Common use of Prior Access Clause in Contracts

Prior Access. At such point as, in Landlord’s reasonable judgment, the Improvements if any have proceeded to such point where Tenant may install wires, cables, furniture, fixtures and equipment (“Tenant’s Work”) within the Leased Premises without interfering with the performance of the Improvements (approximately fifteen days prior to the Possession Date), Landlord shall so notify Tenant and, from and after such date of notification, Tenant and its contractors shall have access to the Leased Premises for the purposes of performing Tenant’s Work in preparation for Tenant’s occupancy of the Leased Premises. In connection with such access, Tenant agrees (a) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the Improvements, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any Rent prior to the Original Completion Deadline, and (y) Tenant shall not be deemed thereby to have taken or accepted possession of the Leased Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with, any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of access to the Leased Premises. Landlord shall assume no responsibility for the quality or completion of Tenant’s work under this Section 35, and shall not be responsible for equipment or supplies left or stored on the Leased Premises by Tenant or Tenant’s contractors.

Prior Access. At (a) So long as the applicable Expansion Space is vacant, Landlord grants to Tenant, along with its employees, agents, contractors, subcontractors, space planner/interior architect, engineers, consultants, suppliers and other representatives, and their respective employees, a license to enter any of such point asspace at any time prior to the Scheduled Delivery Date for the purposes of inspecting same, in Landlord’s reasonable judgmentand for the installing of "building standard" and non-"building standard" leasehold improvements therein, as well as the Improvements if any have proceeded to such point where Tenant may install wires, cables, installing of furniture, fixtures and equipment (“Tenant’s Work”including telephone, communications and computer equipment, further including wiring and cabling for same). It is the intention of Landlord and Tenant that all Expansion Space be delivered to Tenant at the earliest possible date notwithstanding such date may be earlier than the Scheduled Delivery Date. (b) within the Leased Premises without interfering with the performance Such right of the Improvements (approximately fifteen days prior access shall also include access to the Possession Dateand use of loading dock facilities, and freight elevator(s), Landlord shall so notify Tenant and, from and after such date of notification, Tenant and its contractors shall have as well as access to the Leased Premises for the purposes and use of performing Tenant’s Work appropriate electrical and other systems and related facilities, provided such entry and work shall be in preparation for Tenant’s occupancy of the Leased Premises. In connection harmony with such accessLandlord's contractors and subcontractors, Tenant agrees (a) to cease promptly upon notice from Landlord any activity or work which has and shall not been approved by Landlord or is not in compliance with the provisions of this Lease or which shall unreasonably interfere with or delay the performance completion of the Improvements, and (b) work to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being be performed by Landlord and work being performed by Tenant, each with in the other and with any other activity Premises or work elsewhere in the Building. (c) Except as otherwise set forth on Schedule 1, including, without limitation, the use (for early delivery of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the Lease, except that (xFloors 14 or 15) there shall be no obligation on the part of Tenant solely because of such access to pay Base Rent, or Tenant's pro rata share of Operating Expenses and Taxes, by reason of any Rent such prior access. (d) There shall be no charge to Tenant, its contractors or their subcontractors for electricity, beating, ventilation, air conditioning, Building Standard security, insurance (except as relates to work which Tenant and/or its contractors or their subcontractors may undertake in the Premises, including general liability coverage and which shall otherwise comply with Schedule C-1 attached hereto) and/or taxes during the construction period, or for the use of the loading dock or freight elevator(s), or the personnel required for the operation thereof, during the construction period or otherwise prior to the Original Completion Deadline, and (y) Tenant shall not be deemed thereby to have taken or accepted possession commencement date of the Leased Lease for the Initial Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with, any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of access to the Leased Premises. Landlord shall assume no responsibility for the quality or completion of Tenant’s work under this Section 35, and shall not be responsible for equipment or supplies left or stored on the Leased Premises additional space leased by Tenant or Tenant’s contractorsin the Building during the Term, as applicable.

Prior Access. At such point as, in Landlord’s reasonable judgment, the Improvements if any have proceeded If Tenant delivers to such point where Tenant may install wires, cables, furniture, fixtures and equipment (“Tenant’s Work”) within the Leased Premises without interfering with the performance of the Improvements (approximately fifteen days prior to the Possession Date), Landlord shall so notify Tenant and, from and after such date of notification, a written request for Tenant and its Tenant's contractors shall to have joint access to the Leased Premises with Landlord and Landlord's contractor prior to Landlord's delivery of possession of the Leased Premises to Tenant for the purposes purpose of performing installing telephone, computer, other special equipment and furniture, then Landlord shall notify Tenant in writing when Tenant and Tenant’s 's contractors can have such access if in Landlord's judgement (i) such joint access will not cause unreasonable interference with the work of Landlord's contractor; (ii) there are no delays created thereby in the Tenant Work construction process; and (iii) an acceptable schedule of work is agreed upon between Landlord's contractor and Tenant's contractors. If the foregoing conditions have been met, Landlord shall use reasonable efforts to provide such access (i) prior to the enclosure of the interior partitions, in preparation order to install any cabling and wiring for computer and telephone equipment, and (ii) at least fifteen (15) days prior to the date on which the Leased Premises are substantially completed, in order to install the telephone, computer and other special equipment and furniture. Any delay in substantial completion of the Leased Premises that results therefrom shall be deemed a Tenant Delay. Tenant shall indemnify, hold harmless, and defend Landlord from any loss, damage, cost or expense (including attorneys' fees and court costs) incurred by Landlord, whether before or after the Term Commencement Date, as a result of the performance of such work by Tenant or Tenant’s occupancy 's contractor, and in addition to any other rights Landlord may have as a result thereof, Landlord shall have the right to apply all or a portion of the Tenant Work Allowance against any such loss, damage, cost or expense incurred by Landlord as a result thereof. In addition, Tenant shall not be permitted to enter the Leased Premises prior to delivery of possession of the Leased Premises to Tenant until Landlord has approved all equipment and other items to be installed by Tenant or its contractor, as well as the plans for such installation, and Landlord and Tenant have agreed in writing to a schedule for all of the foregoing work to be completed by Tenant or its contractor in such phase of the Leased Premises. In connection with such accessAccess, if any, to the Leased Premises by Tenant agrees (a) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord or is not in compliance accordance with the provisions of this Lease or which shall interfere with or delay foregoing and solely for the performance of the Improvements, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any Rent prior to the Original Completion Deadline, and (y) Tenant purposes set forth above shall not be deemed thereby to have taken or accepted possession advance the Term Commencement Date. The indemnification obligations set forth in the Lease shall commence on the effective date of the Lease (irrespective of when the term commences) and such obligation shall apply with respect to the work performed by Tenant's contractors in the Leased Premises or any portion thereofPremises. If Tenant fails or refuses to comply or cause its contractors to comply with, any shall maintain all insurance coverages required by this Lease commencing as of the obligations described or referred effective date of the Lease (irrespective of when the term commences) and Tenant shall provide certificates thereof to above, then immediately upon notice Landlord prior to Tenant, Landlord may revoke Tenant’s rights of any access to the Leased Premises. Any delay in providing such certificates shall entitle Landlord shall assume no responsibility for the quality or completion of Tenant’s work under this Section 35, to deny access to Tenant and shall not be responsible for equipment or supplies left or stored on relieve Landlord of any obligation to provide such access within the Leased Premises by Tenant or Tenant’s contractors.foregoing time periods. EXHIBIT C

Prior Access. At such point asNotwithstanding the foregoing, provided Landlord has given its written consent to this Sublease in Landlord’s reasonable judgment, the Improvements if any have proceeded to such point where Tenant may install wires, cables, furniture, fixtures and equipment (“Tenant’s Work”) within the Leased Premises without interfering with the performance of the Improvements (approximately fifteen days prior to the Possession Date), Landlord shall so notify Tenant and, from and after such date of notification, Tenant and its contractors shall have access to the Leased Premises for the purposes of performing Tenant’s Work in preparation for Tenant’s occupancy of the Leased Premises. In connection with such access, Tenant agrees (a) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord or is not in compliance accordance with the provisions of Paragraph 23 below, as of February 15, 2009 and prior to the Commencement Date (the “Move-In Period”), Subtenant shall have a license to enter into the Subleased Premises for the sole purpose of preparing the Subleased Premises for Subtenant’s future use thereof, including the installation of a server room, telephone equipment, computer, cabling and office furnishings (the “Move-In Work”), which such Move-In Work shall be subject to Sublandlord and Landlord’s prior written consent. Subtenant hereby acknowledges and agrees that, during the Move-In Period, (i) Subtenant shall not have exclusive access to the Subleased Premises, (ii) Sublandlord may continue to store furniture, equipment and other items in the Subleased Premises and (iii) the Subleased Premises are not required to be in a “broom clean” condition. Subtenant shall have no obligation to pay Base Rent during the Move-In Period, but all other terms and provisions of this Lease or which Sublease shall interfere with or delay the performance apply to Subtenant’s use of the Improvements, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord and work being performed by Tenant, each with Subleased Premises during the other and with any other activity or work in the BuildingMove-In Period, including, without limitation, Subtenant’s obligation to obtain and maintain insurance in accordance with the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of Paragraph 16 below. Notwithstanding the Leaseforegoing, except that (x) there in no event shall be no obligation on the part of Tenant solely because of such access Move-In Work extend or delay the Commencement Date. Sublandlord hereby agrees to pay any Rent prior to the Original Completion Deadline, surrender and (y) Tenant shall not be deemed thereby to have taken or accepted deliver possession of the Leased Subleased Premises in a “broom clean” condition on or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply withbefore February 27, any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of access to the Leased Premises. Landlord shall assume no responsibility for the quality or completion of Tenant’s work under this Section 35, and shall not be responsible for equipment or supplies left or stored on the Leased Premises by Tenant or Tenant’s contractors2009.

Prior Access. At such point as, in Landlord’s reasonable judgment, but in any event not less than two (2) weeks prior to the Improvements if any have Possession Date, Landlord’s Work has proceeded to such point where Tenant may install wires, cables, furniture, fixtures and equipment (“commence Tenant’s Work”) Work within the Leased Premises without interfering with the performance of the Improvements (approximately fifteen days prior to the Possession Date)Landlord’s Work, Landlord shall so notify Tenant and, as to when Tenant may commence Tenant’s Work within the Premises and from and after such date of notification, notification Tenant and its contractors shall have uninterrupted access to the Leased Premises for the purposes of performing Tenant’s Work in preparation for Tenant’s occupancy of the Leased Premises. In connection with such access, Tenant agrees (a) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the ImprovementsTenant’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord and work being performed by Tenant, each with the other and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the this Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any Rent prior to until the Original Completion Deadline, and (y) Rent Commencement Date. Tenant shall not be deemed thereby charged for freight elevators, security, access to have taken loading docks, utilities, or accepted possession of the Leased Premises or any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with, any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke temporary HVAC during Tenant’s rights of access to the Leased Premises. Landlord shall assume no responsibility for the quality or completion of Tenant’s work under this Section 35, and shall not be responsible for equipment or supplies left or stored on the Leased Premises by Tenant or Tenant’s contractorsPrior Access period.

Prior Access. At such point as, in (a) During the time of performance of Landlord’s reasonable judgmentWork, the Improvements if any have proceeded to such point where (i) Tenant may install wirescabling and wiring at the Premises, cablesincluding, furniturewithout limitation, fixtures computer cabling, cable splicing, outlets, connectors and equipment attachment (collective, the “Tenant’s Cabling Work”) within the Leased Premises without interfering at Tenant’s sole cost and expense, which Cabling Work shall be coordinated with the performance Landlord and Building management and shall be subject to all terms of the Improvements Lease and (approximately ii) Tenant may inspect the progress of Landlord’s Work at no cost or liability to Landlord and in accordance with all laws. (b) Not later than fifteen (15) days prior to the Possession Date)Landlord’s estimated time for Substantial Completion of Landlord’s Work, Landlord shall so notify provide Tenant and, from and after such date of notification, Tenant and its contractors shall have access to the Leased Premises for the purposes of performing Tenant’s Work to install furniture systems, equipment and telephone/data equipment in preparation for Tenant’s occupancy of the Leased PremisesPremises (collectively, the “Prep Work”; the Cabling Work and Prep Work are referred to herein collectively as the “Tenant’s Work”). (c) All such access to perform Tenant’s Work and inspect Landlord’s Work shall be subject to scheduling by Landlord. In connection with such access, Tenant ▇▇▇▇▇▇ agrees (a) to cease promptly upon notice from Landlord any activity or work Tenant’s Work which has not been approved by Landlord or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the ImprovementsLandlord’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord the Landlord’s Work and work being performed by the Tenant’s Work, each with the other and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any Base Rent or Additional Rent with respect to the Premises until otherwise required by the terms of the Lease. (d) Without limiting the foregoing, prior to accessing the Original Completion DeadlinePremises, Tenant shall provide to Landlord, in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (yiii) Tenant shall not be deemed thereby copies of all contracts, subcontracts and material purchase orders pertaining to have taken Tenant’s Work; (iv) copies of all plans and specifications pertaining to Tenant’s Work; (v) copies of all licenses and permits required in connection with the performance of Tenant’s Work; (vi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or accepted possession required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant’s Work; and (vii) assurances of the Leased Premises ability of Tenant to pay for all of Tenant’s Work and/or a letter of credit or any portion thereof. other security deemed appropriate by Landlord securing Tenant’s lien-free completion of Tenant’s Work. (e) If Tenant fails or refuses to comply or cause its contractors to comply with, with any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of right to access the Premises prior to the Leased Premisesdate of Substantial Completion of Landlord’s Work. Landlord shall assume no responsibility for the quality or completion of the Tenant’s work Work under this Section 35Section, and shall not be responsible for equipment or supplies left or stored on in the Leased Premises by Tenant or Tenant’s contractors. Tenant’s access to the Premises pursuant to this Section shall be at the sole risk of Tenant. ● Construction: o Interior framing, drywall, and interior doors to be constructed per applicable building codes and consistent with existing construction o Double doors (72-in. wide) with automatic openers and glass lights per sketches A01 and A02 (glass only at doors noted). Tenant to pay the difference between the cost for H.M. Double Doors and the doors referenced in the previous sentence. ● Ceilings: o Shipping / Receiving: Existing acoustic tile ceiling to remain and tile to be replaced as needed where stained or damaged o Storage / Inventory: Existing acoustic ceiling is to be removed, and sprinkler, mechanical systems are to be modified as required. Abandoned / non-functioning mechanical equipment and piping is to be removed. ● Lighting: o Lighting at the Shipping Area is to remain and be relocated as required for new layout; o Lighting at the Machine Room is to remain and be relocated as required for new layout; o Storage Areas, new chain hung shop lights are to be provided. Tenant to pay costs. ● Floor Finishes: o Shipping and Storage Areas: Building Standard VCT. o Machine Room: Building Standard VCT ● Wall Finishes: Interior paint throughout, maximum two colors ● HVAC: o Supply and ducting sufficient for tenancy per applicable mechanical codes. o Through-wall exhaust at air compressor room on Floor 1, with thermostatic control. Existing in place may be reused; motor to be replaced. ● Freight Elevator: New two-stop elevator travelling from Floor 1 (current loading dock) to 2 (current office floor) for dedicated use by RF Industries, Ltd., providing clear opening width sufficient for pallet loading, and (i) cab depth of 12 feet, (ii) cab width between 7 and 8 feet, (iii) cab height to allow for single tier pallet loading and (iv) with a capacity for at least 2,000 pounds. Landlord will pay the first $400,000.00 in costs. If the cost for the freight elevator work is more than $400,000.00, Landlord and Tenant shall each pay ½ of the excess cost. If the cost for the freight elevator work is less than $400,000.00 then Tenant shall be entitled to ½ of the amount by which the cost of such work is less than $400,000.00. ● Plumbing: Copper riser from first floor compressor room to second floor underside of ceiling.

Prior Access. At such point as, in (a) During the time of performance of Landlord’s reasonable judgmentWork, the Improvements if any have proceeded to such point where (i) Tenant may install wirescabling and wiring at the Premises, cablesincluding, furniturewithout limitation, fixtures computer cabling, cable splicing, outlets, connectors and equipment attachment (collective, the “Tenant’s Cabling Work”) within the Leased Premises without interfering at Tenant’s sole cost and expense, which Cabling Work shall be coordinated with the performance Landlord and Building management and shall be subject to all terms of the Improvements Lease and (approximately ii) Tenant may inspect the progress of Landlord’s Work at no cost or liability to Landlord and in accordance with all laws. (b) Not later than fifteen (15) days prior to the Possession Date)Landlord’s estimated time for Substantial Completion of Landlord’s Work, Landlord shall so notify provide Tenant and, from and after such date of notification, Tenant and its contractors shall have access to the Leased Premises for the purposes of performing Tenant’s Work to install furniture systems, equipment and telephone/data equipment in preparation for Tenant’s occupancy of the Leased PremisesPremises (collectively, the “Prep Work”; the Cabling Work and Prep Work are referred to herein collectively as the “Tenant’s Work”). (c) All such access to perform Tenant’s Work and inspect Landlord’s Work shall be subject to scheduling by Landlord. In connection with such access, Tenant ▇▇▇▇▇▇ agrees (a) to cease promptly upon notice from Landlord any activity or work Tenant’s Work which has not been approved by Landlord or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of the ImprovementsLandlord’s Work, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord the Landlord’s Work and work being performed by the Tenant’s Work, each with the other and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be deemed to be subject to all of the applicable provisions of the Lease, except that (x) there shall be no obligation on the part of Tenant solely because of such access to pay any Base Rent or Additional Rent with respect to the Premises until otherwise required by the terms of the Lease. (d) Without limiting the foregoing, prior to accessing the Original Completion DeadlinePremises, Tenant shall provide to Landlord, in form and substance reasonably acceptable to Landlord: (i) a detailed description of and schedule for Tenant’s Work; (ii) the names and addresses of all contractors, subcontractors and material suppliers and all other representatives of Tenant who or which will be entering the Premises on behalf of Tenant to perform Tenant’s Work or will be supplying materials for such work, and the approximate number of individuals, itemized by trade, who will be present in the Premises; (yiii) Tenant shall not be deemed thereby copies of all contracts, subcontracts and material purchase orders pertaining to have taken Tenant’s Work; (iv) copies of all plans and specifications pertaining to Tenant’s Work; (v) copies of all licenses and permits required in connection with the performance of Tenant’s Work; (vi) certificates of insurance (in amounts satisfactory to Landlord and with the parties identified in, or accepted possession required by, the Lease named as additional insureds) and instruments of indemnification against all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant’s Work; and (vii) assurances of the Leased Premises ability of Tenant to pay for all of Tenant’s Work and/or a letter of credit or any portion thereof. other security deemed appropriate by Landlord securing Tenant’s lien-free completion of Tenant’s Work. (e) If Tenant fails or refuses to comply or cause its contractors to comply with, with any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of right to access the Premises prior to the Leased Premisesdate of Substantial Completion of Landlord’s Work. Landlord shall assume no responsibility for the quality or completion of the Tenant’s work Work under this Section 35Section, and shall not be responsible for equipment or supplies left or stored on in the Leased Premises by Tenant or Tenant’s contractors. Tenant’s access to the Premises pursuant to this Section shall be at the sole risk of Tenant. ● Construction: o Interior framing, drywall, and interior doors to be constructed per applicable building codes and consistent with existing construction. o Double doors (72-in. wide) with automatic openers and glass lights per sketches A01 and A02 (glass only as doors noted). Tenant to pay for difference in price between H.M. Double Doors and the doors referenced in the previous sentence. ● Ceilings: o Existing acoustic tile ceiling to remain throughout and tile to be replaced as needed where stained or damaged. ● Lighting: o New LED lighting to be provided (2x4 recessed type) ● Floor Finishes: o Production Areas: Building Standard VCT. o Administrative Office Areas: Building Standard Carpet o Breakroom: Building Standard VCT. o Restrooms: Existing to remain and be cleaned o Electric / IDF / ▇▇▇▇▇▇▇’s Closet: Existing to remain and be cleaned ● Wall Finishes: Interior paint throughout, maximum two colors ● Millwork: Existing pantry millwork to be touched up for appearance. ● HVAC: o Supply and ducting sufficient for tenancy per applicable mechanical codes.

Prior Access. At If Tenant delivers to Landlord a written request for Tenant and Tenant's contractors to have joint access to the Premises with Landlord and Landlord's contractor prior to Landlord's delivery of possession of the Premises to Tenant for the purpose of installing telephone, computer, other special equipment and furniture, then Landlord shall notify Tenant in writing when Tenant and Tenant's contractors can have such point asaccess if in Landlord's judgment (i) such joint access will not cause unreasonable interference with the work of Landlord's contractor; (ii) there are no delays created thereby in the Tenant Work construction process; and (iii) an acceptable schedule of work is agreed upon between Landlord's Contractor and Tenant's contractors. If the foregoing conditions have been met, Landlord shall use reasonable efforts to provide such access at least two (2) weeks prior to the date on which the Premises are substantially completed, in order to install cabling, wiring, telephone, computer and other special equipment and furniture. Tenant shall indemnify, hold harmless, and defend Landlord from any loss, damage, cost or expense (including attorney's fees and court costs) incurred by Landlord’s reasonable judgment, whether before or after the Improvements if any have proceeded to such point where Tenant may install wiresCommencement Date, cables, furniture, fixtures and equipment (“Tenant’s Work”) within the Leased Premises without interfering with as a result of the performance of such work by Tenant or Tenant's contractor. In addition, Tenant shall not be permitted to enter the Improvements (approximately fifteen days prior Premises until Landlord has approved all furniture, equipment and other items to be installed by Tenant or its contractor, as well as the plans for such installation, and Landlord and Tenant have agreed in writing to a schedule for all of the foregoing work to be completed by Tenant or its contractor in such phase of the Premises, such consent not to be unreasonably withheld, delayed or conditioned. Access, if any, to the Possession Date), Landlord shall so notify Premises by Tenant and, from in accordance with the foregoing and after such date of notification, Tenant and its contractors shall have access to the Leased Premises solely for the purposes of performing Tenant’s Work set forth above shall not be deemed to advance the Commencement Date. The indemnification obligations set forth in preparation for Tenant’s occupancy the Lease shall commence on the effective date of the Leased Lease (irrespective of when the term commences) and such obligation shall apply with respect to the work performed by Tenant's contractors in the Premises. In connection with such access, Tenant agrees (a) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord or is not in compliance with as though the provisions of this Lease or which shall interfere with or delay the performance of the Improvements, and (b) to comply promptly with all reasonable procedures and regulations prescribed by Landlord from time to time for coordinating work being performed by Landlord and work being performed such contractors constituted the conduct of business by Tenant. Tenant shall maintain all insurance coverages required by this Lease commencing as of the effective date of the Lease (irrespective of when the term commences) and Tenant shall provide certificates thereof to Landlord prior to any access to the Premises. Any delay in providing such certificates shall entitle Landlord to deny access to Tenant and shall relieve Landlord of any obligation to provide such access within the foregoing time periods. TENANT: UNISPHERE SOLUTIONS, each INC., a Delaware corporation By: /s/ Thom▇▇ ▇. ▇▇▇▇▇▇▇▇ ---------------------- Date: 5-9-00 -------------------- Its: COO --------------------- LANDLORD: 7800 CONGRESS, L.C., a Florida Limited liability company By: __________________________ Sean ▇. ▇▇▇▇▇ Its Managing Member Date: __________________ EXHIBIT 1 BUILDING STANDARD MATERIALS -2 x 2 lay in fire rated ceiling tiles -Exposed fire sprinkler heads -2 x 4 lay in return air Parabolic light fixtures (18 square) energy efficient electronic ballasts with T8 Lamps -Hollow core, paint grade, wood interior doors -30 oz. direct glue down nylon carpet -Drywall to be painted with 2 coats of Benj▇▇▇▇ ▇▇▇▇▇ ▇▇▇t latex paint -Interior doors to be painted with 2 coats of Benj▇▇▇▇ ▇▇▇▇▇ ▇▇▇ based semi gloss. -On the first floor only, entrance doors to the suite are tempered glass doors with a metal frame. -On the Second floor, entrance doors are 8' solid core wood doors with a stained finish [SPACE PLAN - SCHEME #4] EXHIBIT B DESCRIPTION: A portion of Section 31, Township 46 South, Range 43 East, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 31; thence South 89 degrees 54 minutes 06 seconds West along the South line of said Section 31, a distance of 614.15 feet to a point on the West right-of-way line of the Seaboard Coastline Railroad; thence North 00 degrees 10 minutes 37 seconds West along said right-of-way, a distance of 3913.66 feet; thence North 89 degrees 56 minutes 10 seconds West, a distance of 727.75 feet to a point on the arc of a circular curve concave to the Northwest whose radius point bears North 56 degrees 18 minutes 38 seconds West from the last described point, said point being on the Easterly right-of-way line of Congress Avenue; thence Southerly and Westerly along the arc of said curve, having a radius of 1969.86 feet, a center angle of 13 degrees 51 minutes 51 seconds, an arc distance of 476.66 feet to the point of tangency; thence South 47 degrees 33 minutes 13 seconds West, a distance of 97.55 feet to the POINT OF BEGINNING; thence South 42 degrees 26 minutes 47 seconds East, a distance of 360.00 feet; thence South 47 degrees 33 minutes 13 seconds West, a distance of 349.74 feet to the point on the arc of the circular curve whose radius point bears South 58 degrees 59 minutes 49 seconds West; thence Northerly and Westerly along the arc of said curve having a radius of 993.00 feet, a central angle of 11 degrees 26 minutes 35 seconds, an arc distance of 198.32 feet to the point of tangency; thence North 42 degrees 26 minutes 47 seconds West, a distance of 98.00 feet; thence North 42 degrees 25 minutes 47 seconds West, a distance of 65.00 feet; thence North 47 degrees 33 minutes 13 seconds East, a distance of 275.00 feet to the POINT OF BEGINNING. The foregoing property also being the parcel marked "Not a Part of This Plot" on the plot of "Boca Commerce Center Phase I", as recorded in Plot Book 46, Page 44 of the Public Records of Palm Beach County, Florida. The foregoing property also known as Tract "A", 7800 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇t, as recorded in Plat Book 85, Pages 181 and 182 of the Public Records of Palm Beach County, Florida. Said lands situate, lying and being in Palm Beach County, Florida. CONTAINING 116,518 SQUARE FEET/2.6749 ACRES, MORE OR LESS. EXHIBIT C [BOCA COMMERCE CENTER PHASE I PLAN] EXHIBIT D BUILDING RULES AND REGULATIONS 1. The sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors or halls shall not be obstructed or encumbered, nor shall they be used for any purpose other than ingress or egress to and with from the Premises, the Building Common Areas, or the Building Site Common Areas. No showcases or other articles shall be put in front of or affixed to any other activity or work in part of the exterior of the Building, includingnor placed in the halls, corridors or vestibules without the prior written consent of the Landlord. 2. No awnings or other projections shall be attached to the outside walls of the Building without the Landlord's prior written consent. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises, without limitation, the use prior written consent of labor which shall work in harmony with all other contractors performing work at the BuildingLandlord. Such access awnings, projections, curtains, blinds, shades, screens or other fixtures must be of a quality, type, design and color, and attached in the manner approved by Tenant the Landlord. The Building Standard Interior Window Treatment is an Ivory PVC vertical blind. 3. No sign, interior window treatment, advertisement, notice or other lettering shall be deemed to be subject to all exhibited, inscribed, painted or affixed on any part of the applicable provisions outside or inside of the LeasePremises or Building without the Landlord's prior written consent. In the event of the violation of the foregoing, except that (x) there shall be no obligation on Landlord may remove same without any liability, and may charge the part of Tenant solely because of expense incurred by such access to pay any Rent prior removal to the Original Completion DeadlineTenant or Tenants violating this rule. 4. The skylights, windows and (y) Tenant doors that reflect or admit light and air into the halls, passageways or other public places in the Building shall not be deemed thereby to have taken covered or accepted possession of the Leased Premises or obstructed by any portion thereof. If Tenant fails or refuses to comply or cause its contractors to comply with, any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of access to the Leased Premises. Landlord shall assume no responsibility for the quality or completion of Tenant’s work under this Section 35, and shall not be responsible for equipment or supplies left or stored on the Leased Premises by Tenant or Tenant’s contractors.