Common use of Early Entry Clause in Contracts

Early Entry. 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 this 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 (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 prompt approval by Sub-Sublandlord (each of which notice and 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 commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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) reasonable costs incurred by Sub-Sublandlord in repairing or 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 case of (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 obligated to pay Rent.

Early Entry. Provided no Default by Sub-Subtenant then exists, from and after the date that is fifteen (15) days immediately prior Notwithstanding anything to the Sub-Sublease Commencement Date (such periodcontrary in Paragraphs 2B and ----------- 2C, the “Early Access Period”), Sub-Subtenant Tenant and its agents and contractors shall be permitted to access enter the Sub-Subleased Premises (subject prior to the provisions Commencement Date for the purpose of this subsection (b)) for purposes of inspecting sameinstalling at Tenant's sole cost and expense, surveying requirements, moving Tenant's trade fixtures and performing any move-related tasks, including installing furniture, fixtures, equipment, voice telephone equipment, security systems and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises (subject to the provisions of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease)for computers. Such access to the Sub-Subleased Premises entry shall be subject to commercially reasonable prior notice 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 prompt approval by Sub-Sublandlord its agents in the Premises pursuant to this Paragraph 40 shall (each of which notice and approval may i) be telephonic undertaken at Tenant's sole risk, (ii) not interfere --------- with or by email correspondencedelay 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 be at no charge to Sub-Subtenantindemnify, 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 in no event shall Sub-Subtenant be permitted to commence business operations in without limiting thereby the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval generality of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, such assistance shall specifically include coordination with the Building’s property manager. Notwithstanding the foregoing, neither Sub-Subtenant nor injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any agent, contractor, representative, employee or invitee early entry right granted hereunder. In the event Tenant's work in said Premises delays the completion 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 interior improvements 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 any of its Invitees shall use commercially reasonable efforts to neither delay nor otherwise inhibit the work being performed in the Sub-Subleased Premises be provided by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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 BuildingLandlord, if any, and (ii) reasonable costs incurred or in the event Tenant has not completed construction of it's interior improvements by Sub-Sublandlord in repairing 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 June 1, 1995 regardless of the construction status of said interior improvements completed or replacing any damage to the Sub-Subleased Premises required to be repaired completed by Sublandlord under the Sublease Tenant 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 case of (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 obligated to pay RentLandlord.

Early Entry. Provided no Default Tenant and its authorized agents, contractors, subcontractors, consultants and employees are hereby granted a license by Sub-Subtenant then existsLandlord, from and after the date that is fifteen beginning two (152) days immediately weeks 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 this 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 (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 prompt approval by Sub-Sublandlord (each of which notice and 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 commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Suite 1410 Expansion Commencement Date, except to enter upon the extent any damage is caused to such property due to Sub-Sublandlord’s Suite 1410 Expansion Premises at Tenant's sole risk and expense, other than Landlord's gross negligence or willful misconduct. Sub-Subtenant shall reimburse Sub-Sublandlord, within thirty for purposes of performing the installation of telecommunications wiring, fixtures, and equipment; provided, however, that (30a) days after invoiceall obligations of Tenant under the Lease, all costs actually incurred as amended by Sub-Sublandlord associated this Third Amendment except with Sub-Subtenant’s access during the Early Access Period, including (i) costs 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 respect to the Building, if any, and (ii) reasonable costs incurred by Sub-Sublandlord in repairing or replacing any damage payment of rent with respect to the Sub-Subleased Premises required 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 to be repaired provided by Sublandlord under Tenant pursuant to the Sublease or provisions of Article 11 of the Existing Lease as though the Suite 1410 Expansion Premises were part of the Premises, (iiic) reasonable costs incurred by Sub-Sublandlord prior to such entry, Tenant shall have delivered to Landlord an executed original of this Third Amendment and payment in repairing or replacing damage an amount equal to any property or equipment located therein and required the Monthly Installment of Rent with respect to be repaired by Sublandlord under the Sublease, Suite 1410 Expansion Premises for the first (1st) month of the term in which damage, in the case such Monthly Installment of Rent is due (ii$23,476.75) and (iiid) above, was caused by Sub-Subtenant or its Invitees. Notwithstanding anything in this Sub-Sublease to Tenant shall not interfere with the contrary, all completion of the provisions of this Sub-Sublease (including, without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except Landlord's Work in any material way provided that during such period Sub-Subtenant Tenant shall not be obligated so delaying Landlord if Tenant corrects such underlying delay condition within one (1) business day after notice of same from Landlord. Upon Tenant's breach of any of the foregoing conditions, Landlord may, in addition to pay Rentexercising any of its other rights and remedies as expressly set forth in this Third Amendment, revoke such license upon notice to Tenant.

Early Entry. Provided no Default by Sub-Subtenant then existsAs described in the Work Letter Agreement, from Landlord will be constructing the Shell and after turning it over to Tenant for the date that is fifteen (15) days immediately prior construction of the Tenant Improvements. Landlord agrees to provide Tenant with reasonable access to the Sub-Sublease Commencement Date Shell no later than August 1, 2001, even though construction of the Shell will not be substantially complete by such date (as such period, the “Early Access Period”), Sub-Subtenant 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 access as the Sub-Subleased "SHELL AVAILABILITY DATE"). Tenant may elect to enter upon the Shell commencing on the Shell Availability Date in order to commence the construction of the 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 Work will be subject to the following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and any other personnel under Tenant's control ("TENANT'S PERSONNEL") entering the Premises, will reasonably cooperate with Landlord and Landlord's general contractor; (ii) Tenant agrees that any such early entry 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, 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 subsection Lease relating to insurance; (b)iv) for purposes of inspecting sameTenant and Tenant's Personnel agree to comply with all applicable laws, surveying requirementsregulations, moving permits and performing any move-related tasks, including installing furniture, fixtures, equipment, voice and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises (subject other approvals required 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 prompt approval by Sub-Sublandlord (each of which notice and approval may be telephonic perform Tenant's Work or by email correspondence), the early entry on the Shell by Tenant and shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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, Tenant's Personnel; and (iiv) reasonable costs incurred by Sub-Sublandlord in repairing or replacing Tenant agrees to indemnify, protect, defend and save Landlord harmless from and against 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 Subleaseall liens, which damageliabilities, in the case losses, damages, costs, expenses, demands, actions, causes of (ii) action 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 claims (including, without limitation, attorneys' fees and legal costs) arising out of the 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 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 to cease in the event Tenant has not taken action to remedy such interference within forty-eight (48) hours following Landlord's notice to Tenant of the existence of the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's work, Tenant agrees to cause Tenant's Personnel to remove all insurancetools, indemnity equipment and utility provisions) shall apply materials from the Shell. Notwithstanding the foregoing, during the Early Access Periodperiod following the Shell Availability Date and prior to the Commencement Date, except 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 Premises so that during Tenant can be open for business in the Premises no later than the day prior to the scheduled Commencement Date of December 1, 2001, subject to Tenant Delays, Landlord Delays and force majeure delays. Accordingly, Landlord shall make available its contractors to meet and confer with Tenant's Personnel at least three (3) weeks prior to the Shell Availability Date to establish a schedule which is convenient for all parties involved to complete such period Sub-Subtenant shall not be obligated to pay Rentwork in a timely manner.

Early Entry. Provided no Default by Sub-Subtenant then exists, from and after the date that is fifteen (15) days immediately prior Subject to the Sub-Sublease Commencement Date provisions of Paragraph 9 (such period, the “Early Access PeriodAs Is Basis”), Sub-Subtenant upon receipt of written notice from Landlord (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 access enter the Sub-Subleased Premises (subject prior to the provisions Commencement Date for the purpose of this subsection (b)) for purposes of inspecting sameinstalling at Tenant’s sole cost and expense, surveying requirements, moving Tenant’s trade fixtures and performing any move-related tasks, including installing furniture, fixtures, equipment, voice telephone equipment, security systems and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises for computers (subject to the provisions of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease“Tenant’s Work”). Such access to the Sub-Subleased Premises entry shall be subject to commercially reasonable prior notice 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 prompt approval by Sub-Sublandlord its agents in the Premises pursuant to this Paragraph 2.C shall (each of which notice and approval may i) be telephonic undertaken at Tenant’s sole risk, (ii) not interfere with or by email correspondencedelay 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 be at no charge to Sub-Subtenantindemnify, 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 in no event shall Sub-Subtenant be permitted to commence business operations in without limiting thereby the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval generality of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, such assistance shall specifically include coordination with the Building’s property manager. Notwithstanding the foregoing, neither Sub-Subtenant nor injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any agent, contractor, representative, employee or invitee early entry right granted hereunder. In the event Tenant’s Work in said Premises delays the completion 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 interior improvements 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 any of its Invitees shall use commercially reasonable efforts to neither delay nor otherwise inhibit the work being performed in the Sub-Subleased Premises be provided by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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 BuildingLandlord, if any, and or in the event Tenant has not completed Tenant’s Work by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the earlier of (iix) reasonable costs incurred occupancy of any portion of the Premises by Sub-Sublandlord in repairing 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 replacing any damage to (y) the Sub-Subleased Premises required scheduled Commencement Date of November 1, 2006 regardless of the construction status of said interior improvements completed or to be repaired completed by Sublandlord Tenant or Landlord, as the case may be. It is the intent of the parties hereto that the commencement of Tenant’s obligation to pay Rent under the Sublease Lease not be delayed by any of such causes or by any other act of Tenant (iiiexcept as expressly provided herein) 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 damageand, in the case event it is so delayed, Tenant’s obligation to pay Rent under the Lease shall commence as of (ii) and (iii) above, was the date it would otherwise have commenced absent delay caused by Sub-Subtenant or its InviteesTenant. Notwithstanding anything It is agreed in this Sub-Sublease to the contrary, all event said Lease commences on a date other than the first day of the provisions month the Term of this Sub-Sublease (including, without limitation, all insurance, indemnity and utility provisions) shall apply the Lease will be extended to account for the number of days in the partial month. The Basic Rent during the Early Access Period, except that during such period Subresulting partial month will be pro-Subtenant shall not be obligated to pay Rent.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. Provided no Default by Sub-Subtenant then existsUpon receipt of written notice from Landlord that the Premises is available for Tenant's entry, from Tenant 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 its agents and contractors shall be permitted to access enter the Sub-Subleased Premises (subject prior to the provisions Commencement Date for the purpose of this subsection (b)) for purposes of inspecting sameinstalling at Tenant's sole cost and expense, surveying requirements, moving Tenant's trade fixtures and performing any move-related tasks, including installing furniture, fixtures, equipment, voice telephone equipment, security systems and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises for computers (subject to the provisions of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease"Tenant's Work"). Such access to the Sub-Subleased Premises entry shall be subject to commercially reasonable prior notice 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 prompt approval by Sub-Sublandlord (each of which notice and 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 commence business operations its agents in the Sub-Subleased Premises prior pursuant to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord this Paragraph 47 shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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 anybe undertaken at Tenant's sole risk, and (ii) 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 costs incurred by Sub-Sublandlord in repairing attorney's fees), claim or replacing any 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 Sub-Subleased exercise by Tenant of any early entry right granted hereunder. In the event Tenant's Work in said Premises required delays the completion of the interior improvements to be repaired provided by Sublandlord under Landlord, if any, or in the Sublease event Tenant has not completed Tenant's Work by the scheduled Commencement Date, it is agreed between the parties that this Lease will commence on the scheduled Commencement Date of May 1, 2003 regardless of the construction status of said interior improvements completed 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 completed by Sublandlord under the SubleaseTenant or Landlord, which damage, in as the case of (ii) and (iii) abovemay be, was caused by Sub-Subtenant or its Invitees. Notwithstanding anything unless the parties agree in this Sub-Sublease writing to delay 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 obligated to pay RentLease Commencement Date.

Early Entry. Provided no Default Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Sub-Subtenant then existsLandlord to enter upon the Premises, from at Tenant's sole risk and after the date that is fifteen (15) days immediately expense, during ordinary business hours prior to the Sub-Sublease Commencement Date Date, for the sole purpose of installing Tenant's trade fixtures and equipment in the Premises; provided, however, that: (i) the provisions of this Lease, other than with respect to the payment of Monthly Rent, Operating Expenses and Real Property Taxes, shall apply during such periodearly entry, including, but not limited to, the “Early Access Period”)provisions of Article 11 relating to Tenant's indemnification of Landlord; (ii) prior to any such entry, Sub-Subtenant Tenant shall pay for and provide evidence of the insurance to be permitted to access the Sub-Subleased Premises (subject provided by Tenant pursuant to the provisions of this subsection Section 8.4 and Article 11; (b)iii) Tenant shall pay all utility, service and maintenance charges for purposes the Premises attributable to Tenant's early entry and use of inspecting samethe Premises as reasonably determined by Landlord; (iv) Tenant shall not unreasonably interfere, surveying requirementsdelay or hinder Landlord, moving and performing any move-related tasksits agents, including installing furniture, fixtures, equipment, voice and data systems, telecommunications cabling and wiring contractors or subcontractors in the Sub-Subleased Premises (subject to construction of the Tenant improvements in accordance with the provisions of this Sub-Sublease, including, without limitation, Section 7 Lease; and (v) Tenant shall not use the Premises for the storage of this Sub-Sublease). Such access to inventory or otherwise commence the Sub-Subleased Premises shall be subject to commercially reasonable prior notice to and prompt approval by Sub-Sublandlord (each operation of which notice and approval may be telephonic business in or by email correspondence), and shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to commence business operations in from the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 determinesperiod of such early entry. Upon Tenant's breach of any of the foregoing conditions, Landlord may, 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 addition 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 exercising any of its Invitees other rights and remedies set forth herein, revoke such license upon notice to Tenant. Early entry by Tenant in accordance with this Section 3.3 shall use commercially reasonable efforts to neither delay nor otherwise inhibit not constitute occupancy of the work being performed in Premises for purposes of establishing the Sub-Subleased Premises by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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) reasonable costs incurred by Sub-Sublandlord in repairing or 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 case of (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 obligated to pay Rent.

Early Entry. Provided no Default Upon receipt of written notice from Landlord (by Sub-Subtenant then existsU.S. Mail, from facsimile or electronic mail) that the Premises is available for Tenant’s entry, Tenant 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 its agents and contractors shall be permitted to access enter the Sub-Subleased Premises (subject prior to the provisions Commencement Date for the purpose of this subsection (b)) for purposes of inspecting sameconstructing its improvements, surveying requirementsif any, moving in the Premises and/or installing at Tenant’s sole cost and performing any move-related tasksexpense, including installing furniture, fixtures, Tenant’s trade fixtures and equipment, voice telephone equipment, security systems and data systemscabling for computers (“Early Entry Date”). If applicable, telecommunications cabling and wiring in Landlord shall notify Tenant of the Sub-Subleased Premises Early Entry Date not less than ten (subject 10) days prior to the provisions date Landlord anticipates achieving Substantial Completion of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease)the Landlord Interior Improvements. Such access to the Sub-Subleased Premises entry shall be subject to commercially reasonable prior notice 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 prompt approval by Sub-Sublandlord (each of which notice and 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 commence business operations its agents in the Sub-Subleased Premises prior pursuant to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord this Paragraph 2.C shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs which are billed to Sub-Sublandlord by Sublandlordbe undertaken at Tenant’s sole risk, including, without limitation, engineering charges or overtime/extra hours service charges associated with non-business hour access to the Building, if any, and (ii) reasonable costs incurred by Sub-Sublandlord in repairing not interfere with or 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 Subleasedelay Landlord’s Interior Improvements, which damage, in the case of (ii) 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 Landlord’s Interior Improvements, Landlord’s Interior Improvements, then for purposes of Paragraph 2.B(a) above, was the Landlord’s Interior Improvements shall be deemed to have been Substantially Completed on the date such Substantial Completion would have occurred but for the actual delay caused by Sub-Subtenant or its InviteesTenant. Notwithstanding anything in this Sub-Sublease to It is the contrary, all intent of the provisions parties hereto that the Commencement of this Sub-Sublease (includingthe Lease and Tenant’s obligation to pay Rent under the Lease not be delayed by any of such causes or by any other act of Tenant and, without limitationin the event it is so delayed, all insurance, indemnity the Lease and utility provisions) Tenant’s obligation to pay Rent under the Lease shall apply commence as of the date it would otherwise have commenced regardless of the construction status of said interior improvements completed or to be completed by Tenant 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 Early Access 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, except that during such period Sub-Subtenant shall not be obligated to pay Rent.

Early Entry. Provided no Default by Sub-Subtenant then exists(a) Subject to Legal Requirements and Landlord’s prior written approval, from and after the date that is fifteen (15) days immediately prior Landlord may allow Tenant to the Sub-Sublease Commencement Date (such periodinstall its machinery, the “Early Access Period”), Sub-Subtenant shall be permitted to access the Sub-Subleased Premises (subject to the provisions of this subsection (b)) for purposes of inspecting same, surveying requirements, moving and performing any move-related tasks, including installing furnitureequipment, fixtures, equipment, voice and data systems, telecommunications cabling and wiring in or other personal property on the Sub-Subleased 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. (subject b) Tenant shall give to the provisions Landlord not less than five (5) days’ prior written notice of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease). Such its request to have such access to the Sub-Subleased Premises Premises, which notice shall contain and/or shall be accompanied by: (1) a description of and schedule for the work to be performed by those persons and entities for whom and which such access is being requested; (2) the names and addresses of all contractors, subcontractors and material suppliers for whom and which such early access is being requested and the approximate number of individuals, itemized by trade, who will be present in the Premises; (3) copies of all contracts pertaining to the performance of the work for which such early access is being requested; (4) copies of all plans and specifications pertaining to the work for which such access is being requested; (5) copies of all licenses and permits required in connection with the performance of the work 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 liabilities which may arise in connection with such work; and (7) assurances of the availability of funds sufficient to pay for all such work. All of the foregoing shall be subject to commercially reasonable prior notice to Landlord’s approval, which shall not be unreasonably withheld. (c) Any such entry into and prompt approval occupation of the Premises by Sub-Sublandlord (each of which notice and approval may be telephonic or by email correspondence), and Tenant shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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) reasonable costs incurred by Sub-Sublandlord in repairing or replacing any damage to the Sub-Subleased Premises required deemed 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 case of (ii) and (iii) above, was caused by Sub-Subtenant or its Invitees. Notwithstanding anything in this Sub-Sublease to the contrary, all of the terms, covenants, conditions and provisions of this Sub-Sublease (includingthe Lease, without limitation, all insurance, indemnity and utility provisions) shall apply during excluding only the Early Access Period, except that during such period Sub-Subtenant shall not be obligated covenant to pay RentBase Rent and Operating Expenses, but specifically including the obligation of Tenant to provide insurance pursuant to the terms of the Lease. (d) Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property and to indemnify, defend, and hold Landlord harmless from any loss or damage to such property, and all liability, loss, or damage arising from any injury to the Premises, the Project or the 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. Provided no Default by Sub-Subtenant then exists, from and after the date that is fifteen thirty (1530) 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 this subsection (b)) for purposes of inspecting same, surveying requirements, moving 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 (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 prompt approval by Sub-Sublandlord (each of which notice and 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 commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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, neither Sub-Subtenant and nor any of its Invitees shall use commercially reasonable efforts to neither delay nor or otherwise inhibit the work being performed in the Sub-Subleased Premises by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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) reasonable costs incurred by Sub-Sublandlord in repairing or replacing any damage to the Sub-Subleased Premises required to be repaired repaird 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 case of (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 obligated to pay Rent.

Early Entry. Provided no Default by SubLandlord agrees to provide Tenant with at least forty-Subtenant then exists, from and after five (45) days' prior written notice of the date that is fifteen (15"Shell Delivery Date") days immediately prior on which the Building shell will be substantially complete. Tenant may elect to enter upon the Premises commencing on the Shell Delivery Date in order to install communications cable, fixtures and racking and the like, at Tenant's sole cost and expense (collectively, "Tenant's Work"). Any such entry by Tenant for the purpose of Tenant's Work will be subject to the Sub-Sublease Commencement Date following conditions: (i) Tenant, together with its employees, agents, independent contractors, suppliers and any other personnel under Tenant's control ("Tenant's Personnel") entering the Premises, will cooperate with Landlord and Landlord's general contractor; (ii) Tenant agrees that any such period, the “Early Access Period”), Sub-Subtenant shall be permitted to access the Sub-Subleased Premises (early entry 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, 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 subsection Lease relating to insurance; (b)iv) for purposes of inspecting sameTenant and Tenant's Personnel agree to comply with all applicable laws, surveying requirementsregulations, moving permits and performing any move-related tasks, including installing furniture, fixtures, equipment, voice and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises (subject other approvals required 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 prompt approval by Sub-Sublandlord (each of which notice and approval may be telephonic perform Tenant's Work or by email correspondence), and shall be at no charge to Sub-Subtenant, but in no event shall Sub-Subtenant be permitted to commence business operations in the Sub-Subleased Premises prior to early entry on the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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, Tenant and Tenant's Personnel; and (iiv) reasonable costs incurred by Sub-Sublandlord in repairing or replacing Tenant agrees to indemnify, protect, defend and save Landlord harmless from and against 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 Subleaseall liens, which damageliabilities, in the case losses, damages, costs, expenses, demands, actions, causes of (ii) action 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 claims (including, without limitation, attorneys' fees and legal costs) arising out of the 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 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 to cease in the event Tenant has not taken action to remedy such interference within forty-eight (48) hours following Landlord's notice to Tenant of the existence of the same, and if Landlord so requires in connection therewith because such items are interfering with Landlord's Work, Tenant agrees to cause Tenant's Personnel to remove all insurancetools, indemnity equipment and utility provisions) shall apply during materials from the Early Access Period, except that during such period Sub-Subtenant shall not be obligated to pay RentPremises.

Early Entry. Provided no Default Upon receipt of written notice from Landlord (by Sub-Subtenant then existsU.S. Mail, from facsimile or electronic mail) that the Premises is available for Tenant’s entry, Tenant 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 its agents and contractors shall be permitted to access enter the Sub-Subleased Premises (subject prior to the provisions Commencement Date for the purpose of this subsection (b)) for purposes of inspecting sameinstalling at Tenant’s sole cost and expense, surveying requirements, moving Tenant’s trade fixtures and performing any move-related tasks, including installing furniture, fixtures, equipment, voice telephone equipment, security systems and data systems, telecommunications cabling and wiring in the Sub-Subleased Premises (subject to the provisions of this Sub-Sublease, including, without limitation, Section 7 of this Sub-Sublease)for computers. Such access to the Sub-Subleased Premises entry shall be subject to commercially reasonable prior notice 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 prompt approval by Sub-Sublandlord its agents in the Premises pursuant to this Paragraph 2.C shall (each of which notice and approval may i) be telephonic undertaken at Tenant’s sole risk, (ii) not interfere with or by email correspondencedelay 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 be at no charge to Sub-Subtenantindemnify, 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 in no event shall Sub-Subtenant be permitted to commence business operations in without limiting thereby the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval generality of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, such assistance shall specifically include coordination with the Building’s property manager. Notwithstanding the foregoing, neither Sub-Subtenant nor injury to or death of persons and damage to or loss of property arising out of the exercise by Tenant of any agent, contractor, representative, employee or invitee early entry right granted hereunder. In the event Tenant’s work in said Premises delays the completion 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 interior improvements 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 any of its Invitees shall use commercially reasonable efforts to neither delay nor otherwise inhibit the work being performed in the Sub-Subleased Premises be provided by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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 BuildingLandlord, if any, and or in the event Tenant has not completed construction of its interior 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, 2005, or the date described in Paragraph 2.B (ii) reasonable costs incurred by Sub-Sublandlord in repairing ‘Tender of Possession”), regardless of the construction status of said interior improvements completed or replacing any damage to the Sub-Subleased Premises required to be repaired completed by Sublandlord Tenant or Landlord, as the case may be. It is the intent of the parties hereto that the commencement of Tenant’s obligation to pay Rent under the Sublease Lease not be delayed by any of such causes or by any other act of Tenant (iiiexcept as expressly provided herein) 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 damageand, in the case event it is so delayed, Tenant’s obligation to pay Rent under the Lease shall commence as of (ii) and (iii) above, was the date it would otherwise have BUILDING: 1098 Alta PROPERTY: 1-0001 UNIT: 1 LEASE ID: 0001-SONI01-01 commenced absent delay caused by Sub-Subtenant or its InviteesTenant. Notwithstanding anything 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 this Sub-Sublease to the contraryPremises, all Landlord shall deliver early entry of the provisions 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 this Sub-Sublease (including, without limitation, all insurance, indemnity and utility provisions) shall apply 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 Early Access Period, except that during such period Subresulting partial month will be pro-Subtenant shall not be obligated to pay Rent.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. Provided no Default Tenant and its authorized agents, contractors, subcontractors and employees are hereby granted a license by Sub-Subtenant then existsLandlord, 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 this 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 (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 effective upon Landlord’s notice to and prompt approval by Sub-Sublandlord (each Tenant of which notice and 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 commence business operations in the Sub-Subleased Premises prior to surrender of the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 any of its Invitees shall use commercially reasonable efforts to neither delay nor otherwise inhibit the work being performed in the Sub-Subleased Expansion Premises by Sub-Sublandlord or Sub-Sublandlord’s agents or employees. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to tenant currently leasing such space and continuing until the Sub-Sublease Expansion Commencement Date, except to enter upon the extent any damage is caused to such property due to Sub-SublandlordExpansion Premises at Tenant’s sole risk and expense, other than Landlord’s gross negligence or willful misconduct. Sub-Subtenant , for purposes of performing the Tenant Improvements and installing telecommunications wiring, fixtures, and equipment; provided, however, that all obligations of Tenant under the Lease, as amended by this Second Amendment except with respect to the payment of rent with respect to the Expansion Premises, shall reimburse Sub-Sublandlordapply during such early entry, within thirty (30b) days after invoiceprior to any such entry, all costs actually incurred Tenant shall pay for and provide evidence of the insurance to be provided by Sub-Sublandlord associated with Sub-Subtenant’s access during Tenant pursuant to the Early Access Periodprovisions of Article 11 of the Existing Lease as though the Expansion Premises were part of the Premises, including (c) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Second Amendment and payment in an amount equal to (i) costs which are billed to Sub-Sublandlord by Sublandlord, including, without limitation, engineering charges or overtime/extra hours service charges associated the Monthly Installment of Rent with non-business hour access respect to the BuildingExpansion Premises for the first (1st) month of the term in which such Monthly Installment of Rent is due ($26,433), if anyplus (ii) the cash Security Deposit set forth in Section 10 below ($702,821.10), and (iid) reasonable costs incurred by Sub-Sublandlord in repairing or replacing any damage to Tenant shall not interfere with the Sub-Subleased Premises required to be repaired by Sublandlord under completion of the Sublease or Landlord’s Work (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, as defined in the case of (iiattached Exhibit B-1) 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 any way provided that during such period Sub-Subtenant Tenant shall not be obligated so delaying Landlord if Tenant corrects such underlying delay condition within one (1) business day after notice of same from Landlord. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to pay Rentexercising any of its other rights and remedies set forth herein, revoke such license upon notice to Tenant.

Early Entry. Provided no Default Upon request by Sub-Subtenant then exists▇▇▇▇▇▇ , from Land l ord sha ll permit Tenant and after its contractors to e nter the date that is fifteen (15Premises seven ( 7 ) days immediately prior to the Sub-Sublease Commencement Date Date, in order that Tenant may perform through its own contractor(s) (such period, who must be approved by Landlord) other work and decorations Tenant want s in the “Premises while Landlord's contractors are working (an "Early Access Period”), Sub-Subtenant shall be permitted Entry") . This license to access the Sub-Subleased Premises (enter prior to Substantial Completion of Tenant Improvements is subject to the provisions following conditions : (I) Tenant's contractor(s) must work in harmony and not interfere with Landlord 's contractors and s ubcontractors; (2) prior to commencement of the work by ▇▇▇▇▇▇'s contractor(s), Tenant must deliver evidence to Landlord of compliance with the requirements of Paragraph 8; and (3) Tenant is subject to all terms of this subsection (b)Lease other than the obligation to pay Base Rent and ▇▇▇▇▇▇'s share of e l ectricity and Operating Expenses. Landlord may revoke this li cense upon forty - eight ( 48 ) 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 (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 hours ' notice to and prompt approval by Sub-Sublandlord (each of which notice and approval may be telephonic Tenant if the entry causes di s harmony or by email correspondence)interference with the Tenant Improvements or any Additional Work . NO LANDLORD INDEMNITEE IS LIABL E IN ANY WAY FOR ANY INJURY, LOSS , OR DAMAGE THAT OCCURS TO ANY OF TENANT'S DECORATIONS OR INSTALLATIONS MADE PRIOR TO SUBSTANTIAL COMPLET IO N OF THE TENANT IMPROVEMENTS, THE ENTRY BEING SOLELY AT TENANT'S RISK . TENANT SHALL I NDEMNIFY, DEFEND , AND HOLD LANDLORD INDEMNITEES HARMLESS FROM ANY CLAIMS ARISING FROM ACT I VITIES OF TENANT'S CONTRACTORS, WORKERS, AND MECHANICS, EVEN IF DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OR STRICT LIABILITY OF ANY LANDLORD INDEMNITEE . E . PROJECT ENGINEER . Tenant must use the fire alarm , mechanical , electrica l , and plumbing engineer(s) of record for the Centre in connection with any Tenant Improvements or Additional Work affecting the Bu ildin g's fire alarm, mechanical , electrica l , or plumbing systems . Landlord shall be at no charge designate from time to Sub-Subtenanttime ( l ) the mechanical, but in no event shall Sub-Subtenant be permitted to commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval e l ectr i ca l and plumbing engineer of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to record for the Building ; and ( 2 ) the Sub-Subleased Premises, such assistance shall specifically include coordination with fire a l arm contractor o f record for the Building’s property managerBuilding . 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 PremisesF. PAYMENTS BY TE ▇▇▇ ▇ . Prior All amounts payable by Tenant under this Exhibit Bare payable 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 any 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. Sub-Subtenant shall reimburse Sub-Sublandlord, Landlord as additional Rent within thirty (30ten ( I 0 ) days after invoice, all costs actually incurred by Sub-Sublandlord associated with Sub-Subtenant’s access during the Early Access Period, including (i) costs 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) reasonable costs incurred by Sub-Sublandlord in repairing or 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 case ▇▇▇▇▇▇'s receipt of (ii) and (iii) above, was caused by Sub-Subtenant or its InviteesL an dlord' s demand . 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 obligated to pay Rent.G.

Early Entry. Provided no Default Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by SubLandlord to enter upon the Premises, at Tenant’s sole risk and expense, twenty-Subtenant then exists, from and after the date that is fifteen one (1521) days immediately prior to the Sub-Sublease Commencement Date to install fixtures and equipment, so long as such entry does not interfere with Landlord's work in the Premises or in the Project; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Monthly Rent or payment of Operating Expenses, shall apply during such periodearly entry, including, but not limited to, the “Early Access Period”)provisions of Article XI relating to Tenant’s indemnification of Landlord, Sub-Subtenant (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be permitted to access the Sub-Subleased Premises (subject 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 subsection Lease and payment in an amount equal to: (b)i) Monthly Rent and Tenant’s Share of estimated Operating Expenses for purposes the first (1st) month) of inspecting samethe Term in which such amounts are due, surveying requirementsplus (ii) the L-C (as defined below) required under Section 4.6 below, moving and performing (e) Tenant shall not interfere with the completion of the Tenant Improvements or any move-related tasks, including installing furniture, fixtures, equipment, voice and data systems, telecommunications cabling and wiring other Landlord's work in the Sub-Subleased Premises (subject to Project in any way. Upon Tenant’s breach of any of the provisions of this Sub-Subleaseforegoing conditions, 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 prompt approval by Sub-Sublandlord (each of which notice and 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 commence business operations in the Sub-Subleased Premises prior to the Sub-Sublease Commencement Date without the approval of Sub-Sublandlord. Sub-Sublandlord shall use reasonable efforts to assist with the coordination of Sub-Subtenant’s access to the Building and the Sub-Subleased Premises, 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 determinesLandlord may, 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 addition 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 exercising any of its Invitees shall use commercially reasonable efforts other rights and remedies set forth herein, revoke such license upon Notice 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. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-Subtenant or any Invitee prior to the Sub-Sublease Commencement Date, except to the extent any damage is caused to such property due to Sub-Sublandlord’s gross negligence or willful misconduct. 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) costs 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) reasonable costs incurred by Sub-Sublandlord in repairing or 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 case of (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 obligated to pay RentTenant.