Tenant hereby further agree that Landlord shall not be liable to Tenant for any amountsdescribed in such Section 1.2.     4. Early Entry Date. Section 1.3 of the Lease is hereby deleted in its entirety andreplaced with the following:     “1.3 Early Entry Date: Landlord and Tenant hereby agree that the Premises shall bedelivered in phases as set forth on Exhibit A-3 attached hereto and made a part hereof,with the estimated date of Substantial Completion of each such phase being also described onExhibit A-3. Landlord shall use commercially reasonable efforts to cause the SubstantialCompletion of each phase by the estimated Substantial Completion date for such phase as set forthin Exhibit A-3.     Upon the delivery of each phase of the Premises to Tenant, Tenant shall have full access anduse of such phase; provided, however, Tenant acknowledges and agrees (a) that prior to SubstantialCompletion of Phase III, Tenant will cause any invitee of Tenant (other than the Approved TenantParties (as defined herein)) entering the Premises to execute a release agreement in form andsubstance reasonably acceptable to Landlord; and (b) to ensure that none of its employees,invitees, representatives or other agents access any other portion of the Premises other than thePhase of such Premises that has been Substantially Completed; provided, however, that the ApprovedTenant Parties (as defined herein) shall have access to such other phases that are not yetSubstantially Completed for purposes of performing Tenant’s fixturing and other work pursuant toSection 1.2 of the Lease and, upon prior notice and coordination with Landlord and LauthConstruction, LLC, for inspecting the Premises and Landlord’s Work. The term “Approved TenantParties” shall include the following entities and/or individuals: (i) any employee of UltaSalon, Cosmetics & Fragrance, Inc., (ii) any employee of Warehouse Equipment, Inc., (iii) anyemployee of Factory Mutual, (iv) any employee of TAG Solutions Group, LLC, (v) any employee ofAllegiance Security, (vi) any employee of Federal Communications Group, (vii) any employee ofTechnical Design Services, Inc. (d/b/a TDSi), (viii) any employee of Honeywell, (ix) any employeeof Interlink, (x) any employee of Ameritemps, (xi) any employee of Delta Diversified Electric and(xii) any employee of Ace Conveyor.     Tenant shall be fully responsible and shall indemnify, save and hold harmless Landlord fromany and all liabilities, costs and damages, resulting in bodily injury to or personal injury(including death) to a Covered Tenant Party (as defined herein) or on account of damage to propertyof a Covered Tenant Party (whether caused by the negligence of Landlord or its agents orrepresentatives or otherwise) that arises out of such Covered Tenant Party’s presence in a phase ofthe Premises prior to Substantial Completion of such phase of the Premises. The term “CoveredTenant Party” shall mean any employee, invitee or agent of Tenant (including any ApprovedTenant Party) (but not of any employee, invitee or agent of Landlord) that accesses a phase of thePremises prior to Substantial Completion thereof.     Except as otherwise provided in Paragraph 5 of this Amendment below, Tenant shall comply withall of the provisions of the Lease, including Tenant’s obligation to carry the types
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and amounts of insurance required by Section 11.3 and to deposit with Landlord certificates ofsuch insurance required by Section 11.3 before accessing the Premises, which shall specificallyinclude, without limitation, certificates of such insurance of the Approved Tenant Parties.”     5. Additional Rent; Base Rent. Notwithstanding anything to the contrary in the Leaseor this Amendment, (a) Tenant shall commence paying Additional Rent as of the date of SubstantialCompletion of Phase II of the Premises; and (b) Tenant shall commence paying Base Rent as of thedate that is [***] from the date of Substantial Completion of Phase II of the Premises.     6. Substantial Completion. The definition of “Substantial Completion” as setforth in Section (4)a of Exhibit B to the Lease shall be amended and restated as follows:     “Substantial Completion” shall be deemed to have occurred upon the date upon which theLandlord obtains a temporary certificate of occupancy (or local equivalent) for the Premises (orany portion thereof as depicted on Exhibit A-3), which shall permit Tenant to enter uponthe Premises (or any portion thereof as depicted on Exhibit A-3) and commence Tenant’soperation of the Premises (or any portion thereof as depicted on Exhibit A-3) for thePermitted Use.     7. Miscellaneous.     a. Except as modified by this Amendment, all other terms, covenants and conditions of theLease not specifically amended hereby shall remain in full force and effect.     b. The Lease, as amended by this Amendment, contains the entire agreement of the partieshereto and no representations, inducements, promises or agreements, oral or otherwise, between theparties not embodied herein shall be of any force or effect. The Lease may be further amended onlyin writing signed by both Landlord and Tenant.     c. This Amendment may be executed in several counterparts, each of which shall be deemed to bean original and all of which, collectively, shall be deemed to constitute one and the sameinstrument.[Signature page follows]
3 [***]: Certain information on thispage has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

 
     IN WITNESS WHEREOF, the Landlord and Tenant have executed this instrument as of the day andyear first above written.      **LANDLORD:**