OF ANY DELAY CAUSED BY SUBTENANT, ITS AGENTS,
EMPLOYEES OR CONTRACTORS ("SUBTENANT DELAY"), INCLUDING WITHOUT LIMITATION, ANY
DELAY ARISING AS A RESULT OF:
(I)
SUBTENANT'S FAILURE TO DEVOTE THE TIME
OR FURNISH THE INFORMATION REQUIRED UNDER PARAGRAPHS 1 OR 2 HEREOF OR RESPOND
WITHIN THE TIME PERIODS REQUIRED UNDER PARAGRAPHS 1 OR 2 HEREOF OR SUBTENANT'S
FAILURE TO APPROVE COST ESTIMATES FOR SUBTENANT IMPROVEMENTS AND, IF APPLICABLE,
SUBTENANT'S CONTRIBUTION, WITHIN THE TIME PERIODS SPECIFIED IN PARAGRAPHS 2(B)
AND
3(B) HEREOF; OR
(II)
SUBTENANT'S CHANGES IN SUBTENANT
IMPROVEMENTS OR IN THE WORKING PLANS AFTER INITIAL APPROVAL (NOTWITHSTANDING
SUBLANDLORD'S APPROVAL OF ANY SUCH CHANGES);
(III)
FAILURE BY SUBTENANT TO PROCURE KEY CRITICAL
PATH ITEMS IDENTIFIED BY SUBLANDLORD OR SUBLANDLORD'S CONTRACTOR; OR
(IV)
ANY OTHER ACT OR OMISSION BY SUBTENANT, ITS
AGENTS, EMPLOYEES OR CONTRACTORS;
5.
ACCESS BY SUBTENANT PRIOR TO COMPLETION
OF SUBTENANT IMPROVEMENTS.
(A) CONDITIONS OF ENTRY.
SUBLANDLORD SHALL PERMIT SUBTENANT, ITS AGENTS,
EMPLOYEES AND CONTRACTORS TO ENTER THE SUBLEASE PREMISES THIRTY (30) DAYS PRIOR
TO THE DATE SPECIFIED AS THE SUBLEASE PREMISES RENT COMMENCEMENT DATE OF THE
SUBLEASE IN ORDER THAT SUBTENANT MAY MAKE THE SUBLEASE PREMISES READY FOR
SUBTENANT'S USE AND OCCUPANCY.
SUCH ENTRY SHALL CONSTITUTE A LICENSE ONLY AND
NOT A LEASE, AND SUCH LICENSE SHALL BE CONDITIONED UPON SUBTENANT, ITS AGENTS,
EMPLOYEES AND CONTRACTORS WORKING IN HARMONY AND NOT INTERFERING WITH
SUBLANDLORD AND SUBLANDLORD'S AGENTS, CONTRACTORS, WORKMEN, MECHANICS, AND
SUPPLIERS IN DOING SUBTENANT IMPROVEMENTS OR ANY OTHER WORK IN THE SUBLEASE
PREMISES OR THE BUILDING OR WITH OTHER SUBTENANTS AND OCCUPANTS OF THE
BUILDING.
SUBLANDLORD SHALL HAVE THE RIGHT TO WITHDRAW SUCH LICENSE FOR CAUSE
UPON TWENTY-FOUR (24) HOURS' WRITTEN NOTICE TO SUBTENANT.
SUBTENANT AGREES THAT
ANY SUCH ENTRY INTO AND OCCUPATION OF THE SUBLEASE PREMISES SHALL BE DEEMED TO
BE UNDER ALL OF THE TERMS, COVENANTS, AND PROVISIONS OF THE SUBLEASE EXCEPT AS
TO THE COVENANT TO PAY RENT.
SUBTENANT FURTHER AGREES THAT IT SHALL BE SOLELY
RESPONSIBLE FOR THE SAFETY OF ANY SUCH WORK PERFORMED, THAT SUBLANDLORD SHALL
NOT BE LIABLE IN ANY WAY FOR ANY INJURY, LOSS, OR DAMAGE THAT MAY OCCUR TO ANY
OF SUBTENANT'S PROPERTY PLACED OR INSTALLATIONS MADE IN THE SUBLEASE PREMISES
PRIOR TO THE SUBLEASE PREMISES RENT COMMENCEMENT DATE OR TO SUBTENANT, ITS
AGENTS, EMPLOYEES OR CONTRACTORS, THE SAME BEING AT SUBTENANT'S SOLE RISK.
SUBTENANT AGREES TO PROTECT, DEFEND, INDEMNIFY, AND SAVE HARMLESS SUBLANDLORD
FROM ALL LIABILITIES, COSTS, DAMAGES, FEES, AND EXPENSES ARISING OUT OF OR IN
CONNECTION WITH THE ACTIVITIES OF SUBTENANT OR ITS AGENTS, EMPLOYEES,
CONTRACTORS, SUPPLIERS, OR WORKMEN IN OR ABOUT THE SUBLEASE PREMISES OR THE
BUILDING.
(B) INSURANCE.
IN THE EVENT SUBTENANT EMPLOYS CONTRACTORS TO DO WORK IN THE
SUBLEASE PREMISES, SUBTENANT SHALL CAUSE ALL SUCH CONTRACTORS TO SECURE AND PAY
FOR WORKMEN'S COMPENSATION, EMPLOYER'S LIABILITY INSURANCE, AND COMPREHENSIVE
GENERAL LIABILITY INSURANCE IN FORMS AND AMOUNTS ACCEPTABLE TO SUBLANDLORD.
ALL
POLICIES SHALL BE ENDORSED TO INCLUDE SUBLANDLORD AND ITS EMPLOYEES AND AGENTS
AS ADDITIONAL INSURED PARTIES.
CERTIFICATES OF INSURANCE FOR SUCH POLICIES, IN
A FORM