Common use of Tenant's Entry Into the Expansion Space Prior to Substantial Completion Clause in Contracts

Tenant's Entry Into the Expansion Space Prior to Substantial Completion. Subject to the terms hereof and provided that Tenant and its agents do not materially interfere with, or delay, Contractor’s work in the Project, the Building and the Expansion Space, at Landlord’s reasonable discretion, Contractor shall allow Tenant access to the Expansion Space no less than fifteen (15) days prior to the anticipated Substantial Completion of the Expansion Space for the purpose of Tenant installing equipment and/or fixtures (including Tenant’s data and telephone equipment) in the Expansion Space. Prior to Tenant’s entry into the Expansion Space as permitted by the terms of this Section 5. 1, Tenant shall submit a schedule to Landlord and Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant’s entry. In connection with any such entry, Tenant acknowledges and agrees that Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not materially interfere with Landlord or Landlord’s Contractor, agents or representatives in performing work in the Project, the Building and the Expansion Space, or interfere with the general operation of the Building and/or the Project. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or material interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by Landlord, then Landlord may revoke Tenant’s entry rights upon twenty-four (24) hours’ prior written notice to Tenant. Tenant acknowledges and agrees that any such entry into and occupancy of the Expansion Space or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease (as modified by the Second Amendment), excluding only the covenant to pay Rent or other amounts due with respect to the Expansion Space (until the occurrence of the Expansion Commencement Date). Such requirements shall include, without limitation, that Tenant and any other parties allowed access to the Expansion Space shall provide Landlord with evidence of insurance as required by Landlord pursuant to the Lease. Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work made in or about the Expansion Space in connection with such entry or to any property placed therein prior to the Expansion Commencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to any portion of the Expansion Space, including the Tenant Improvement work, caused by Tenant or any of Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. If the performance of Tenant’s work in connection with such entry causes extra costs to be incurred by Landlord or requires the use of any Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such Building services at Landlord’s standard rates then in effect. In addition, Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Expansion Space and against injury to any persons caused by Tenant’s actions pursuant to this Section 5.1.

Tenant's Entry Into the Expansion Space Prior to Substantial Completion. Subject to the terms hereof and provided that Tenant and its agents do not materially interfere with, or delay, with the Contractor’s work in the Project, the Building and the Expansion Space, at Landlord’s reasonable discretion, Contractor Landlord shall use commercially reasonable efforts to allow Tenant access to the Expansion Space no not less than fifteen thirty (1530) days prior to the anticipated Substantial Completion of the Expansion Space for the purpose of Tenant installing equipment and/or fixtures (including Tenant’s data and telephone equipment) and Tenant’s furniture in the Expansion Space. Subject to Tenant’s compliance with all applicable laws and subject to the terms hereof, Tenant shall also have the right to install cubicles in a portion of the Expansion Space reasonably approved by Landlord and to allow up to twenty-five (25) of Tenant’s employees to work from such cubicles prior to the Expansion Commencement Date. Prior to Tenant’s entry into and occupancy of the Expansion Space as permitted by the terms of this Section 5. 15.1, Tenant shall submit a schedule to Landlord and the Contractor, for their approvalapproval (which approval shall not be unreasonably withheld or delayed), which schedule shall detail the timing and purpose of Tenant’s entry. In connection with any such entry/occupancy, Tenant acknowledges and agrees that Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not materially not, in any manner, interfere with Landlord or Landlord’s contractors (including the Contractor), agents or representatives in performing work in the Project, the Building and the Expansion Space, or interfere with the general operation of the Building and/or the Project. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or material interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by Landlord, then Landlord may revoke Tenant’s entry rights upon twenty-four (24) hours’ prior written notice to Tenant. Tenant acknowledges and agrees that any such entry into and occupancy of the Expansion Space or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease (as modified by the Second Amendment)Lease, excluding only the covenant to pay Rent or other amounts due with respect to the Expansion Space (until the EXHIBIT B -4- occurrence of the Expansion Commencement Date). Such requirements shall include, without limitation, that Tenant and any other parties allowed access to the Expansion Space shall provide Landlord with evidence of insurance as required by Landlord pursuant to the LeaseLandlord. Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work made in or about the Expansion Space in connection with such entry or to any property placed therein prior to the Expansion Commencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to any portion of the Expansion Space, including the Tenant Improvement work, caused by Tenant or any of Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. If the performance of Tenant’s work in connection with such entry causes extra costs to be incurred by Landlord or requires the use of any Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such Building services at Landlord’s standard rates then in effect. In addition, Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Expansion Space or Project and against injury to any persons caused by Tenant’s actions pursuant to this Section 5.1.

Tenant's Entry Into the Expansion Space Prior to Substantial Completion. Subject to the terms hereof and provided that Tenant and its agents do not materially interfere with, or delay, with the Contractor’s work in the Project, the Building and the Expansion Space, at Landlord’s reasonable discretion, Contractor Landlord shall use commercially reasonable efforts to allow Tenant access to the Expansion Space no not less than fifteen thirty (1530) days prior to the anticipated Substantial Completion of the Expansion Space for the purpose of Tenant installing equipment and/or fixtures (including Tenant’s data and telephone equipment) and Tenant’s furniture in the Expansion Space. Prior to Tenant’s entry into the Expansion Space as permitted by the terms of this Section 5. 15.1, Tenant shall submit a schedule to Landlord and the Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant’s entry. In connection with any such entry, Tenant acknowledges and agrees that Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not materially not, in any manner, interfere with Landlord or Landlord’s contractors (including the Contractor), agents or representatives in performing work in the Project, the Building and the Expansion Space, or interfere with the general operation of the Building and/or the Project. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or material interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by Landlord, then Landlord may revoke Tenant’s entry rights upon twenty-four (24) hours’ prior written notice to Tenant. Tenant acknowledges and agrees that any such entry into and occupancy of the Expansion Space or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease (as modified by the Second this Third Amendment), excluding only the covenant to pay Rent or other amounts due with respect to the Expansion Space (until the occurrence of the Expansion Space Commencement Date). Such requirements shall include, without limitation, that Tenant and any other parties allowed access to the Expansion Space shall provide Landlord with evidence of insurance as required by Landlord pursuant to the Lease. Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work made in or about the Expansion Space in connection with such entry or to any property placed therein prior to the Expansion Space Commencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to any portion of the Expansion Space, including the Tenant Improvement work, caused by Tenant or any of Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. If the performance of Tenant’s work in connection with such entry causes extra costs to be incurred by Landlord or requires the use of any Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such Building services at Landlord’s standard rates then in effect. In addition, Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Expansion Space or Project and against injury to any persons caused by Tenant’s actions pursuant to this Section 5.1.

Tenant's Entry Into the Expansion Space Prior to Substantial Completion. Subject to the terms hereof and provided that Tenant and its agents do not materially interfere with, or delay, with Contractor’s 's work in the Project, the Building Hanger 5 and the Expansion Space, at Landlord’s 's reasonable discretion, Contractor shall allow Tenant access to the Expansion Space no less than fifteen (15) days prior to the anticipated Substantial Completion of the Expansion Space for the purpose of Tenant installing overstandard equipment and/or or fixtures (including Tenant’s 's data and telephone equipment) in the Expansion Space. Prior to Tenant’s 's entry into the Expansion Space as permitted by the terms of this Section 5. 16.5, Tenant shall submit a schedule to Landlord and Contractor, for their approvalapproval not to be unreasonably withheld, conditioned or delayed, which schedule shall detail the timing and purpose of Tenant’s 's entry. In connection with any such entry, Tenant acknowledges and agrees that Tenant’s 's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not materially not, in any manner, unreasonably interfere with Landlord or Landlord’s 's Contractor, agents or representatives in performing work in the Project, the Building Hanger 5 and the Expansion Space, or unreasonably interfere with the general operation of the Building Hanger 5 and/or the Project. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or material unreasonable interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by Landlord, then Landlord may revoke Tenant’s 's entry rights upon twenty-four (24) hours’ ' prior written notice to Tenant. Tenant acknowledges and agrees that any such entry into and occupancy of the Expansion Space or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease (as modified by the Second Amendment)Lease, excluding only the covenant to pay Rent or other amounts due with respect to the Expansion Space (until the occurrence of the Expansion Space Commencement Date). Such requirements shall include, without limitation, that Tenant and any other parties allowed access to the Expansion Space shall provide Landlord with evidence of insurance as required by Landlord pursuant to the Lease. Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s 's work made in or about the Expansion Space in connection with such entry or to any property placed therein prior to the Expansion Space Commencement Date, the same being at Tenant’s 's sole risk and liability, except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord Party. Tenant shall be liable to Landlord for any damage to any portion of the Expansion Space, including the Tenant Improvement workExpansion Space Improvements, caused by Tenant or any of Tenant’s 's employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. If the performance of Tenant’s work in connection with such entry causes extra costs to be incurred by Landlord or requires the use of any Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such Building services at Landlord’s standard rates then in effect. In addition, Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Expansion Space or Project and against injury to any persons caused by Tenant’s 's actions pursuant to this Section 5.1.6.5, except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord Party. SMRH:408558713.5 SCHEDULE 1 TO EXHIBIT D-1 APPROVED WORKING DRAWINGS SCHEDULE 2 TO EXHIBIT D-1 APPROVED BUDGET (See Attached)

Tenant's Entry Into the Expansion Space Prior to Substantial Completion. Subject to the terms hereof and provided that Tenant and its agents do not materially interfere with, or delay, with Contractor’s work in the Project, the Building and the Expansion Space, at Landlord’s reasonable discretion, Contractor shall allow Tenant and Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees access to the Expansion Space no less than fifteen (15) days prior to the anticipated Substantial Completion of the Expansion Space for the purpose of Tenant installing equipment and/or equipment, fixtures (including Tenant’s data and telephone equipment) ), leasehold improvements and Tenant’s furniture in the Expansion Space. Prior to Tenant’s entry into the Expansion Space as permitted by the terms of this Section 5. 15.1, Tenant shall submit a schedule to Landlord and Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant’s entry. In connection with any such entry, Tenant acknowledges and agrees that Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not materially not, in any manner, interfere with Landlord or Landlord’s Contractor, agents or representatives in performing work in the Project, the Building and the Expansion Space, or interfere with the general operation of the Building and/or the Project. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or material interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by LandlordLandlord within twenty-four (24) hours of notice thereof, then Landlord may revoke Tenant’s entry rights upon twenty-four (24) hours’ prior written notice to Tenant. Tenant acknowledges and agrees that any such entry into and occupancy of the Expansion Space or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the EXHIBIT “B” terms, covenants, conditions and provisions of the Lease (as modified by the Second Amendment)Lease, excluding only the covenant to pay Rent Monthly Basic Rent, utilities, Operating Expenses or other amounts due with respect to the Expansion Space charge for use of any Building services (until the occurrence of the Expansion Commencement Date). Such requirements shall include, without limitation, that Tenant and any other parties allowed access to the Expansion Space shall provide Landlord with evidence of insurance as required by Landlord pursuant to the Lease. Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work made in or about the Expansion Space in connection with such entry or to any property placed therein prior to the Expansion Commencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to any portion of the Expansion Space, including the Tenant Improvement work, caused by Tenant or any of Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. If In the event that the performance of Tenant’s work in connection with such entry causes extra costs to be incurred by Landlord or requires the use of any Building servicesLandlord, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for upon receipt of an invoice therefor setting forth such Building services at Landlord’s standard rates then extra costs in effectreasonable detail. In addition, Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Expansion Space or Project and against injury to any persons caused by Tenant’s actions pursuant to this Section 5.1. Tenant shall also have reasonable access to select areas of the Building during the construction of the Tenant Improvements for storage and staging purposes, but only if Landlord determines that such staging areas are available.