interior improvements completed or the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's Work, Tenant agrees to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which cause Tenant's obligation Personnel to pay Rent under remove all tools, equipment and materials from the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantPremises.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior to the ----------- Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computerswhich approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of construction of the Improvements which Landlord is required to construct pursuant to Exhibit "C". Such If Landlord permits Tenant to so enter upon ----------- the Premises, such entry shall be subject to all of the terms and conditions of this Lease, except that excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 4.E. below), and the duty to pay utility consumption costs and insurance. Tenant shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. At all times during Tenant's right of entry, Landlord and Tenant shall reasonably cooperate to refrain from interfering with the construction activities of the other party's personnel; provided, Landlord shall not be required to pay cooperate with Tenant if such cooperation results in a delay in completing the Improvements. In any Rent on account thereof. Any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry or installation work by Tenant and its agents in upon the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation Agents (as that term is defined in Subparagraph 29.G.) prior to pay Rent under the Lease would otherwise commence may be delayed because Commencement Date or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. If the entry by Tenant or Tenant's Agents upon the Premises prior to the Commencement Date interferes with Landlord's construction activities, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if such failure to comply causes a delay in completion of completing the construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry then the Commencement Date shall be deemed to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of have occurred on the date it the Improvements would otherwise have commenced absent been completed had there been no such delay caused by TenantTenant or its Agents.

Early Entry. Subject to the provisions of Paragraph 479 (“As Is Basis”), upon receipt of written notice from Landlord ("Tenant Interior ----------- Improvements"by U.S. Mail, facsimile or electronic mail) that the Premises is available for Tenant’s entry, Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computerscomputers (“Tenant’s Work”). Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof, provided none of Tenant’s operating personnel occupy said Premises. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work ’s Work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements Tenant’s Work by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of (x) occupancy of any portion of the Premises by any of Tenant’s operating personnel for the conduct of any of its business pursuant to Paragraph 2.B(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of January November 1, 1996 2006 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence case may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitybe. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.. It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof, provided none of Tenant’s operating personnel occupy said Premises. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's ’s work in said Premises delays the completion of the interior improvements Tenant Improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's its interior improvements improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of (x) occupancy of any portion of the Premises by any of Tenant’s operating personnel for the conduct of any of its business pursuant to Paragraph 2.B(b) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of January May 1, 1996 2006 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence case may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitybe. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.. BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A.

Early Entry. Subject to the provisions of Paragraph 47, ("Landlord agrees that Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises on the date Landlord reasonably determines to be approximately thirty (30) days prior to Substantial Completion of the Commencement Date Landlord Work for the sole purpose of installing at Tenant's sole cost and expenseinstallation of improvements, Tenant's trade furniture, cabling, fixtures and equipment, telephone equipment, security systems equipment (the “Early Entry”) (and such 30-day period shall be adjusted per Landlord’s commercially reasonable coordination with Tenant as to the timing of Tenant’s wiring and cabling for computers. Such entry work in coordination with the Landlord Work (i.e., installation of cabling before walls are closed)), provided that such Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises, and further provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of this LeaseBase Rent, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant utilities and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any’s Pro Rata Share of Operating Expenses), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality limitation, Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall provide Landlord with certificates of the foregoing, injury insurance or other evidence reasonably acceptable to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunderLandlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant's work ’s Early Entry unreasonably interferes with the Landlord Work, Landlord shall notify Tenant in said Premises delays writing and if Tenant fails to cure such unreasonable interference within one (1) full Business Day after receipt of such written notice, Landlord may terminate Tenant’s right to Early Entry, and any actual delay in the completion Landlord Work caused by any act or omission of a Tenant Party during such Early Entry will be deemed a Tenant Delay subject to the terms of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantWork Letter.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Increased Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Increased Premises (as shown in Blue on Exhibit B) prior to the Commencement Effective Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this the Lease, except that Tenant shall not be required to pay any Rent on account thereofthe Increased Premises, provided none of Tenant’s operating personnel occupy said Increased Premises. Any entry or installation work by Tenant and its agents in the Increased Premises pursuant to this Paragraph 44 1.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Increased Premises (if any), and (iii) not be deemed occupancy or possession of the Increased Premises for purposes of the Leasethis Amendment. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's ’s work in said Increased Premises delays the completion of the interior improvements Tenant Improvements to be provided by Landlord pursuant to Paragraph 1.A (“Increased Premises: Tenant Improvements to be made by Landlord, if any”), or in the event Tenant has not completed construction of it's its interior improvements improvements, if any, by the scheduled Commencement Effective Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Effective Date of January 1, 1996 regardless of the construction status of said interior improvements completed or is not subject to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitychange. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under on the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease Increased Premises shall commence as of on the date it would otherwise have commenced absent delay caused by TenantEffective Date.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises Buildings prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade to install fixtures and equipmentequipment therein, telephone equipmentprovided Tenant first obtains the prior written approval of Landlord for such entry, security systems and cabling for computers. Such which approval shall not be unreasonably withheld but which Landlord may withhold if Landlord determines in its reasonable discretion that such entry will delay completion of construction of the Improvements which Landlord is required to construct pursuant to Exhibit C. If Landlord permits Tenant to so enter upon the Premises, such entry shall be subject to all of the terms and conditions of this Lease, except excepting only the obligation to pay the Monthly Installment of rent or Additional Rent (as defined in Subparagraph 5(d) below). Tenant shall coordinate its entry onto the Premises with Landlord and the contractors and other personnel employed by Landlord. Tenant shall at all times while exercising its right of entry, refrain from interfering with the construction activities of Landlord's personnel. In any case, Tenant shall repair any damage to the Improvements constructed by Landlord resulting from the entry upon the Premises by Tenant or Tenant's Agents prior to the Commencement Date or caused by the installation of fixtures and equipment by Tenant or Tenant's Agents. If the entry by Tenant or Tenant's Agents upon the Premises prior to the Commencement Date interferes with Landlord's construction activities, then Landlord shall give Tenant written notice requesting that Tenant cease such interference. If Tenant does not immediately comply with such notice from Landlord requesting that Tenant cease interference with Landlord's construction activities, and if the entry by Tenant prior to the Commencement Date causes a delay in completing the construction of the Improvements, then the Commencement Date shall be deemed to have occurred on the date the Improvements would have been completed had there been no such delay caused by Tenant or its a, employees, contractors or representatives. If Tenant does not immediately comply with notice from Landlord requesting that Tenant cease any interference with Landlord's construction activities, Tenant shall be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in vacate the Premises pursuant and shall have no further right to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in enter the Premises (if any), and (iii) not be deemed occupancy or possession of until the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting not limited thereby the generality of the foregoing, ; injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled schedule Commencement Date of January August 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, . Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.

Early Entry. Subject As described in the Work Letter Agreement, Landlord will be constructing the Shell and turning it over to Tenant for the construction of the Tenant Improvements. Landlord agrees to provide Tenant with reasonable access to the provisions Shell no later than August 1, 2001, even though construction of Paragraph 47, the Shell will not be substantially complete by such date ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors as such date shall be permitted extended by Tenant Delays [as defined in the Work Letter Agreement] and force majeure delays [as defined in Paragraph 33 hereof], herein referred to as the "SHELL AVAILABILITY DATE"). Tenant may elect to enter upon the Premises prior Shell commencing on the Shell Availability Date in order to commence the Commencement Date for construction of the purpose of installing Tenant Improvements, install communications cable, fixtures and racking and the like, at Tenant's sole cost and expense, as well as to commence its move into the Premises (collectively, "TENANT'S WORK"). Any such entry by Tenant for the purpose of Tenant's trade fixtures Work will be subject to the following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and equipmentany other personnel under Tenant's control ("TENANT'S PERSONNEL") entering the Premises, telephone equipment, security systems will reasonably cooperate with Landlord and cabling for computers. Such Landlord's general contractor; (ii) Tenant agrees that any such early entry shall be is subject to all of the terms and conditions of the Lease except for those relating to the payment of Rent and other monetary obligations, which provisions will become applicable in accordance with the terms of this Lease; (iii) Prior to any entry upon the Shell by Tenant or Tenant's Personnel, except that Tenant shall not be agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance carried by Tenant, which coverage must comply with the provisions of this Lease relating to insurance; (iv) Tenant and Tenant's Personnel agree to comply with all applicable laws, regulations, permits and other approvals required to pay any Rent perform Tenant's Work or by the early entry on account thereof. Any entry or installation work the Shell by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), Personnel; and (iiiv) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall agrees to indemnify, defendprotect, defend and hold save Landlord harmless From from and against any and all lossliens, damageliabilities, liabilitylosses, expense damages, costs, expenses, demands, actions, causes of action and claims (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoinglimitation, injury to or death of persons attorneys' fees and damage to or loss of property legal costs) arising out of the exercise early entry, use, construction, or occupancy of the Shell by Tenant or Tenant's Personnel. If Tenant's Personnel and/or the work that is being performed by Tenant's Personnel materially interferes with Landlord's construction of any the Shell, or detrimentally affects Landlord's ability to comply with its commitments for completing construction of the Shell, Landlord will have the right to order Tenant's early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or cease in the event Tenant has not completed construction taken action to remedy such interference within forty-eight (48) hours following Landlord's notice to Tenant of itthe existence of the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's interior improvements by work, Tenant agrees to cause Tenant's Personnel to remove all tools, equipment and materials from the scheduled Shell. Notwithstanding the foregoing, during the period following the Shell Availability Date and prior to the Commencement Date, it is agreed between Landlord and Tenant and their respective contractors shall reasonably cooperate in their efforts to permit completion of Landlord's construction obligations, Tenant's work and Tenant's move into the parties Premises so that this Lease will commence on Tenant can be open for business in the Premises no later than the day prior to the scheduled Commencement Date of January December 1, 1996 regardless of the construction status of said interior improvements completed or 2001, subject to be completed by Tenant or LandlordDelays, Landlord Delays and force majeure delays. Accordingly, Landlord shall make available its contractors to meet and Tenant acknowledge that the date on which confer with Tenant's obligation Personnel at least three (3) weeks prior to pay Rent under the Lease would otherwise commence may be delayed because of Shell Availability Date to establish a delay schedule which is convenient for all parties involved to complete such work in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenanttimely manner.

Early Entry. Subject to Immediately following the provisions full execution of Paragraph 47this Second Amendment, ("Tenant Interior ----------- Improvements") Tenant and its agents and approved vendors and/or contractors shall be permitted have the right to enter the New Premises (i) to move Tenant’s furniture, furnishings, equipment and inventory in the New Premises, and (ii) to install Tenant’s telephone and telecommunication wiring and cabling in the New Premises (and perform the New Premises TIs, subject to Tenant’s compliance with the terms of the Section 3(i)8.(i) below and the last sentence of Section 3(i)1. below), provided that such entry or performance of work shall not delay the completion of any work required to be performed by Landlord to place the New Premises in the condition required by the first sentence of Section 3(a) below. Any entry into the New Premises by Tenant, its agents, employees, vendors and/or contractors prior to the New Premises Commencement Date shall be at the sole risk of Tenant, and Tenant hereby releases Landlord, its agents, contractors, subcontractors and employees, from any and all liability, cost, damage, lien, action, cause of action, judgment, expense, and claim for injury (including bodily injury, death, or property damage) incurred or suffered by Tenant in or about the New Premises during the performance of any work in the New Premises by Landlord or its contractors or subcontractors prior to the New Premises Commencement Date in order to place the New Premises in the condition required by the first sentence of Section 3(a) below (except to the extent caused by Landlord’s gross negligence or willful misconduct). If Tenant or any of its agents, employees, vendors or contractors enter the New Premises prior to the New Premises Commencement Date for the purpose of installing at Tenant's sole cost and expenseas provided above, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such then such entry shall be subject to upon all of the terms and conditions of the Amended Lease, as amended by this LeaseSecond Amendment (including, without limitation, Tenant’s obligations regarding indemnity and insurance), except that Tenant shall not be required obligated to pay New Premises Base Rent prior to the New Premises Commencement Date and shall not be obligated to pay Tenant’s Share of Common Operating Expenses with respect to the New Premises only prior to the New Premises Commencement Date. If Tenant or any Rent on account thereofof its agents, employees, vendors or contractors intend to enter the New Premises prior to the New Premises Commencement Date, Tenant shall provide (and cause its vendors and contractors to provide) Landlord with insurance certificates evidencing that required insurance is being maintained. Any entry The preceding to the contrary notwithstanding, if any work or installation work other activities in the New Premises by Tenant and or any of its agents in agents, employees, vendors, contractors or other representatives prior to the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or New Commencement Date would delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements work to be provided performed by Landlord in order to place the New Premises in the condition required by the terms of the first sentence of Section 3(a) below, Tenant shall, upon Landlord’s request, if anycease, or cause to be ceased, such work or activities, as the case may be, until such time that Tenant may resume its work or activities without so interfering with Landlord’s or its contractors’ or subcontractors’ completion of the work required to be performed by Landlord to place the New Premises in the event Tenant has not completed construction of it's interior improvements condition required by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless terms of the construction status first sentence of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (iSection 3(a) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenantbelow.

Early Entry. Subject Prior to the provisions delivery of Paragraph 47each portion of the Subleased Premises as set forth in Section 3.3 above, ("Tenant Interior ----------- Improvements") Tenant Sublessee and its Sublessee’s employees, agents and contractors shall be permitted to enter such undelivered portions of the Subleased Premises prior to the Commencement Date during Building business hours (as determined by Sublessor in its sole discretion) for the purpose sole purposes of installing at Tenant's sole cost preparing construction drawing, plans and expensespecifications, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computersno other purposes. Such entry shall be subject to all of the terms and conditions of the Master Lease and this LeaseSublease, except that Tenant including without limitation, (a) the indemnity and hold harmless provisions of Section 9 of this Sublease and (b) the obligation to pay utilities and janitorial services; provided, however, other than as provided in Section 5.2 below, Sublessee shall not be required to pay any Base Rent on account thereofnor Operating Expense Payments for Real Property Taxes, insurance premiums and common area expenses with regard to such early entry. Any Sublessee shall furnish to Sublessor evidence of the insurance required under Section 7 of this Sublease prior to any entry or installation work by Tenant and its agents in into any portion of the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any)Subleased Premises. Moreover, and (iii) not be deemed occupancy or possession of without limiting the Premises for purposes of the Lease. Tenant foregoing, Sublessee shall indemnify, defendprotect, defend with counsel reasonably acceptable to Sublessor and hold Landlord harmless From Sublessor and Sublessor’s shareholders, directors, officers, employees, agents, affiliates, successors and assigns from and against any and all lossclaims, damagedemands, liabilityliabilities, expense (judgments, losses, causes of action, fines, penalties, damages, costs and expenses, including reasonable attorney's feesattorneys’ and experts’ fees (collectively, “Claims”), claim caused by or demand of whatsoever characterarising in connection with the early entry described in this Section 3.4, direct including without limitation, any Claims by Master Lessor that Sublessor has committed (or consequential, including, but without limiting thereby allegedly committed) a default and/or breach under the generality Master Lease by permitting the early entry described in this Section 3.4 if made prior to delivery of the foregoing, injury to Sublease Consent. Sublessee’s indemnification and other covenants provided in this Section 3.4 shall survive the expiration or death termination of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantSublease.

Early Entry. Subject Provided no Default then exists, from and after the date that is thirty (30) days immediately prior to the Sub-Sublease Commencement Date (such period, the “Early Access Period”), Sub-Subtenant shall be permitted to access the Sub-Subleased Premises (subject to the provisions of Paragraph 47this subsection (b)) for purposes of inspecting same, surveying requirements, moving, and installing furniture, fixtures, equipment, voice and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises ("Tenant Interior ----------- Improvements") Tenant subject to the provisions of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease). Such access to the Sub-Subleased Premises shall be subject to commercially reasonable prior notice to and its agents prompt approval by Sub-Sublandlord (each of which notice and contractors approval may be telephonic or by email correspondence), and shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to enter commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date for without the purpose approval of installing at Tenant's sole cost and expenseSub-Sublandlord. Notwithstanding the foregoing, Tenant's trade fixtures and equipmentneither Sub-Subtenant nor any agent, telephone equipmentcontractor, security systems and cabling for computers. Such representative, employee or invitee of Sub-Subtenant (collectively, “Invitee”) shall enter the Sub-Subleased Premises during the Early Access Period during those times that Sub-Sublandlord determines, in its reasonable discretion, that such entry shall be subject to all will interfere with activities of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry Sub-Sublandlord or installation work by Tenant and its Sub-Sublandlord’s agents or employees in the Sub-Subleased Premises. Prior to each such event, Sub-Sublandlord shall notify Sub-Subtenant of specific times during which Sub-Subtenant may make such entry. During the Early Access Period, neither Sub-Subtenant nor any of its Invitees shall delay or otherwise inhibit the work being performed in the Sub-Subleased Premises pursuant by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to this Paragraph 44 any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date. Sub-Subtenant shall reimburse Sub-Sublandlord, within thirty (30) days after invoice, all costs actually incurred by Sub-Sublandlord associated with Sub-Subtenant’s access during the Early Access Period, including (i) be undertaken at Tenant's sole riskcosts which are billed to Sub-Sublandlord by Sublandlord, including, without limitation, engineering charges or overtime/extra hours service charges associated with non-business hour access to the Building, if any, and (ii) not interfere --------- with costs incurred by Sub-Sublandlord in repairing or delay Landlord's work replacing any damage to the Sub-Subleased Premises required to be repaird by Sublandlord under the Sublease or (iii) costs incurred by Sub-Sublandlord in repairing or replacing damage to any property or equipment located therein and required to be repaired by Sublandlord under the Sublease, which damage, in the Premises case of (if any), ii) and (iii) above, was caused by Sub-Subtenant or its Invitees. Notwithstanding anything in this Sub-Sublease to the contrary, all of the provisions of this Sub-Sublease (including, without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that during such period Sub-Subtenant shall not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation obligated to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantRent.

Early Entry. Subject If TENANT is permitted entry to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Leased Premises prior to the Commencement Date for the purpose of installing fixtures or any other purpose permitted by LANDLORD, the early entry will be at Tenant's TENANT’s sole cost risk and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions provisions of this LeaseLEASE as though the Commencement Date had occurred, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in for the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole riskpayment of rent, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease which will commence on the scheduled Commencement Date of January 1Date. TENANT, 1996 regardless of the construction status of said interior improvements completed its agents, or to be completed by Tenant employees will not interfere with or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in LANDLORD’s completion of construction of the Tenant Improvements due improvements. All rights of TENANT under this Section 3.2 will be subject to the requirements of all applicable building codes, zoning requirements, and federal, state, and local laws, rules, regulations and other Applicable Requirements, and shall be exercised solely in a manner which does not interfere with or delay LANDLORD’s compliance with any Applicable Requirements, including the obtaining of a certificate of occupancy for the Leased Premises. LANDLORD retains the absolute right, in Landlord’s sole discretion, to impose additional conditions on TENANT’s early entry which LANDLORD, in its sole discretion, deems appropriate. TENANT agrees, as conditions of such early entry: (i) to indemnify and to hold LANDLORD free and harmless from any act by Tenant which interferes with claims, damages or delays construction losses arising out of the Tenant Improvementssuch early entry into possession, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, and (ii) any changes, modifications and/or additions in to deliver to LANDLORD written proof of TENANT’s full compliance with the Tenant Improvements requested by Tenant and approved by Landlordinsurance provisions of this LEASE. LANDLORD may require that TENANT execute an early entry agreement confirming other conditions of early entry prior to the date of TENANT’s early entry (the “Early Entry Date”), or to refuse or terminate any right of early entry at any time. Notwithstanding any grant by LANDLORD to TENANT of permission to receive early entry to the Leased Premises: (iiia) special materials or equipment ordered or specified by Tenant that cansuch permission shall not be obtained deemed permission to make any use of any other portions of the project or common areas without the prior written consent of LANDLORD to such use; and (b) LANDLORD shall not have any obligations to maintain, repair or alter the Leased Premises, nor have any liability respecting the condition of the Leased Premises during such early entry period, except and unless specifically provided by Landlord at normal cost within written agreement hereafter made with respect to any early entry period. If TENANT commences to use the Leased Premises for its proposed use prior to the Commencement Date, then rent shall be paid on a reasonable prorata basis during such period of time because of limited availabilityuse. It is TENANT shall transfer the intent of electrical utility into its responsibility prior to any early entry into the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantLeased Premises.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to may enter the Premises prior to Expansion Space before the Commencement Expansion Effective Date (but not before the date that Landlord reasonably estimates will occur 30 days before the Expansion Effective Date), solely for the purpose of installing at Tenant's sole cost telecommunications and expense, Tenant's trade fixtures data cabling and installing equipment, telephone equipmentfurnishings and other personal property in the Expansion Space. Other than the obligation to pay Base Rent and Tenant’s Share of any Expense Excess or Tax Excess, security systems and cabling for computersall of Tenant’s obligations hereunder shall apply during any period of such early entry. Such entry square feet known as Suite 275 on the second floor of the Building shown on the demising plan attached to the Amendment as Exhibit D. Tenant’s Right of First Offer shall be subject exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to all a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms and conditions under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of this Leasethe Term, except that Tenant which terms shall not reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be required deemed to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall become “Available” as follows: (i) be undertaken at Tenant's sole risk, (ii) if such Potential Offering Space is not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury under lease to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence third party as of the date it would otherwise have commenced absent delay caused of mutual execution and delivery of the Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of the Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advice, by Tenantdelivering written notice of exercise to Landlord (the “Notice of Exercise”) within five (5) days after the date of the Advice.

Early Entry. Subject Provided no Default then exists, from and after October 1, 2008 through and including November 2, 2008 (such period, the “Early Access Period”), Sublessor shall permit Subtenant reasonable access to the Sublet Premises (subject to the provisions of Paragraph 47this subsection (b)) for purposes of surveying telecommunications requirements and for installing, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's Subtenant’s sole cost and expense, Tenant's trade fixtures voice and equipmentdata systems, telephone equipmenttelecommunications cabling and wiring (subject to the provisions of this Sublease, security systems and cabling for computersincluding, without limitation, Section 15 of this Sublease) in the Sublet Premises. Such entry access to the Sublet Premises shall be subject at no charge to Subtenant, but in no event shall Subtenant be permitted to commence business operations in the Sublet Premises prior to the Sublease Commencement Date. Notwithstanding the foregoing, neither Subtenant nor any agent, contractor, representative, employee or invitee of Subtenant (collectively, “Invitee”) shall enter the Sublet Premises during the Early Access Period during those times that Sublessor determines, in its reasonable discretion, that such entry will interfere with activities of Sublessor or Sublessor’s agents or employees in the Sublet Premises. In such event, Sublessor shall notify Subtenant of specific times during which Subtenant may make such entry. During the Early Access Period, neither Subtenant nor any of its Invitees shall delay or otherwise inhibit the work being performed in the Sublet Premises by Sublessor or Sublessor’s agents or employees. Sublessor shall have no responsibility with respect to any items placed in the Sublet Premises by Subtenant or any Invitee prior to the Sublease Commencement Date. Subtenant must schedule with Sublessor, in advance, any access to the Sublet Premises during the Early Access Period. Subtenant shall reimburse Sublessor, within thirty (30) days after invoice, all costs associated with access during the Early Access Period, including, without limitation, engineering charges or overtime/extra hours service charges associated with non-business hour access to the Building. Subtenant shall remove all debris and materials promptly (and in any case no later than the end of each day), and shall use diligent efforts to minimize disruption to the Sublet Premises during times of such early access. Subtenant’s access to telecommunications closets in the Building Common Area must be scheduled with Landlord and performed in accordance with Building rules regarding such access; Sublessor shall use commercially reasonable efforts (at no cost to Sublessor) to assist in scheduling such entry, but Sublessor shall not be liable for any delays or denials of Landlord in granting such access. Notwithstanding anything in this Sublease to the contrary, all of the terms and conditions provisions of this LeaseSublease (including, without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that Tenant during such period Subtenant shall not be required obligated to pay any Rent on account thereof. Any entry Annual Base Subrent or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantAdditional Subrent.

Early Entry. Subject to Upon receipt of written notice from Landlord that the provisions of Paragraph 47Premises is available for Tenant's entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computerscomputers ("Tenant's Work"). Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 47 shall (i) be undertaken at Tenant's sole risk, and (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work Work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of itTenant's interior improvements Work by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January May 1, 1996 2003 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation case may be, unless the parties agree in writing to pay Rent under delay the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantCommencement Date.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof, provided none of Tenant’s operating personnel occupy said Premises. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's ’s work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's its interior improvements improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of the scheduled Commencement Date of January 1, 1996 2005, or the date described in Paragraph 2.B (‘Tender of Possession”), regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence case may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitybe. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have Initial: MMK BUILDING: 1098 Alta PROPERTY: 1-0001 UNIT: 1 LEASE ID: 0001-SONI01-01 commenced absent delay caused by Tenant.. Provided the Lease is executed and delivered to Landlord no later than 5:00 p.m. on November 2, 2004 and Tenant does not interfere with Landlord’s work in the Premises, Landlord shall deliver early entry of the Premises to Tenant with carpet in place and cubicles fully installed no later than December 20, 2004. It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4.A.

Early Entry. Subject to the provisions of Paragraph 47, ("Landlord shall allow Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Expansion Premises approximately fourteen (14) Business Days prior to the Commencement Date date upon which the Expansion Premises is deemed “substantially complete” for the sole purpose of installing at Tenant's furniture, telecommunications systems, data cabling, equipment or other personal property (the “Preparation Work”). Provided that (i) Tenant has provided prior written notice to Landlord of its intention to enter the Expansion Premises under this Section 9; (ii) Tenant delivers to Landlord the insurance certificates required under Section 14 of the Lease; and (iii) such early entry is for the sole cost and expensepurpose of performing the Preparation Work, Tenant's trade fixtures and equipmentTenant shall not be required to pay Rent with respect to the Expansion Premises only during such fourteen (14) Business Day early occupancy period, telephone equipment, security systems and cabling for computers. Such entry but shall otherwise be subject to all of the terms and conditions of this the Amended Lease, except that . Any such early entry by Tenant shall not be required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay Landlord's work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements Tenant Improvements or the improvement work of any other tenants in the Expansion Building and Tenant shall use its good faith, reasonable efforts to be provided coordinate its early entry so as not to interfere with the completion of the Tenant Improvements. Notwithstanding the foregoing, Landlord may terminate Tenant’s early right of entry with prior written notice at any time without any liability to Tenant for any loss or damage incurred by LandlordTenant as a result thereof, if any, or in the event Tenant has not completed construction of it's interior improvements by Landlord reasonably determines that Tenant’s presence is interfering with the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) or the improvement work of any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions other tenants in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant Expansion Building; provided that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it Landlord terminates Tenant’s early right of entry in accordance with this Section 9, the Expansion Commencement Date shall be extended such that Tenant is so delayed, Tenant's obligation afforded a total of 14 Business Days (but in no event more than 14 Business Days) early access to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by TenantExpansion Premises.

Early Entry. Subject to Upon receipt of written notice from Landlord (by U.S. Mail, facsimile or electronic mail) that the provisions of Paragraph 47Premises is available for Tenant’s entry, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's ’s sole cost and expense, Tenant's ’s trade fixtures and equipment, telephone equipment, security systems and cabling for computerscomputers (“Early Entry Date”). Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any Rent on account thereof, provided none of Tenant’s operating personnel occupy said Premises; except, Tenant will be responsible for all utilities expenses as outline in Lease Paragraph 12 (“Utilities of the Building in Which the Premises are Located”) from the Early Entry Date. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 2.C shall (i) be undertaken at Tenant's ’s sole risk, (ii) not interfere --------- with or delay Landlord's ’s work in the Premises (if any), and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's ’s fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's ’s work in said Premises delays the completion of the interior improvements Tenant Improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's its interior improvements improvements, if any, by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of (x) occupancy of any portion of the Premises by any of Tenant’s operating personnel for the conduct of any of its business pursuant to Paragraph 2.B(a) (“Term: Tender of Possession”) above, or (y) the scheduled Commencement Date of January 1, 1996 2007 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that , as the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence case may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availabilitybe. It is the intent of the parties hereto that the commencement of Tenant's ’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's ’s obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.. It is agreed in the event said Lease commences on a date other than the first day of the month the Term of the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the resulting partial month will be pro-rated (for the number of days in the partial month) at the Basic Rent rate scheduled for the projected Commencement Date as shown in Paragraph 4A. Multi Tenant/Single Parcel Page 2 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01

Early Entry. Subject At such time as Landlord notifies Tenant that Early Entry (defined below) is permissible, Tenant will have a right of access to the provisions Premises during construction for the purposes of Paragraph 47Tenant's public relations, marketing, information technology, security systems, furniture, fixtures, and equipment contractors and a reasonable opportunity for introduction and storage of Tenant's materials and equipment ("Tenant Interior ----------- ImprovementsEarly Entry"). Landlord shall have the right to withdraw such right of access for any reason upon twenty-four (24) Tenant and its agents and contractors shall be permitted hours' written notice to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant Landlord shall not be required liable in any way for any injury, loss or damage which may occur to pay any Rent on account thereof. Any entry of Tenant's property or installation work by Tenant and its agents installations in the Premises pursuant during such Early Entry period, except to this Paragraph 44 shall (i) be undertaken at Tenant's sole risk, (ii) not interfere --------- with or delay the extent caused by Landlord's work in the Premises (if any), and (iii) not be deemed occupancy gross negligence or possession of the Premises for purposes of the Leasewillful misconduct. Tenant shall indemnify, defend, defend and hold harmless Landlord harmless From any for, from, against and regarding all claims, loss, damageliabilities, liabilitycosts, expense (including reasonable attorney's fees)damages, claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons fees and damage to or loss of property expenses arising out of or related to the exercise by activities of Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlordor its employees, if anycontractors, agents, suppliers or invitees in the event Premises. Tenant has shall not completed construction allow any liens to attach to the Premises as a result of it's interior improvements by its activities during Early Entry. Tenant shall be responsible for and shall promptly repair any damage to the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant Premises or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement Work therein arising out of Tenant's obligation to pay Rent under Early Entry onto the Lease not be delayed Premises hereunder. Tenant acknowledges and agrees that any Early Entry by any of such causes or by any other act on behalf of Tenant (except shall be at Tenant's sole risk and that, prior to any such Early Entry, Tenant shall deliver to Landlord the certificates of insurance required under Paragraph 13.2 of this Lease. Tenant shall be responsible for coordinating its work schedule with the schedule for Landlord's Work. Neither Tenant, its agents, employees nor contractors shall interfere with construction of any portion of Landlord's Work so as expressly provided herein) andto cause delay or additional cost to Landlord in Landlord's performance of its obligations hereunder. If, in Landlord's reasonable discretion, any such interference occurs, Tenant shall cease (or cause the event it is so delayed, Tenant's obligation cessation of) such interference immediately following notice from Landlord thereof and the failure of Tenant to pay Rent under cease (or cause the cessation of) such interference shall be deemed a Delay. The Expiration Date shall be unchanged by such Early Entry. All provisions of this Lease shall commence as of be in effect from the date it would otherwise have commenced absent delay caused by Tenantof Early Entry; however, Base Rent shall be abated until the Commencement Date.

Early Entry. Subject to the provisions of Paragraph 47, ("Tenant Interior ----------- Improvements") Tenant and its agents and contractors shall be ----------- permitted to enter the Premises prior to the Commencement Date for the purpose of installing at Tenant's sole cost and expense, Tenant's trade fixtures and equipment, telephone equipment, security systems and cabling for computers. Such entry shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be ' required to pay any Rent on account thereof. Any entry or installation work by Tenant and its agents in the Premises pursuant to this Paragraph 44 3.B shall (i) be undertaken at Tenant's sole risk, (ii) not --------- interfere --------- with or delay Landlord's work in the Premises (if any)Premises, and (iii) not be deemed occupancy or possession of the Premises for purposes of the Lease. Tenant shall indemnify, defend, and hold Landlord harmless From from any and all loss, damage, liability, expense (including reasonable attorney's fees), claim or demand of whatsoever character, direct or consequential, including, but without limiting thereby the generality of the foregoing, injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion of the interior improvements to be provided by Landlord, if any, or in the event Tenant has not completed construction of it's interior improvements by the scheduled Commencement Date, it is agreed between the Initial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 2 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 parties that this Lease will commence on the scheduled Commencement Date of January 1, 1996 regardless of the construction status of said interior improvements completed or to be completed by Tenant or Landlord. Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay in completion of construction of the Tenant Improvements due to (i) any act by Tenant which interferes with or delays construction of the Tenant Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 44 hereof, (ii) any changes, modifications and/or additions in the Tenant Improvements requested by Tenant and approved by Landlord, or (iii) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant (except as expressly provided herein) and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant.