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9. Accois bar Tenant. Subject to the terms hereof and provided that Tenant and Its
<br />agents do not interfere with the Contractor's work in the Building and the Premises, Landlord shall
<br />allow Tenant and any of the Tenant Contractors access to the applicable portions of the Premises
<br />at least ton (10) days prior to the Substantial Completion of the Landlord Work for She purpose of
<br />installing equipment and/or fixtures (including Tenant's data and telephone equipment) and
<br />Tenant's furniture in the Premises. Prior to Tenant's entry into the Premises, Tenant shall submit a
<br />schedule to Landlord and the Contractor, fortheir approval, which schedule shalt detail the Tenant
<br />Contractors accessing the Premises and the timing and purpose of such entity. In connection with
<br />any such entry, Tenant acknowledges and agrees that all Tenant Contractors shall fully cooperate,
<br />work in harmony with and not, in any manner, materially interfere with Landlord or Landlord's
<br />contractors (including the Contractor), agents, or representatives in performing work in the
<br />Building and the Premises, or in performing any inspections, or interfere with the general operation
<br />of the Building, If at any time any of the Tenant Contractors shall not be cooperative or shad
<br />otherwise cause or threaten to cause any such disharmony or interference, including, without
<br />limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective
<br />actions as directed by Landlord, then Landlord may revoke Tenant's entry rights (as to an
<br />individual Tenant Contractor, or as to all Tenant Contractors, as Landlord shall deem appropriate).
<br />Tenant acknowledges and agrees that any such entry into and occupancy of the Premises or any
<br />portion thereof by Tenant or any Tenant Contractor shall be deemed to be subject to all the tenets,
<br />covenants, conditions, and provisions of the Lease, excluding only the covenant to pay Rent (until
<br />the occurrence of the Lease Commencement Date).
<br />10. Cost Allocation,
<br />(a) Provided this Lease is in full force and effect, and Tenant is not in default
<br />thereunder beyond any applicable notice and cure period, Landlord shall pay (i) the costs
<br />of Space Plan In an amount up to, but not exceeding, the Space Plan Allowance, and (it)
<br />the costs of the Tenant Work in an amount up to, but not exceeding, the Tenant Allowance.
<br />Landlord shall deduct the Landlord Coordination Fee of the Tenant Improvements from
<br />the Tenant Allowance.
<br />(b) In no event shall Landlord be obligated to pay for the costs of any of,
<br />Tenant's furniture, computer systems, telephone systems, equipment, or other personal
<br />Property (whether or not such items may be depicted on the Approved Working Drawings)
<br />that exceed the Tenant FF&E Allowance. Eligible costs that exceed the Tenant FF&E
<br />Allowance shall he borne by Tenant.
<br />(c) In the event that all costs associated with the Space Plan and design,
<br />permitting, and construction of the Tenant Improvements, including the Landlord
<br />Coordination Fee, exceeds the Space Plan Allowance and/or the 'Tenant Allowance, as
<br />applicable, the amount of such excess (the "Over -Allowance Amount") shall be paid by
<br />Tenant to Landlord within thirty (30) days following delivery of an invoice by Landlord.
<br />Tenant shall not be responsible loot, the Over -Allowance Amount if caused by Landlord or
<br />Landlord Contractor's own negligence, willful misconduct, or delay,
<br />591 D2I6.1I
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