Common use of Early Access by Tenant Clause in Contracts

Early Access by Tenant. Landlord shall allow Tenant access to the Premises commencing two (2) weeks prior to the Commencement Date for the purpose of installing Tenant’s cabling and telecommunications equipment and partitioned office furniture, provided that the employees, agents, contractors, subcontractors, suppliers or any other person performing such installation for Tenant (each, “Tenant’s Representative” and collectively, “Tenant’s Representatives”) shall not interfere with, or delay, the construction of the Tenant Improvements or any other work in the Building. Tenant and Tenant’s Representatives shall work cooperatively with Landlord to coordinate the scheduling and performance of such cabling, telecommunications and partitioned office furniture installation work with the Tenant improvement Work. Tenant’s Representatives shall be subject to reasonable approval by Landlord prior to the commencement of their work, and shall be subject to Landlord’s policies and schedules while performing their work. Tenant shall cause Tenant’s Representatives to engage only labor that is harmonious and compatible with other labor working in the Building. If at any time any Tenant’s Representative hinders or delays the Tenant Improvement Work or any other work in the Building or performs any work that may or does impair the quality, integrity or performance of the Tenant Improvement Work or other work in any portion of the Building, upon verbal or written notice from Landlord, Tenant shall immediately cause such Tenant’s Representative to leave the Building and remove all of its tools, equipment and materials. In addition, Tenant shall reimburse Landlord for the cost of any repairs to the Premises or other portions of the Building or common areas necessitated by the acts or omissions of Tenant’s Representatives. All entries into the Premises by Tenant’s Representatives prior to the Substantial Completion Date shall be subject to all of the terms, covenants and conditions of the Lease, including Tenant’s insurance and indemnification obligations contained in Articles 9 and 10 of the Lease, but excluding Tenant’s obligation to pay Monthly Base Rent or Additional Rent.

Early Access by Tenant. Landlord shall allow Tenant access to the Premises commencing two ten (210) weeks business days prior to the Commencement Date for the purpose of installing Tenant’s cabling and telecommunications equipment and partitioned office furniture, provided that the employees, agents, contractors, subcontractors, suppliers or any other person performing such installation for Tenant (each, “Tenant’s RepresentativeContractor” and collectively, “Tenant’s RepresentativesContractors”) shall not interfere with, or delay, the construction of the Tenant Improvements or any other work in the Building. Tenant and Tenant’s Representatives Contractors shall work cooperatively with Landlord to coordinate the scheduling and performance of such cabling, telecommunications and partitioned office furniture installation work with the Tenant improvement Improvement Work. Tenant’s Representatives Contractors shall be subject to reasonable approval by Landlord prior to the commencement of their work, and shall be subject to Landlord’s policies and schedules while performing their work. Tenant shall cause Tenant’s Representatives Contractors to engage only labor that is harmonious and compatible with other labor working in the Building. If at any time any Tenant’s Representative Contractor hinders or delays the Tenant Improvement Work or any other work in the Building or performs any work that may or does impair the quality, integrity or performance of the Tenant Improvement Work or other work in any portion of the Building, upon verbal or written notice from Landlord, Tenant shall immediately cause such Tenant’s Representative Contractor to leave the Building and remove all of its tools, equipment and materials. In addition, Tenant shall reimburse Landlord for the cost of any repairs to the Premises or other portions of the Building or common areas necessitated by the acts or omissions of Tenant’s RepresentativesContractors. All entries into the Premises by Tenant’s Representatives Contractors prior to the Substantial Completion Date shall be subject to all of the terms, covenants and conditions of the Lease, including Tenant’s insurance and indemnification obligations contained in Articles 9 and 10 of the Lease, but excluding Tenant’s obligation to pay Monthly Base Rent or Additional Rent.

Early Access by Tenant. (A) On or after April 1, 2007, and subject to the timely surrender of the Third Expansion Premises A by the existing tenants of the Third Expansion Premises A, Landlord shall allow permit Tenant access to the Third Expansion Premises commencing two (2) weeks prior A to the Commencement Date for the purpose of installing Tenant’s cabling and telecommunications equipment and partitioned office furniture, provided that the employees, agents, contractors, subcontractors, suppliers or any other person performing such installation for Tenant (each, “Tenant’s Representative” and collectively, “Tenant’s Representatives”) shall not interfere with, or delay, commence the construction of the Tenant Improvements or any other work in the Building. Tenant and Tenant’s Representatives shall work cooperatively with Landlord to coordinate the scheduling and performance of such cabling, telecommunications and partitioned office furniture installation work with the Tenant improvement Third Expansion Premises A Work. Landlord shall use commercially reasonable efforts to provide Tenant with at least four (4) days advanced notice (which notice may be oral to Tenant’s Representatives 's Construction Representative) of the anticipated date on which Landlord will provide Tenant with such access, provided, however, the parties agree that Tenant shall have no remedy or recourse for Landlord's failure to provide such advanced notice and, provided further, that in no event will Landlord's failure to provide such advanced notice delay the Third Expansion Premises A Commencement Date or the Third Expansion Premises A Rent Commencement Date. Any such access by Tenant shall be subject to reasonable approval by Landlord prior to the commencement of their work, and shall be subject to Landlord’s policies and schedules while performing their work. Tenant shall cause Tenant’s Representatives to engage only labor that is harmonious and compatible with other labor working in the Building. If at any time any Tenant’s Representative hinders or delays the Tenant Improvement Work or any other work in the Building or performs any work that may or does impair the quality, integrity or performance of the Tenant Improvement Work or other work in any portion of the Building, upon verbal or written notice from Landlord, Tenant shall immediately cause such Tenant’s Representative to leave the Building and remove all of its tools, equipment and materials. In addition, Tenant shall reimburse Landlord for the cost of any repairs to the Premises or other portions of the Building or common areas necessitated by the acts or omissions of Tenant’s Representatives. All entries into the Premises by Tenant’s Representatives prior to the Substantial Completion Date shall be subject to all of the terms, covenants terms and conditions of the Lease (other than the payment of Annual Fixed Rent) and shall be at Tenant's sole risk, and Landlord shall not be responsible for any injury to persons or damage to property resulting from such early access by Tenant. If the existing tenants of the Third Expansion Premises A wrongfully fail to deliver possession of such space at the time when their tenancy is scheduled to expire, Landlord shall use reasonable efforts and due diligence (which shall be limited to the commencement and prosecution thereafter of eviction proceedings but which shall not require the taking of any appeal) to evict such occupant from such space and to deliver possession of such space to Tenant as soon as may be practicable. The failure of the then occupant of such space to so vacate shall not give Tenant any right to terminate this Amendment or to deduct from, offset against or withhold Annual Fixed Rent, Additional Rent or other charges due under this Amendment (or any portions thereof), except as expressly provided in the next sentence of this Section. If Landlord shall have failed to provide Tenant with such access to the Third Expansion Premises A on or before September 1, 2007 (the "Outside Delivery Date") (which date shall be extended automatically for such periods of time as Landlord is prevented from providing the same by reason of Force Majeure (it being agreed said Force Majeure shall not include delay attributable to any existing tenant's wrongful failure to deliver possession of the Third Expansion Premises A, as more particularly described above) or any act or failure to act of Tenant which interferes with Landlord's ability to provide such access, without limiting Landlord's other rights on account thereof), Tenant shall have the right to terminate this Third Amendment to Lease, including with respect to the Third Expansion Premises A only, by giving notice to Landlord of Tenant’s insurance and indemnification obligations contained in Articles 9 and 10 's desire do so before such access is provided to Tenant within the time period from the Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Delivery Date (as so extended); and, upon the giving of such notice, the term of this Third Amendment to Lease, but excluding shall cease and come to an end with respect to the Third Expansion Premises A only, without further liability or obligation on the part of either party unless, within thirty (30) days after receipt of such notice, Landlord provides such access to Tenant’s obligation ; and such right of termination shall be Tenant's sole and exclusive remedy for Landlord's failure to pay Monthly Base Rent or Additional Rentprovide access within such time.

Early Access by Tenant. Landlord shall allow Tenant access to the Premises commencing two (2) weeks prior to the Suite 2000 Commencement Date for the purpose of installing Tenant’s 's cabling and telecommunications equipment and partitioned office furniture, provided that the employees, agents, contractors, subcontractors, suppliers or any other person performing such installation for Tenant (each, “"Tenant’s 's Representative” " and collectively, “"Tenant’s 's Representatives”") shall not interfere with, or delay, the construction of the Tenant Improvements or any other work in the Building. Landlord, Tenant and Tenant’s 's Representatives shall work cooperatively with Landlord to coordinate the scheduling and performance of such cabling, telecommunications and partitioned office furniture installation work with the Tenant improvement Improvement Work. Tenant’s 's Representatives shall be subject to reasonable approval by Landlord prior to the commencement of their work, and shall be subject to Landlord’s 's policies and schedules while performing their work. Tenant shall cause Tenant’s 's Representatives to engage only labor that is harmonious and compatible with other labor working in the Building. If at any time any Tenant’s 's Representative hinders or delays the Tenant Improvement Work or any other work in the Building or performs any work that may or does impair the quality, integrity or performance of the Tenant Improvement Work or other work in any portion of the Building, upon verbal or written notice from Landlord, Tenant shall immediately cause such Tenant’s 's Representative to leave the Building and remove all of its tools, equipment and materials. In addition, Tenant shall reimburse Landlord for the cost of any repairs to the Premises or other portions of the Building or common areas necessitated by the acts or omissions of Tenant’s 's Representatives. All entries into the Premises by Tenant’s 's Representatives prior to the Substantial Completion Date shall be subject to all of the terms, covenants and conditions of the Lease, including Tenant’s 's insurance and indemnification obligations contained in Articles 9 and 10 of the Original Lease, but excluding Tenant’s 's obligation to pay Monthly Base Rent or Additional Rent.