Common use of Early Access Clause in Contracts

Early Access. It is acknowledged and agreed that a portion of the Phase III Expansion Premises consisting of 17,210 square feet of rentable floor area located on the second (2nd) floor of the Building (the “Early Access Premises Component”) is currently vacant, Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015, Tenant shall have the right to access the Early Access Premises Component prior to the Phase III Expansion Premises Commencement Date for the purpose of marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be upon all of the terms and conditions of the Lease including, without limitation, Tenant’s entitlement to use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access 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. In the event that Tenant shall enter into a sublease for any portion or all of the Early Access Premises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Date, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space).

Early Access. It is acknowledged and agreed After Landlord determines that a portion the Landlord’s Third Floor Expansion Premises TI Work has sufficiently progressed to the point where permitting Tenant to enter the Third Floor Expansion Premises will not adversely affect the timely completion of the Phase III remaining elements of Landlord’s Third Floor Expansion Premises consisting of 17,210 square feet of rentable floor area located on the second (2nd) floor of the Building (the “Early Access Premises Component”) is currently vacantTI Work, Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015, Tenant shall have the right to access the Early Access Premises Component then prior to the Phase III Third Floor Expansion Premises Commencement Date Landlord shall permit Tenant to enter the Third Floor Expansion Premises for the purpose of marketing and subleasing preparing the same (or portions thereof) to prospective subtenantsThird Floor Expansion Premises for occupancy by Tenant. Any such access or subleasing by Tenant shall be upon all of the terms and conditions of the Lease including, without limitation, Tenant’s entitlement to use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access entry shall be at Tenant’s sole riskrisk and expense, and, excepting only to the extent caused by the gross negligence or willful misconduct of Landlord or and of Landlord’s agents, employees or contractors, Landlord shall not be responsible have no liabilities or obligations to Tenant in connection therewith, including any liability for any damage or injury to persons or damage to property resulting from in connection therewith. Upon such early access by Tenant. In the event that entry, Tenant shall enter into a sublease for any portion be bound by and shall comply with all provisions of this Lease (excepting only the obligations to pay Base Rent, Tenant’s Pro Rata Share of Expenses, Tenant’s Pro Rata Share of Laboratory Expenses, Tenant’s Pro Rata Share of Taxes or all of the Early Access Premises Component Amenity Fee with a commencement date that is prior respect to the Phase III Third Floor Expansion Premises), including the provisions of this Lease regarding obtaining and maintaining insurance coverages, and the performance of Alterations in the Third Floor Expansion Premises, notwithstanding that the Third Floor Expansion Premises Commencement DateDate may not yet have occurred. Without limitation, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion all of such Early Access Premises Component only shall commence on work performed by Tenant in the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Third Floor Expansion Premises shall be unmodified coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations. In no event shall any such work by Tenant damage the result of such sublease and (iii) for that period commencing on Building or the commencement date of such sublease and ending on the day immediately preceding the Phase III Third Floor Expansion Premises Commencement Date for such space, and notwithstanding anything contained in or interfere with the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) timely performance of the amount received by Tenant from such sublease (without taking into account any of TenantLandlord’s costs incurred in subleasing such space)Third Floor Expansion Premises TI Work.

Early Access. It Notwithstanding anything to the contrary in this Lease, Landlord shall deliver the Premises to Tenant in Base Building Condition (hereinafter defined) but otherwise in its as-is acknowledged and agreed condition so that a portion Tenant can commence the construction of the Phase III Expansion Initial Alterations pursuant to this Paragraph 4. Landlord estimates that it will deliver the Premises consisting to Tenant ninety (90) days after the date of 17,210 square feet mutual execution and delivery of rentable floor area located on the second (2nd) floor of the Building this Lease (the “Early Access Premises ComponentEstimated Delivery Date”) is currently vacant), Landlord having previously relocated however, in no event will the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015, Tenant shall have the right to access the Early Access Premises Component prior to the Phase III Expansion Premises Commencement Date for occur earlier than two hundred ten (210) days after mutual execution and delivery of this Lease, unless Tenant commences business operations from within the purpose Premises within 210 days of marketing such mutual lease execution and subleasing delivery. The actual date of delivery of the same (or portions thereof) Premises to prospective subtenants. Any such access or subleasing by Tenant shall be upon all in Base Building Condition is referred to herein as the “Delivery Date.” All of the terms and conditions of this Lease shall apply during the Lease including, without limitation, Tenant’s entitlement to use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access 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. In the event that Tenant shall enter into a sublease for any portion or all of the Early Access Premises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Date, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease Delivery Date and ending on concurrently with the day immediately preceding the Phase III Expansion Premises Commencement Date of this Lease (the “Early Access Period”), except that no Monthly Rent or payments under Paragraph 7 below shall be due during such Early Access Period. Notwithstanding the foregoing: (i) if the Delivery Date has not occurred within ninety (90) days following the Estimated Delivery Date (the “First Outside Delivery Date”), unless such failure is due to a delay caused by Tenant or any Tenant Parties (as defined below) (“Tenant Delay”) or Force Majeure, then Tenant shall be entitled, as its sole and exclusive remedy for such spacedelay, to an extension of the Abated Rent Period for one (1) day for each day after the First Outside Delivery Date until the Delivery Date; and notwithstanding anything contained in (ii) if the Lease Delivery Date has not occurred within one hundred twenty (120) days after the Estimated Delivery Date (the “Second Outside Delivery Date”), unless such failure is due to the contrarya Tenant Delay or Force Majeure, Tenant shall pay to Landlord fifty percent (50%) have the option, in Tenant’s sole discretion, of either continuing with an extension of the amount received by Tenant from such sublease Abated Rent Period or, in lieu thereof, to terminate this Lease at any time after the Second Outside Delivery Date and prior to the Delivery Date. When used herein, “Base Building Condition” shall mean that the Building’s roof system, structure and all other Building standard systems (without taking into account any of Tenant’s costs incurred mechanical, electrical, plumbing, HVAC and life safety systems) are in subleasing such space)good working order.

Early Access. It is acknowledged Subject to the terms of this Section 2.3, and agreed provided that a portion this Lease has been fully executed by all parties and Tenant has delivered all prepaid rental, the L-C (as defined in Section 21.1), and insurance certificates required hereunder, Landlord grants Tenant the right to enter (i) the Phase I Premises as of the date on which Landlord delivers the entirety of the Phase III Expansion I Premises consisting of 17,210 square feet of rentable floor area located on to Tenant in the second (2nd) floor of the Building Delivery Condition (the “Early Access Phase I Premises ComponentDelivery Date”) is currently vacant, Landlord having previously relocated ); provided that in no event shall the tenant thereof. Notwithstanding the fact that Phase I Premises Delivery Date be prior to the Target Phase III I Premises Delivery Date, and (ii) the Phase II Premises as of the date on which Landlord delivers no less than seven (7) full floors of the Phase II Premises to Tenant in the Delivery Condition (the “Phase II Premises Delivery Date”); provided that in no event shall the Phase II Premises Delivery Date is January 1, 2015, Tenant shall have the right to access the Early Access Premises Component be prior to the Target Phase III Expansion II Premises Commencement Delivery Date for and provided further that if Landlord delivers less than the purpose of marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be upon all entirety of the terms and conditions Phase II Premises on the Phase II Premises Delivery Date, Landlord shall deliver the remainder of the Lease including, without limitation, Phase II Premises promptly upon Landlord’s possession of same. Landlord shall not be permitted to deliver less than seven (7) full floors of the Phase II Premises on the Phase II Premises Delivery Date. Tenant’s entitlement to use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access pursuant to this Section 2.3 shall be at Tenant’s sole risk, solely for the purpose of performing the Improvements (as defined in Exhibit B attached hereto), installing telecommunications and Landlord data cabling, equipment, furnishings and other personalty and moving into the Phase I Premises and the Phase II Premises. Such possession prior to the Lease Commencement Date shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be responsible required to pay for freight elevator usage, security, access to loading docks, utilities, HVAC (as such term is defined in Section 6.1.1 below), Base Rent or Tenant’s Share of Direct Expenses with respect to the period of time prior to the applicable Lease Commencement Date during which Tenant occupies the Premises solely for such purposes (the “Construction Period”) and to the extent Landlord fails to deliver at least seven (7) floors of the Phase II Premises on the Phase II Premises Delivery Date, the Construction Period for the floors of the Phase II Premises delivered after the Phase II Premises Delivery Date shall be extended by the number of days in the period commencing on the Phase II Premises Delivery Date and ending on the actual date of delivery of such floors; provided, however, that during the Construction Period Tenant shall be obligated to pay (a) the costs and expenses, calculated in accordance with the TCCs of Section 6.2, associated with any injury HVAC provided to persons or damage Tenant after Building Hours (as defined below) at Tenant’s request and (b) Landlord’s reasonable costs and expenses to provide any additional Building security after Building Hours required due to any reasonable increased risk to property resulting at the Building from such early access Tenant’s construction activities as mutually agreed upon by TenantLandlord and Tenant or as may otherwise be required by applicable Law. In Notwithstanding the event that foregoing, if Tenant shall enter into a sublease for any portion or all takes possession of the Early Access Phase I Premises Component with a commencement date that is prior to the Phase III Expansion I Premises Lease Commencement DateDate and/or the Phase II Premises prior to the Phase II Premises Lease Commencement Date for the conduct of Tenant's business, then, for purposes Tenant’s possession thereof shall be subject to the terms and conditions of the this Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the Tenant shall pay Base Rent and any other Rent applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for to such portion of the Phase III Expansion I Premises shall be unmodified and/or the Phase II Premises (on a suite by suite basis) and payable hereunder to Landlord for each day of possession following the date upon which Tenant commences conduct of business on such portion of the Premises until the Phase I Premises Lease Commencement Date and/or the Phase II Premises Lease Commencement Date, as the result applicable. During any period of such sublease and (iii) early access as set forth in this Section 2.3, in no event may Tenant cause a dangerous situation for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such spaceLandlord, and notwithstanding anything contained in Tenant or their respective contractors or employees. Said early possession shall not advance the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space)Expiration Date.

Early Access. It is acknowledged and agreed that a portion of the Phase III Expansion Premises consisting of 17,210 square feet of rentable floor area located on the second (2nd) floor of the Building (the “Early Access Premises Component”) is currently vacant, Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015The foregoing in this Paragraph 1 notwithstanding, Tenant shall have the right right, at no cost to access Tenant (but subject to all the Early Access Premises Component prior to the Phase III Expansion Premises Commencement Date for the purpose of marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be upon all of the other terms and conditions of the Lease includingand this Amendment, including without limitation, Tenant’s entitlement obligations to use, in connection with such Early Access Premises Component (or portion thereofmaintain insurance), pro rata additional parking privileges in to access the garage New Space beginning approximately fourteen (14) days prior to the New Space Lease Commencement Date (“New Access Period”) for the limited purposes of inspecting the New Space and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess installing telephone and computer cabling and Tenant’s Proportionate Share moveable furniture, furnishings, fixtures, equipment, and other moveable personal property, and such activities shall not constitute the “beneficial use of electricity chargesthe Premises” for purposes of Paragraph l(c)(ii) above (i.e., for the avoidance of doubt, Xxxxxx’s entry upon the New Space during the New Access Period in accordance with this Paragraph 1(d) shall not trigger the New Space Lease Commencement Date). Such early access Tenant’s entry upon the New Space during the New Access Period shall not interfere with or delay the performance of the Landlord’s Relocation Work. To facilitate Xxxxxx’s entry upon the New Space during the New Access Period, Tenant shall provide Landlord with at least three (3) days’ prior notice of Tenant’s initial entry during the New Access Period, and thereafter Tenant shall coordinate with Landlord’s representative regarding Xxxxxx’s subsequent entries upon the New Space during the New Access Period. If an uncured monetary Event of Default is then occurring, then at Landlord’s election, Tenant shall not have any right to enter upon the New Space during the New Access Period. The placement of any cabling, furniture, furnishings, fixtures, equipment, or other property within the Premises by Tenant or its Invitees during the New Access Period shall be at Tenant’s sole risk, and Landlord Tenant shall not be solely responsible for any injury to persons loss or damage to property resulting thereto from such early access by Tenant. In the event that Tenant shall enter into a sublease for any portion or all of the Early Access Premises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Date, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space)cause whatsoever.

Early Access. It is acknowledged Subject to the terms and agreed that a portion conditions of the Phase III Expansion Premises consisting of 17,210 square feet of rentable floor area located on the second (2nd) floor of the Building (the “Early Access Premises Component”) is currently vacant, Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015this Section 2.4, Tenant shall have the right to access enter and occupy the Early Access Premises Component from and after the date that is twenty-one (21) days prior to the Phase III Expansion Lease Commencement Date, as reasonably estimated by Landlord (the “Early Access Date”), solely for purposes of installing Tenant’s computer systems, telephone equipment, cabling, furniture, fixtures and special equipment, and to “fix-up” the Premises for Tenant’s intended use (but not to operate Tenant’s business), and such early entry for such purposes shall not trigger the Lease Commencement Date for the purpose of marketing and subleasing the same Date. Tenant agrees that (or portions thereofi) to prospective subtenants. Any any such access or subleasing early entry by Tenant shall be upon all of the terms and conditions of the Lease including, without limitation, Tenant’s entitlement to use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access shall be at Tenant’s sole risk, (ii) Tenant shall not unreasonably interfere with Landlord or other tenants in the Building, and (iii) all terms, provisions and conditions of this Lease shall apply (except for the payment of Base Rent and Additional Rent), including, but not limited to, (a) Tenant’s obligation to provide Landlord with evidence of liability insurance coverage pursuant to Sections 10 and 12 below, and (b) Tenant’s indemnity obligations pursuant to Section 13 below; provided, however, Landlord shall not be responsible for any injury obligated to persons deliver possession of the Premises to Tenant until Landlord has received from Tenant insurance certificates as required under Sections 10 and 12 below. If Landlord chooses not to deliver possession of the Premises to Tenant because Landlord has not received the required insurance certificates, the Lease Commencement Date shall not be affected or damage delayed thereby. Notwithstanding anything in this Section 2.4 to property resulting from such early access by Tenant. In the event that Tenant shall enter into a sublease for any portion or all contrary, if, as of the Early Access Premises Component with a commencement date Date, Landlord reasonably determines that is prior Tenant’s early access to the Phase III Expansion Premises Commencement Date, then, for purposes will unreasonably interfere with the completion of the Lease Initial Improvements, then (1) Landlord may limit or otherwise restrict Tenant’s early access rights, and notwithstanding (2) Tenant shall not, in connection with any early access, interfere with the definition completion of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space)Initial Improvements.

Early Access. It is acknowledged and agreed that a portion So long as Landlord shall have first received payment of the Phase III Expansion Premises consisting first installment of 17,210 square feet of rentable floor area located on the second (2nd) floor Base Rent payable hereunder, evidence of the Building insurance coverage required pursuant to Section 9, and the Security Deposit required pursuant to Section 11, then Landlord shall provide Tenant early access (i) to the “Early Access 20 Xxxxxx Xxxx Premises Component”as of the date of this Lease, and (ii) is currently vacant, Landlord having previously relocated to the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 24 Cherry Hill Premises on April 1, 2015, Tenant shall have the right to access the Early Access Premises Component prior to the Phase III Expansion Premises Commencement Date for the purpose of marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be upon all of the terms and conditions of the Lease including, without limitation, Tenant’s entitlement to use, in connection with such Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges)2017. Such early access shall be at to perform Tenant’s sole risk's Work as set forth in Exhibit D attached hereto. In connection with such access , Tenant agrees (a) to cease promptly upon notice from Landlord any Tenant's Work which is not set forth on Exhibit D, is not directly related to the Work described therein or is not otherwise in compliance with the provisions of this Lease, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating the Tenant's Work with any other activity or work in the Building. Such access by Tenant shall not be responsible for any injury deemed to persons be subject to all of the applicable provisions of the Lease, except that there shall be no obligation on the part of Tenant solely because of such access to pay Base Rent, Taxes or damage Operating Expenses prior to property resulting from the Commencement Date with respect to the 20 Xxxxxx Xxxx Premises or prior to the 20 Xxxxxx Xxxx Commencement Date with respect to the 20 Xxxxxx Xxxx Premises. If Tenant fails to comply with the terms and conditions of this Lease applicable to such early access during the period of early access after one (1) business day prior notice from Landlord, Landlord shall have the right to immediately suspend Tenant's right to right to access the Premises early. Anything herein to the contrary notwithstanding, if early access to the 20 Xxxxxx Xxxx Premises is not delivered to Tenant by Tenant. In the event that Tenant shall enter into a sublease for any portion April 15, 2017, or all possession of the Early Access 20 Xxxxxx Xxxx Premises Component with a commencement date that is prior not delivered to Tenant by May 15, 2017, then for each day of delay thereafter, the Phase III Expansion Premises Commencement Date, then, for purposes of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises 20 Xxxxxx Xxxx Base Rent Abatement Period shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received extended by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space)one day.

Early Access. It is acknowledged Following Landlord’s receipt of a temporary certificate of occupancy for the Premises from the City of Irvine, Tenant’s payment of all deposits due under the Lease, and agreed that Tenant’s delivery of proper evidence of insurance pursuant to Exhibit D of the Lease, Tenant shall be permitted to access a portion of the Phase III Expansion Premises consisting of 17,210 approximately 33,597 rentable square feet of rentable floor area located as shown on the second attached Exhibit A-1 (2nd) floor of the Building (the “Early Access Premises ComponentPremises”) is currently vacant, Landlord having previously relocated prior to the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Commencement Date is January 1, 2015, for Tenant shall have the right to access use the Early Access Premises Component for staging in connection with Tenant’s construction of the Tenant Improvements (as defined in Exhibit X attached to the Lease). Tenant’s access to the Early Access Premises prior to the Phase III Expansion Premises Commencement Date for the purpose of marketing and subleasing the same (or portions thereof) to prospective subtenants. Any such access or subleasing by Tenant shall be upon subject to all of the terms and conditions obligations of the Lease includingLease, without limitationincluding the indemnity provisions therein, Tenant’s entitlement to useexcept that during such period, in connection with such the Basic Rent for the Early Access Premises Component (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access 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. In the event that Tenant shall enter into a sublease for any portion or all $47,035.80 per month (based on $1.40 per rentable square foot of the Early Access Premises Component with Premises) pro rated on a commencement date that is prior per diem basis, and “Tenant’s Share” of “Operating Expenses” (as defined in Exhibit B attached to the Phase III Expansion Lease) for the Early Access Premises shall be “fixed” at the amount of $8,399.25 per month, based on $0.25 per rentable square foot of the Early Access Premises, and during such early access period the provisions contained in Sections (b), (c), (d), and (e) of said Exhibit B shall be suspended in their entirety. In no event shall Tenant’s access to the Early Access Premises trigger the Commencement Date, then, for purposes Date of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, unless Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space)commences its regular business activities therefrom.

Early Access. It is acknowledged Subject to the terms of this Paragraph 2.B and agreed provided that a portion this Lease has been fully executed by all parties and Tenant has delivered the Early Access Deliverables (as defined below), Landlord shall grant Tenant access to the Premises in the Early Access Delivery Condition in accordance with this Paragraph 2.B as follows: on or before April 1, 2020, Landlord will grant early access to the entire Phase I Premises; (2) on or before June 1, 2020, Landlord will grant early access to all of the Floors of the Phase II Premises; and (3) on or before January 1, 2021, Landlord will grant early access to all of the Floors of the Phase III Expansion Premises consisting of 17,210 square feet of rentable floor area located Premises. Following the Early Access Date for the Phase I Premises, Landlord shall provide early access to either (A) at least two (2) Floors in any instance or, (B) one (1) Floor that is contiguous to a Floor to which Tenant already has access pursuant to Paragraph 2.B with respect to the Phase I Premises. With respect to each Floor, the date on which Landlord provides early access to such Floor in the second Early Access Delivery Condition (2ndas defined below) floor of or, if Tenant has failed to deliver the Building (Early Access Deliverables, the date on which Landlord would have provided such early access to such Floor in the Early Access Delivery Condition had Tenant delivered the Early Access Deliverables, is hereinafter referred to as the “Early Access Premises Component”) is currently vacantDate,” and with respect to the Phase I Premises, Landlord having previously relocated the tenant thereof. Notwithstanding the fact that the Target Phase III Delivery Date is January 1, 2015, Tenant shall have the right to access date on which the Early Access Premises Component prior to Date for each Floor in the Phase III Expansion I Premises Commencement Date occurred is referred to herein as the “Early Access Date”. Any such early access provided by Landlord pursuant to this Paragraph 2.B shall be solely for the purpose of marketing performing the Tenant Improvements, installing cabling, equipment, furnishings and subleasing other personalty; provided, however, in no event shall Tenant commence construction of the same (or portions thereof) Tenant Improvements until Tenant has obtained all required building permits to prospective subtenantscommence Construction therefor and delivered to Landlord a copy of such permits to Landlord. Any such Such access or subleasing by Tenant prior to the Commencement Date shall be upon subject to all of the terms and conditions of this Lease, except that (i) Tenant shall not be required to pay Base Monthly Rental or any charge for standard services provided by Landlord during Business Hours (as defined in Paragraph 14.A below) with respect to the Lease including, without limitation, Tenant’s entitlement period of time prior to use, in connection with the Commencement Date during which Tenant accesses the Premises for such Early Access Premises Component purposes; and (or portion thereof), pro rata additional parking privileges in the garage and outdoor surface lot (but excluding the payment of Annual Fixed Rent, the Tax Excess, Operating Cost Excess and Tenant’s Proportionate Share of electricity charges). Such early access shall be at Tenant’s sole risk, and ii) Landlord shall not be responsible obligated to provide any services or utilities to the Premises until the Initial Commencement Date (and at such time to the Floors for which a Commencement Date has occurred) other than electricity and water in amounts that are reasonable and customary for construction of tenant improvements in comparable buildings located in the geographical area in which the Premises are located. In the event any injury above-standard or excessive (as determined by Landlord in its reasonable discretion) and/or after-hours services are provided to persons or damage to property resulting from Tenant during any such period of early access, Tenant shall be liable for the same. Said early access shall not advance the Expiration Date. During any such early access by Tenantperiod, Landlord and Tenant shall reasonably cooperate in good faith to reasonably coordinate the concurrent construction schedules for the Base Building Core and Shell Work and the Tenant Improvements. In the event that such early access by Tenant shall enter into adversely impacts or otherwise delays or interferes with Landlord’s efforts to obtain a sublease temporary certificate of occupancy (a “TCO”) or its equivalent for any portion or all the Premises at the earliest possible date, and such adverse impact, delay and/or interference continues for more than one (1) business day after Landlord provides Tenant with written notice of the Early Access Premises Component with a commencement date that is prior to the Phase III Expansion Premises Commencement Datesame, then, for purposes then any resulting delay in Landlord’s Substantial Completion of the Lease and notwithstanding the definition of the Phase III Expansion Premises Commencement Date, (i) the Term of the Lease for the applicable portion of such Early Access Premises Component only shall commence on the commencement date of the sublease, (ii) the rent commencement date for such portion of the Phase III Expansion Premises shall be unmodified as the result of such sublease and (iii) for that period commencing on the commencement date of such sublease and ending on the day immediately preceding the Phase III Expansion Premises Commencement Date for such space, and notwithstanding anything contained in the Lease to the contrary, Tenant shall pay to Landlord fifty percent (50%) of the amount received by Tenant from such sublease (without taking into account any of Tenant’s costs incurred in subleasing such space).Base