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4. Access by 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 portioas of the Premises <br />at least ten (10) days prior to the Substantial Completion of the Landlord Work for the 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 shall detail the Tenant <br />Contractors accessing the Promises and the timing and purpose of such entry. 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 shall <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 al l the terms, <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 (ri) <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 FUE Allowance. Eligible costs that exceed the Tenant FF&E <br />Allowance shall be 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 for the Over -Allowance Amount if caused by Landlord or <br />Landlord Contractor's own negligence, willful misconduct, or delay. <br />59102 €0.11 <br />