Laserfiche WebLink
9. Acccss._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 13 uilding and the Promises, Landlord shall <br /> al low Tenant and any of the Tenant Contractors access to the applicable portions of the Premises <br /> at least ten (l 0)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 Promises,Tenant shall submit a <br /> schedule to Landlord and the Contractor, for their approval,which schedule shall detail the Tenant <br /> Contractors accessing the Premises 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 trot, 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 intetd'ere 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 revolve 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 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 atnou.nt up to, but not exceeding, the Space Plan Allowance, and (li) <br /> the casts of the Tenant Work in an arnount 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 oo the Approved Working Drawings) <br /> that exceed the Tenant FF&E 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 flan 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 /> ll <br /> 3910216.11 <br />