Common use of Early Entry Clause in Contracts

Early Entry. Notwithstanding anything herein to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..

Early Entry. Notwithstanding anything herein Landlord shall endeavor, so long as Tenant is ----------- using labor compatible with Landlord's labor forces at the Property at that time, to permit Tenant, at its option, along with its contractors, subcontractors and agents, to enter the Premises at any time during the four (4) weeks immediately prior to the contraryscheduled Commencement Date and in any event no less than three (3) weeks prior to the scheduled Commencement Date and Tenant, as of October 1along with its contractors, 2006 (subcontractors and agents, shall be permitted to enter the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) First Expansion Space and the first month’s Rent, Second Expansion Space at any time during the two (2) certificates evidencing weeks prior to the insurance described scheduled commencement date with respect to the First Expansion Space and Second Expansion Space, as the case may be or if available at an earlier date, provided such entry and work shall be in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 belowharmony with Landlord's contractors, and (4) any items required as with no obligation on the part of Tenant to pay rent or other costs during such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole riskperiod of occupancy, for the sole purpose of constructing Tenant's improvements, installing furniture, fixtures and equipment (including telephone equipment) as well as non-Building standard leasehold improvements. Tenant and its contractors shall have free use of such electricity, heating, ventilation and air conditioning and elevator service as may be available during the period of such early entry for installation of Lessee’s Tenant's improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior All provisions of this Lease (with the exception of the obligation to the Delivery Date, Lessee pay Rent) shall have no right of possession or occupancy be applicable during any such early entry of the Premises, the First Expansion Space or the Second Expansion Space, as the case may be. All installations made by Tenant and Lessor reserves the right to make any use of work performed by Tenant in the Premises that is not inconsistent with Lessor’s obligation to deliver during such early entries shall be at the sole risk of Tenant. Tenant's entry into the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for not cause any delay in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing Landlord's work in the Premises but and if such a delay is not conducting Lessee’s business therein (exclusive of systems testing)caused, Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee shall be accelerated by one (1) day for each day of such delay caused by Tenant, whether or not Landlord's work is occupying the Premises in order to conduct its business therein, in addition to complete as of such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the accelerated Commencement Date had occurred..Date.

Early Entry. Notwithstanding anything herein Pursuant to the contraryterms and conditions of this Lease and the related Construction Letter, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered Tenant and its agents and contractors shall be permitted to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to after the extent reasonably necessaryexecution of this Lease and the Construction Letter by the parties hereto for the purpose of (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 Lessee’s Tenant's sole riskcost and expense, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, Tenant's trade fixtures, fixtures and equipment, telecommunications telephone equipment, security systems and other equipment thereoncabling for computers. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date Such entry shall be on subject to all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is Tenant shall not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall 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 other costs incurred during such period installation work by Tenant and its agents in the operation Premises pursuant to this Paragraph 52 shall (i) be undertaken at Tenant's sole risk, and (ii) not be deemed occupancy or possession of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all for purposes of the Operating Expenses Lease. Tenant shall indemnify, defend, and other Additional Rent for 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 Project which would have been due under this Lease as if generality of the Commencement Date had occurred..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.

Early Entry. Notwithstanding anything herein to the contrarycontrary contained herein, as upon ▇▇▇▇▇▇▇▇’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and at the discretion of October the Contractor, Tenant shall have reasonable access to the Premises on or before August 1, 2006 2020, in order to begin installing Tenant’s trade fixtures and personal property and for any other legal purpose reasonably acceptable to Landlord which is necessary for the preparation of the Premises for operation of a charter school by Tenant (excluding the “Delivery Date”instruction of students at the Premises), provided that Lessee has delivered such early entry and installation of Tenant’s trade fixtures and personal property shall not unreasonably interfere with the timely construction and completion of the Landlord Improvements. Such early entry will be subject to Lessor: (1) all the first month’s terms and provisions of this Lease except for the payment of Rent, (2) certificates evidencing which will become due and payable on the insurance described Rent Commencement Date. Without limiting the generality of the foregoing in Article VII below, (3) the Letter any manner whatsoever and by way of Credit Security pursuant to Section 4.06 belowexample only, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for that the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use portion of the Premises that sought to be used by Tenant is complete and access to and from such portion would not inconsistent with Lessor’s obligation pose a risk of harm to deliver any attendees or a material interference to ongoing construction, the following activities on the Premises are hereby approved by Landlord, but subject to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions reasonable timely notice, for purposes of this LeaseSection provided that such activities are otherwise allowed by applicable authority and permitted by the Contractor, except at the obligation Contractor’s discretion: (i) employee meetings and orientation, (ii) kitchen personnel having access to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business thereinstock, in addition to such expenses described in organize and arrange the preceding sentence, Lessee shall also pay all cafeteria which is a part of the Operating Expenses Facility, (iii) public forums, (iv) recruitment meetings, (v) technology personnel having access to the Premises in order to install, test and other Additional Rent for monitor the Project which would have been due under this Lease as if various technology components of the Commencement Date had occurred..Facility, and (vi) stationing a receptionist/representative at the Premises to facilitate walk-in meetings and tours of the Premises and the Facility.

Early Entry. Notwithstanding anything herein to the contrary, as of October 1, 2006 (the “Delivery Date”)contrary herein, provided that Lessee the written consent of Landlord to this Sublease has delivered to Lessor: (1) the first month’s Rentbeen received by Sublessor and Sublessee, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee Sublessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of occupy the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but five (5) business days prior to the Commencement Date for the purpose of installing furniture, cabling and personal property on the Premises and Sublessee's contractor shall be on all of allowed to enter the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period Premises fifteen (15) business days prior to the Commencement Date that Lessee is occupying or performing work in for the purpose of installing data and telephone lines, provided that: (i) Sublessee's early entry shall not interfere with any of Sublessor's activities on the Premises but is 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 of the terms of this Sublease, except that Sublessee shall not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any monthly Base Rent hereunder during any period of early entry if Sublessee is not conducting Sublessee's business on the Premises; (iv) during the last five (5) business days of early occupancy, Tenant shall arrange to have all utilities or other costs incurred services, including but not limited to storm and 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 during such period in the operation of Building 10. During any time period last five (5) business days prior to the Commencement Date that Lessee is occupying Date, the Premises cost of such utilities during such five (5) business day period shall be equitably proportioned between Sublessor and Sublessee, acting in order to conduct its business thereingood faith, in addition proportion to the proportionate use of such expenses described in utilities between the preceding sentence, Lessee parties); and (v) Sublessee shall also pay all provide Sublessor before such early entry with certificates of the Operating Expenses and other Additional Rent for insurance required of Sublessee pursuant to the Project which would have been due under terms of this Lease as if the Commencement Date had occurred..Sublease.

Early Entry. Notwithstanding anything herein Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant's sole risk and expense, during ordinary business hours prior to the contrary, as of October 1, 2006 (the “Delivery Commencement Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation installing Tenant's trade fixtures and equipment in the Premises; provided, however, that: (i) the provisions of Lessee’s improvementsthis Lease, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior than with respect to the Delivery Datepayment of Monthly Rent, Lessee Operating Expenses and Real Property Taxes, shall have no right apply during such early entry, including, but not limited to, the provisions of possession or occupancy Article 11 relating to Tenant's indemnification of Landlord; (ii) prior to any such entry, Tenant shall pay for and provide evidence of the Premisesinsurance to be provided by Tenant pursuant to the provisions of Section 8.4 and Article 11; (iii) Tenant shall pay all utility, service and Lessor reserves maintenance charges for the right Premises attributable to make any Tenant's early entry and use of the Premises that is as reasonably determined by Landlord; (iv) Tenant shall not inconsistent unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant improvements in accordance with Lessor’s obligation to deliver the provisions of this Lease; and (v) Tenant shall not use the Premises to Lessee as for the storage of inventory or otherwise commence the operation of business in or from the Premises during the period of such early entry. Upon Tenant's breach of any of the Delivery Dateforegoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant. Lessee’s Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises following the Delivery Date but prior to for purposes of establishing the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Date.

Early Entry. Notwithstanding anything herein Landlord shall allow Tenant to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises at least thirty (30) days prior to the extent reasonably necessary, at Lessee’s sole risk, date upon which the Premises is deemed “substantially complete” for the sole purpose of installation of Lessee’s improvements, alterations, installing furniture, trade fixturestelecommunications systems, equipmentdata cabling, telecommunications systems 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 Premises under this Section 3.4; (ii) Tenant delivers to Landlord the insurance certificates required under Section 14 below; and other equipment thereon. Prior (iii) such early entry is for the sole purpose of performing the Preparation Work, Tenant shall not be required to pay Rent (defined below) during such thirty (30) early occupancy period (with the Delivery Date, Lessee shall have no right of possession or occupancy exception of the Premises, and Lessor reserves the right cost of services requested by Tenant [e.g. freight elevator usage]) but shall otherwise be subject to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Lease. Any such early entry by Tenant shall not interfere with the completion of the Landlord Work, except the obligation Tenant Improvements (hereafter defined) or the improvement work of any other tenants in the Building and Tenant shall use its good faith, reasonable efforts to pay Base Rent or coordinate its early entry so as is otherwise provided for in this Section 3.02not to interfere with the Landlord Work and the completion of the Tenant Improvements. During Notwithstanding the foregoing, Landlord may terminate Tenant’s early right of entry at any time period prior without any liability to the Commencement Date that Lessee is occupying Tenant for any loss or performing work damage incurred by Tenant as a result thereof, in the Premises but event Landlord reasonably determines that Tenant’s presence is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities interfering with the Landlord Work or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all completion of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Tenant Improvements.

Early Entry. Notwithstanding anything herein Provided Tenant shall have first obtained any and all permits and other governmental authorizations required in connection therewith, Tenant shall have the right to enter the contrary, as of Demised Premises for the period commencing October 1, 2006 1999 and ending with the Lease Commencement Date (the “Delivery Date”), "Early Entry Period") in order to install its equipment and racking provided that Lessee has delivered to Lessorduring said period: (1i) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee Tenant shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent comply with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Lease, except Lease other than the obligation to pay Base Rent or Additional Rent, (ii) Tenant shall not begin operation of its business (Landlord hereby acknowledging that the installation of racking and a conveyor system, and acceptance of inventory, shall not constitute "operation of business"), and (iii) Tenant shall not interfere with Landlord's completion of the Demised Premises. Landlord hereby agrees that on or before the commencement of the Early Entry Period, as is otherwise provided for such date may be extended by Construction Delay, Landlord shall deliver to Tenant approximately 150,000 square feet of secure (i.e., all walls and doors constructed) warehouse space within the Demised Premises, complete with lights, floor, floor seal and sprinkler system installed in this Section 3.02. During any time period prior accordance with the Plans and Specifications (and in compliance with applicable building codes to the Commencement Date that Lessee extent necessary to allow Tenant to exercise is occupying or performing work rights under this Special Stipulation 2), said space being delineated in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all Operational Plan comprising a part of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Performance Specifications.

Early Entry. Notwithstanding anything herein Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of upon the Premises, at Tenant's sole risk and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but expense, at least ten (10) days prior to the Commencement Date shall be on all of the terms to install fixtures and conditions of this Leaseequipment, except the obligation to pay Base Rent or so long as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing such entry does not interfere with Landlord's work in the Premises but is not conducting Lessee’s business therein or in the Project; provided, however, that (exclusive a) the provisions of systems testingthis 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)), Lessee shall be required to pay any utilities or other costs incurred apply during such period in early entry, including, but not limited to, the operation provisions of Building 10. During any time period Article XI relating to Tenant's indemnification of Landlord, (b) prior to any such entry, Tenant shall pay for and provide evidence of the Commencement Date that Lessee is occupying insurance to be provided by Tenant pursuant to the provisions of Article XI, (c) Tenant shall pay all separately metered utility, service and maintenance charges for the Premises attributable to Tenant's early entry and use of the Premises as reasonably determined by Landlord, (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in order to conduct its business thereinan amount equal to: (i) Monthly Rent and Tenant's Share of estimated Operating Expenses for the first (1st) month) of the Term in 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 Tenant Improvements or Landlord's other improvements in any way. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..license upon notice to Tenant.

Early Entry. Notwithstanding anything herein to the contrary, as of October 1, 2006 (the “Delivery Date”), Provided Tenant is not in default under this Lease ----------- and further provided that Lessee Tenant has delivered to Lessor: (1) the first month’s Rent, (2) Landlord certificates of insurance evidencing the existence of the policies of insurance described required to be carried by Tenant under Paragraph 20 of this Lease, Tenant shall be entitled to enter the Building for the Early Entry Period (hereafter defined) for the purpose of installing wiring and equipment therein for Tenant's telephone and other communications systems and for no other purpose. The term "Early Entry Period" as used in Article VII belowthis Lease shall mean the period commencing on the date on which the Landlord's Work is ninety percent (90%) complete, (3) the Letter of Credit Security pursuant to Section 4.06 belowas determined by Landlord's contractor, and (4) any items required as of such time pursuant to expiring on the Work Letter Agreement attached hereto as Exhibit E (date immediately preceding the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter Commencement Date. The activities by Tenant during the Premises to Early Entry Period shall not interfere with nor delay the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy completion by Landlord of the PremisesLandlord's Work, and Lessor reserves in the right to make event of any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date such interference or delay Landlord shall be on entitled to terminate Tenant's early entry rights under this Subparagraph 4(c). During the Early Entry Period all of the terms and conditions of this the Lease, except for the obligation payment of Rent (hereafter defined in Subparagraph 5(b)), shall apply. Landlord shall not be liable to pay Base Rent Tenant or as is otherwise provided its employees or agents for in this Section 3.02any loss or damage to property, or injury to or death of a person arising from or related to any entries by Tenant or its 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 time period prior to such entries Tenant shall cooperate with all reasonable directives of Landlord and Landlord's contractor performing the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Landlord's Work.

Early Entry. Notwithstanding anything herein With the prior written consent of Landlord, Tenant shall have the right, prior to the contraryScheduled Term Commencement Date at its sole risk, as of October 1cost and expense, 2006 (to enter upon and install Tenant Improvements in the “Delivery Date”)Premises, and to store Tenant's inventory, and the same will not cause Rent to commence; provided that Lessee has delivered (a) Tenant shall have paid for and provided evidence to Lessor: (1) Landlord of all insurance required under the first month’s RentLease having been secured, (2b) certificates evidencing the insurance described Tenant shall pay all utility charges and other costs and expenses incurred by Landlord in Article VII below, (3) the Letter of Credit Security pursuant respect to Section 4.06 belowsuch early entry by Tenant, and (4c) Tenant shall execute an indemnity agreement in favor of Landlord in form and substance satisfactory to Landlord indemnifying Landlord with respect to any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees costs that may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereonbe incurred. Prior to the Delivery DateScheduled Term Commencement Date Tenant shall be allowed to use the Premises for the storage of inventory, Lessee but shall have no right not otherwise commence the operation of possession or occupancy business, without the express prior written consent of Landlord. Upon execution of the Lease, to the extent that Landlord has not leased the space in the building adjoining the Premises, Tenant will be allowed to store inventory in that space in compliance with items (a), (b) and Lessor reserves (c) above, until the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Commencement Date. Lessee’s occupancy of In the Premises following event Landlord leases the Delivery Date but adjoining space prior to the Commencement Date Date, Tenant's right to store inventory in the adjoining space shall be on all terminate as of the terms and conditions date of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent lease execution for the Project which would have been due under this Lease as if the Commencement Date had occurred..adjoining space.

Early Entry. Notwithstanding anything herein Subject to the contraryfollowing provisions of this Section 3, as of October Tenant shall have the right to enter the Expansion Space at any time on or after September 1, 2006 1999, for the purpose of constructing tenant improvements to the Expansion Space ("Tenant's Work"). Tenant's Work shall be constructed in accordance with the “Delivery Date”)provisions of Section 10 of the Lease and with Landlord's requirements for improvements or alterations by Tenant. Tenant agrees (i) any such early entry by Tenant shall be at Tenant's sole risk, provided that Lessee has delivered to Lessor: (1ii) Tenant shall comply with and be bound by all provisions of this Lease during the first month’s period of any such early entry, except for the payment of monthly Base Rent, including, but not limited to, the payment of Tenant's Share of Operating Expenses, Real Property Taxes and insurance, (2iii) prior to entry upon the Expansion Space by Tenant, Tenant agrees to pay for and provide to Landlord certificates evidencing the existence and amounts of liability insurance described in Article VII belowcarried by Tenant, which coverage must comply with the provisions of the Lease relating to insurance, (3iv) the Letter of Credit Security pursuant Tenant and its agents and contractors agree to Section 4.06 belowcomply with all applicable laws, regulations, permits and other approvals required to perform its work, and (4v) any items required as of such time pursuant Tenant agrees to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor indemnify, protect, defend and Lessee, Lessee save Landlord and Lessee’s invitees may enter the Premises to harmless from and against any and all liens, liabilities, losses, damages, costs, expenses, demands, actions, causes of action and claims (including, without limitation, attorneys' fees and legal costs) arising out of the extent reasonably necessaryearly entry, at Lessee’s sole riskuse, for the sole purpose of installation of Lessee’s improvementsconstruction, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the PremisesExpansion Space by Tenant or its agents, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent employees or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..contractors.

Early Entry. Notwithstanding anything herein to the contrarycontrary in Paragraphs 2B and ----------- 2C, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered Tenant and its agents and contractors shall be permitted to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but 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 on subject to all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is Tenant shall not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities Rent on account thereof. Any entry or other costs incurred during such period installation work by Tenant and its agents in the operation Premises pursuant to this Paragraph 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 Building 10the Premises for purposes of the Lease. During Tenant shall indemnify, defend, and hold Landlord harmless from any time period prior 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 that Lessee is occupying the Premises in order to conduct its business thereinof June 1, in addition to such expenses described in the preceding sentence, Lessee shall also pay all 1995 regardless of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..construction status of said interior improvements completed or to be completed by Tenant or Landlord.

Early Entry. Notwithstanding anything herein Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant's sole risk and expense, during ordinary business hours prior to the contrary, as of October 1, 2006 (the “Delivery Commencement Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation installing Tenant's trade fixtures and equipment in the Premises; provided, however, (i) the provisions of Lessee’s improvementsthis Lease, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior than with respect to the Delivery Datepayment of Monthly Rent, Lessee shall have no right apply during such early entry, including, but not limited to, the provisions of possession or occupancy Article XI relating to Tenant's exculpation and indemnification of Landlord, (ii) prior to any such entry, Tenant shall pay for and provide evidence of the Premisesinsurance to be provided by Tenant pursuant to the provisions of Article XI, (iii) Tenant shall pay all utility, service and Lessor reserves maintenance charges for the right Premises attributable to make any Tenant's early entry and use of the Premises that is as reasonably determined by Landlord, (iv) Tenant shall not inconsistent unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant Improvements in accordance with Lessor’s obligation to deliver the provisions of this Lease, (v) Tenant shall not use the Premises to Lessee as for the storage of inventory or otherwise commence the operation of business during the period of such early entry, and (vi) Tenant shall at all times comply with Landlord's rules and regulations regarding tenant move-in procedures. Upon Tenant's breach of any of the Delivery Dateforegoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon written notice to Tenant. Lessee’s Early entry by Tenant in accordance with this Section 3.3 shall not constitute occupancy of the Premises following the Delivery Date but prior to for purposes of establishing the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Date.

Early Entry. Notwithstanding anything herein Landlord hereby agrees that upon prior written notice to Landlord, Tenant and its authorized agents, contractors, subcontractors and employees may, during ordinary business hours prior to the contrary, as of October 1, 2006 (the “Delivery Commencement Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s Tenant's sole risk, enter upon the Premises for the sole purpose of installation installing Tenant's trade fixtures and equipment in the Premises; provided, however, that (i) the provisions of Lessee’s improvementsthis Lease, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior than with respect to the Delivery Date, Lessee shall have no right payment of possession or occupancy Monthly Rent and items payable by Tenant and Additional Rent (other than Tenant's insurance obligations as set forth in Paragraph 20 of the PremisesLease), shall apply during such early entry, specifically including, but not limited to, the provisions of Paragraph 20(a) relating to the indemnification of Landlord; (ii) Tenant shall pay for and Lessor reserves provide evidence of the right Insurance to make any be provided by Tenant pursuant to the provisions of Paragraph 20 of the Lease; (iii) Tenant shall pay all utility charges for the Premises attributable to Tenant's early entry and use of the Premises that is as reasonably determined by Landlord; and (iv) Tenant will not inconsistent unreasonably interfere, delay or hinder Landlord, its agents, contractors or subcontractors in the construction of the Tenant improvements in accordance with Lessor’s obligation to deliver the provisions of this Lease. Tenant shall not use the Premises to Lessee as for the storage of inventory or otherwise commence the Delivery Dateoperation of business during the period of such early entry. Lessee’s Early entry under this Paragraph 4(b) shall not constitute occupancy of the Premises following the Delivery Date but prior to for purposes of establishing the Commencement Date shall be on all of the terms and conditions of this Lease, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Date.

Early Entry. Notwithstanding anything herein (a) Subject to Legal Requirements and Landlord’s prior written approval, Landlord may allow Tenant to install its machinery, equipment, fixtures, or other personal property on the Premises during the final stages of completion of construction of the Building provided that Tenant does not thereby interfere with the completion of construction of the Building or cause any labor dispute as a result of such installations. (b) Tenant shall give to Landlord not less than five (5) days’ prior written notice of its request to have such access to the contraryPremises, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessorwhich notice shall contain and/or shall be accompanied by: (1) a description of and schedule for the first month’s Rent, work to be performed by those persons and entities for whom and which such access is being requested; (2) certificates evidencing the insurance described names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in Article VII below, the Premises; (3) copies of all contracts pertaining to the Letter performance of Credit Security pursuant to Section 4.06 below, and the work for which such early access is being requested; (4) any items required as copies of such time pursuant all plans and specifications pertaining to the Work Letter Agreement attached hereto as Exhibit E work for which such access is being requested; (5) copies of all licenses and permits required in connection with the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy performance of the Premiseswork for which such access is being requested; (6) certificates of insurance (in amounts and with insured parties satisfactory to Landlord) and instruments of indemnification against all claims, costs, expenses, damages and Lessor reserves liabilities which may arise in connection with such work; and (7) assurances of the right availability of funds sufficient to make any use pay for all such work. All of the foregoing shall be subject to Landlord’s approval, which shall not be unreasonably withheld. (c) Any such entry into and occupation of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date by Tenant shall be on deemed to be under all of the terms terms, covenants, conditions and conditions provisions of this the Lease, except excluding only the obligation covenant to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior and Operating Expenses, but specifically including the obligation of Tenant to provide insurance pursuant to the Commencement Date that Lessee is occupying terms of the Lease. (d) Tenant does hereby agree to assume all risk of loss or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing)damage to its machinery, Lessee shall be required equipment, fixtures, and other personal property and to pay indemnify, defend, and hold Landlord harmless from any utilities loss or other costs incurred during damage to such period in the operation of Building 10. During property, and all liability, loss, or damage arising from any time period prior injury to the Commencement Date that Lessee is occupying the Premises in order to conduct its business thereinPremises, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if or the Commencement Date had occurred..property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of Tenant’s installations. THE INDEMNITY OBLIGATIONS OF TENANT UNDER THIS SECTION (d) WILL BE IN EFFECT EVEN IF THE INJURY IS THE RESULT OF, OR CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF LANDLORD.

Early Entry. Notwithstanding anything herein (i) As soon as practicable following the Effective Date, Sublandlord shall permit Subtenant and its contractors to enter the Subleased Premises for the exclusive purpose of measuring the Subleased Premises and performing other planning activities that are necessary as a precursor to the contrarySubtenant Work (as hereinafter defined). The scheduling and coordination of Subtenant’s contractors will be subject to regulation by Sublandlord to avoid interferences with labor employed by Sublandlord. (ii) Upon written request from Subtenant delivered after completion of the Sublandlord Work, as of October 1, 2006 Sublandlord may elect (the “Delivery Date”which election must be in writing), provided that Lessee has delivered in its sole discretion, to Lessor: permit Subtenant and its contractors and workmen to enter the Sublease Premises for the exclusive purposes of coordinating and performing the Subtenant Work (1as hereinafter defined) and relocating its services and equipment within the first monthSubleased Premises. The license permitted under this subsection (ii) shall be subject to (A) Subtenant’s Rentproviding Sublandlord with evidence of commercial general liability insurance in amounts reasonably required by Sublandlord, the requirements of subsection (2iii) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and such other terms and conditions as Sublandlord may impose in its sole discretion. (4iii) any items required as of such time pursuant The licenses to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date (but after the Effective Date) set forth in subparagraphs (i) and (ii) above, however, are conditioned upon Subtenant’s contractors working in harmony and not interfering with the labor employed by Sublandlord. Any such entry before the Commencement Date shall be on subject to all of the terms and conditions of this LeaseSublease, except the obligation covenant to pay Base Rent Rent; provided, that no such early entry shall be deemed to constitute occupancy by Subtenant or as is otherwise provided for in this Section 3.02change the Commencement Date. During Subtenant shall indemnify and hold harmless Sublandlord, Sublandlord’s affiliates, and any time period prior of their respective agents, employees, licensees, servants, invitees, or contractors from any damage to the Commencement Date that Lessee is occupying Building, the Subleased Premises or performing work in the Premises but is not conducting Lesseeany persons caused by Subtenant or Subtenant’s business therein (exclusive of systems testing)agents, Lessee shall be required to pay any utilities employees, licensees, servants, invitees, or other costs incurred contractors during such period of early entry or otherwise in connection with the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business therein, in addition to such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..Subtenant Work.

Early Entry. Notwithstanding anything herein to the contraryTenant and its authorized agents, as of October 1contractors, 2006 (the “Delivery Date”)subcontractors, provided that Lessee has delivered to Lessor: (1) the first month’s Rentconsultants and employees are hereby granted a license by Landlord, beginning two (2) certificates evidencing weeks prior to the Suite 1410 Expansion Commencement Date, to enter upon the Suite 1410 Expansion Premises at Tenant's sole risk and expense, other than Landlord's gross negligence or willful misconduct, for purposes of performing the installation of telecommunications wiring, fixtures, and equipment; provided, however, that (a) all obligations of Tenant under the Lease, as amended by this Third Amendment except with respect to the payment of rent with respect to the Suite 1410 Expansion Premises, shall apply during such early entry, (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time be provided by Tenant pursuant to the Work Letter Agreement attached hereto provisions of Article 11 of the Existing Lease as Exhibit E (though the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Suite 1410 Expansion Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy were part of the Premises, (c) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Third Amendment and Lessor reserves payment in an amount equal to the right Monthly Installment of Rent with respect to make any use the Suite 1410 Expansion Premises for the first (1st) month of the Premises that term in which such Monthly Installment of Rent is due ($23,476.75) and (d) Tenant shall not inconsistent interfere with Lessor’s obligation to deliver the Premises to Lessee as completion of the Delivery DateLandlord's Work in any material way provided that Tenant shall not be so delaying Landlord if Tenant corrects such underlying delay condition within one (1) business day after notice of same from Landlord. Lessee’s occupancy Upon Tenant's breach of any of the Premises following the Delivery Date but prior to the Commencement Date shall be on all of the terms and conditions of this Leaseforegoing conditions, except the obligation to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period prior to the Commencement Date that Lessee is occupying or performing work in the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business thereinLandlord may, in addition to exercising any of its other rights and remedies as expressly set forth in this Third Amendment, revoke such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..license upon notice to Tenant.

Early Entry. Notwithstanding anything herein Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of upon the Premises, at Tenant’s sole risk and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but expense, twenty-one (21) days prior to the Commencement Date shall be on all of to install fixtures and equipment, so long as such entry does not interfere with Landlord's work in the terms and conditions Premises or in the Project; provided, however, that (a) the provisions of this Lease, except other than with respect to the obligation to pay Base payment of Monthly Rent or as is otherwise provided for in this Section 3.02. During any time period payment of Operating Expenses, shall apply during such early entry, including, but not limited to, the 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 Commencement Date that Lessee is occupying insurance to be provided by Tenant pursuant to the provisions of Article XI, (c) Tenant shall pay all separately metered utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Monthly Rent and Tenant’s Share of estimated Operating Expenses for the first (1st) month) of the Term in which such amounts are due, plus (ii) the L-C (as defined below) required under Section 4.6 below, and (e) Tenant shall not interfere with the completion of the Tenant Improvements or performing any other Landlord's work in the Premises but is not conducting LesseeProject in any way. Upon Tenant’s business therein (exclusive breach of systems testing)any of the foregoing conditions, Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying the Premises in order to conduct its business thereinLandlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such expenses described in the preceding sentence, Lessee shall also pay all of the Operating Expenses and other Additional Rent for the Project which would have been due under this Lease as if the Commencement Date had occurred..license upon Notice to Tenant.

Early Entry. Notwithstanding anything herein During any period that Tenant shall be permitted to the contrary, as of October 1, 2006 (the “Delivery Date”), provided that Lessee has delivered to Lessor: (1) the first month’s Rent, (2) certificates evidencing the insurance described in Article VII below, (3) the Letter of Credit Security pursuant to Section 4.06 below, and (4) any items required as of such time pursuant to the Work Letter Agreement attached hereto as Exhibit E (the “Work Letter”) between Lessor and Lessee, Lessee and Lessee’s invitees may enter the Premises to the extent reasonably necessary, at Lessee’s sole risk, for the sole purpose of installation of Lessee’s improvements, alterations, furniture, trade fixtures, equipment, telecommunications systems and other equipment thereon. Prior to the Delivery Date, Lessee shall have no right of possession or occupancy of the Premises, and Lessor reserves the right to make any use of the Premises that is not inconsistent with Lessor’s obligation to deliver the Premises to Lessee as of the Delivery Date. Lessee’s occupancy of the Premises following the Delivery Date but prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall be on comply with all of the terms and conditions provisions of this Lease, except those provisions requiring the obligation payment of Rent. If Tenant shall be permitted to pay Base Rent or as is otherwise provided for in this Section 3.02. During any time period enter the Premises prior to the Commencement Date that Lessee is for the purpose of occupying or performing work the same, Rent shall commence on such date at the rate specified in the Table for the first period during which Rent is payable after the Commencement Date; and if Tenant shall commence occupying only a portion of the Premises but is not conducting Lessee’s business therein (exclusive of systems testing), Lessee shall be required to pay any utilities or other costs incurred during such period in the operation of Building 10. During any time period prior to the Commencement Date that Lessee is occupying Date, Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall permit early entry, provided the Premises are legally available and Landlord has completed any Work required under this Lease. In no event shall Tenant's early entry extend or shorten the Term of the Lease set forth in order S 1.2 above. Notwithstanding anything to conduct the contrary herein, Tenant shall have the right enter the Premises free from the obligation to pay Rent for the period commencing on the date of the parties' full execution and delivery of this Lease to each other for the limited purposes installing Tenant's furniture and fixtures and telephone and data equipment, lines, and cabling and otherwise preparing the Premises for Tenant's occupancy (but not the purpose of conducting its business therein), in addition to such expenses described in the preceding sentence, Lessee shall also pay all provided that Tenant's activity does not interfere with Landlord's completion of the Operating Expenses Work and other Additional Rent for that Tenant has delivered to Landlord the Project which would have been due under this Lease as if insurance certificates and the Commencement Date had occurred..Security Deposit required hereunder.