Common use of Appurtenant Rights Clause in Contracts

Appurtenant Rights. Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees to use in common with others entitled thereto, the easements, rights of way or other rights, if any, which are appurtenant to the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be subject to such conditions, rules and regulations from time to time established by Landlord pursuant to Section 17.6 (the "Rules and Regulations") and to the right of Landlord to designate and change from time to time such appurtenant rights pursuant to the terms of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the use of the Premises by Tenant. Tenant and any other tenant of any portion of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have the right, in common with the other, to use the parking and loading areas on the Property, the driveways and sidewalks providing access to the Building and said parking and loading areas, the entrances, lobbies, stairways, elevators and corridors necessary for access to their respective leased premises, and the ducts, conduits, wires, cables, pipes, chases and other systems and equipment necessary to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan attached hereto as Exhibit A. ---------

Appurtenant Rights. Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees rights to use in common with others entitled thereto, the easements, rights of way or other rights, if any, which are appurtenant to the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be (subject to such conditions, reasonable rules of general applicability to tenants and regulations other users of the Building from time to time established made by Landlord pursuant to Section 17.6 of which Tenant is given written notice): (a) the "Rules common lobbies, corridors, stairways, elevators and Regulations"loading platform, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and walkways necessary for access to the right Building; (c) if the Premises include less than the entire rentable floor area of Landlord to designate any floor, the common toilets, corridors and change elevator lobby on such floor and serving the Premises; (d) the roof of the Building for telecommunications antennae and Tenant's Supplemental AC System (hereinafter defined); and (e) the parking areas, which shall at all times permit unreserved parking for Tenant at a ratio of 3.6 spaces per 1,000 square feet of Rentable Floor Area of the Premises, and facilities serving the Building from time to time such appurtenant rights pursuant to the terms of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the intended for general use of the Premises by Tenant, other Building tenants, and visitors, subject to reasonable non-discriminatory rules from time to time made by Landlord of which Tenant is given notice. Tenant and any other tenant of any portion of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have the right, in common with all other tenants of the otherBuilding, to use the parking and loading areas serving the Building without charge, on a first come, first served basis. Nothing contained in the PropertyLease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the driveways location, layout or type of the forgoing common areas and sidewalks providing access to facilities, provided that Landlord shall not substantially reduce the Building and said number of parking and loading areas, spaces available for use of tenants of the entrances, lobbies, stairways, elevators and corridors necessary for access to their respective leased premises, and the ducts, conduits, wires, cables, pipes, chases and other systems and equipment necessary to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan attached hereto as Exhibit A. ---------Building.

Appurtenant Rights. Subject to the matters set forth in subsection (i) below, Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees to use in common with Landlord and others, the following areas of the Property (collectively, the “Common Facilities”): (i) public or common lobbies, hallways, stairways, elevators (if any) and common walkways necessary for access to the Building and the Premises, and if the portion of the Premises on any floor includes less than the entire floor, any common toilets, any corridors required for access to the Premises and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Tenant’s employees and invitees shall be entitled to use sixty-two (62) of the parking spaces located on the parking area(s) located on the Property, fifty-three (53) of which parking spaces shall be used in common with others entitled thereto, on an unreserved, non-exclusive, first-come, first-served basis, and nine (9) of which parking spaces shall be located in the easements, rights of way or other rights, if any, which are appurtenant to parking garage serving the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be subject to such conditions, rules and regulations Building in locations reasonably designated by Landlord from time to time established by on an exclusive, reserved basis, which exclusive, reserved parking spaces will be marked “Replimune”. Subject to the terms and provisions of this Section 2.2(a) and ARTICLE 14 below, Landlord shall not reduce the parking ratio for the Building (which is (x) 3.3 parking spaces per 1,000 rentable square feet of Premises Rentable Area for unreserved parking spaces, and (y) 0.5 parking spaces per 1,000 rentable square feet of Premises Rentable Area for reserved parking spaces) or the number of parking spaces that Tenant and Tenant’s employees and invitees are entitled to use pursuant to this Section 17.6 (2.2(a), after the "Rules Term Commencement Date of this Lease. Landlord shall not be liable to Tenant, and Regulations") and to this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Tenant shall have the right to install and use a Satellite Dish (as defined below) on the roof of Landlord to designate and change from time to time such appurtenant rights the Building pursuant to the terms and provisions of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the use of the Premises by Tenant. Tenant and any other tenant of any portion of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have the right, in common with the other, to use the parking and loading areas on the Property, the driveways and sidewalks providing access to the Building and said parking and loading areas, the entrances, lobbies, stairways, elevators and corridors necessary for access to their respective leased premises, and the ducts, conduits, wires, cables, pipes, chases and other systems and equipment necessary to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan Exhibit H attached hereto as Exhibit A. ---------hereto.

Appurtenant Rights. Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees rights to use in common with others entitled thereto, the easements, rights of way or other rights, if any, which are appurtenant to the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be (subject to such conditions, reasonable rules of general applicability to tenants and regulations other users of the Building from time to time established made by Landlord pursuant to Section 17.6 of which Tenant is given written notice): (a) the "Rules common lobbies, corridors, stairways, elevators and Regulations"loading platform, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and walkways necessary for access to the right Building; (c) if the Premises include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby on such floor and serving the Premises; (d) the roof of the Building for telecommunications antennae; (e) a location on the ground reasonably designated by Landlord adjacent to designate the Building for a generator; and change (f) all other areas or facilities in the Building from time to time such appurtenant rights pursuant to the terms of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the intended for general use of the Premises by Tenant, other Building tenants, and Landlord, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice. Tenant and any other tenant of any portion of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have the right, in common with all other tenants of the otherBuilding, to use the parking and loading areas serving the Building without charge, on a first-come, first-served basis as set forth in Article 11 hereof. Nothing contained in the PropertyLease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the driveways and sidewalks providing access to the Building and said location, layout or type of such parking and loading areas, provided that Landlord shall not substantially reduce the entrances, lobbies, stairways, elevators and corridors necessary number of parking spaces available for access to their respective leased premisesuse of tenants of the Building, and provided that any changes shall be consistent with the ducts, conduits, wires, cables, pipes, chases and other systems and equipment necessary to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications and other utility services to their respective leased premises, all such rights in the Property being subject to the rights requirements of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan attached hereto as Exhibit A. ---------Article 11 hereof.

Appurtenant Rights. The Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive nonexclusive right to use, and permit its Agents and invitees to use in common with others entitled theretoothers, subject to the Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules and main lobby of the Building, the easementscommon stairways, rights elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of way or in common with other rightstenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect, and (iv) if anythe Premises at any time includes less than the entire rentable floor area of any floor, which are the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the "Common Areas"). The Tenant shall have, as appurtenant to the Property pursuant Premises, the parking rights set forth in Section 2.4. The Tenant shall have, as appurtenant to any recorded documents evidencing such easements or rights; but such rights shall always be the Premises, the nonexclusive right to use for up to 20 hours per month, subject to such conditions, reasonable rules and regulations promulgated by Landlord from time to time established time, the conference rooms in Landlord’s development offices and the kitchenette adjacent thereto (but only in connection with Tenant’s use of the conference rooms) that are made available to certain other tenants in the Building on a ““first come, first served”“ basis, provided that Tenant shall be responsible for the payment, as Additional Rent, of any incidental third party costs incurred by Landlord pursuant in connection with Tenant’s use of such spaces (excluding any costs of janitorial services, electricity or other services that are provided by Landlord to Section 17.6 the conference rooms regardless of whether or not they are utilized). The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use the facilities (the "Rules and RegulationsFacilities") located on the medical campus of The Xxxxx Xxxxxxx University (the ““University”“) as set forth in the letter dated January 23, 2009 from Xxx X. Xxxx, M.D., Ph.D., Vice Xxxx of Research for the University (the ““Xxxx Letter”“), such Facilities shall include but not be limited to: (i) microarray core; (ii) molecular imaging core; (iii) microscopy; (iv) mass spectrometry and proteomics; (v) high throughput biology center, including chemical library cleaning and peptide/protein sequencing; (vi) flow cytometry core; (vii) specialized tools for large-scale analysis; (viii) minimally invasive surgical training center; (ix) biomedical imaging; and (x) Vivarium and Medical Library access including access to the right of Landlord to designate and change from time to time such appurtenant rights pursuant to the terms a Vivarium by an indoor route. A copy of the recorded documents evidencing such rights Xxxx Letter is attached hereto as Exhibit G. The Tenant and the University will individually negotiate any service agreements. Landlord shall have no obligation to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere Tenant with respect to the use of the Facilities. If Tenant is denied access to the Facilities for a period exceeding thirty (30) consecutive days, and such denial of access to the Facilities is within the University’s reasonable control and not due to causes beyond the University’s control such as force majeure or national or state emergencies, Tenant shall have the right to terminate the Lease within thirty (30) days after providing Landlord a written termination notice, and Tenant shall surrender the Premises by Tenanton the termination date provided in the notice as required under Section 12.9 of the Lease. As of the termination date, Landlord and Tenant shall be relieved from all obligations under the Lease, except Landlord’s obligation to return any unused portion of the Security Deposit and any other tenant of any portion of obligations that expressly survive the Building recaptured by Landlord under Section 7.6 early termination of this Lease shall each have the right, in common with the other, to use the parking and loading areas on the Property, the driveways and sidewalks providing access to the Building and said parking and loading areas, the entrances, lobbies, stairways, elevators and corridors necessary for access to their respective leased premises, and the ducts, conduits, wires, cables, pipes, chases and other systems and equipment necessary to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan attached hereto as Exhibit A. ---------Lease.

Appurtenant Rights. During the Term, Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees non‑exclusive rights to use in common with others entitled thereto(subject to reasonable rules of general applicability to tenants and other users of the Building from time to time made by Landlord of which Tenant is given notice) the common areas of the Building and the common areas of the Property, as follows: for the easementsBuilding, rights of way or other rights(a) the common entrances, lobbies, elevators, stairways and accessways, if any, which are appurtenant loading docks, ramps, drives and platforms and any passageways and serviceways thereto to the Property pursuant extent not exclusively serving another tenant or contained within another tenant’s premises, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and walkways necessary for access to the Building; (c) if the Premises include less than the entire rentable floor |US-DOCS\129492181.2|| area of any recorded documents evidencing floor, the common corridors, elevator lobby, and restroom facilities located on such easements floor; and (d) all other areas or rights; but such rights shall always be subject to such conditions, rules and regulations facilities in or about the Building from time to time established by Landlord pursuant to Section 17.6 (the "Rules and Regulations") and to the right of Landlord to designate and change from time to time such appurtenant rights pursuant to the terms of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the designated for general use of the Premises in common by Tenant. Tenant , other Building tenants, and any other tenant of any portion of Landlord (collectively, the “Building recaptured by Landlord under Section 7.6 of this Lease shall each have the rightCommon Areas”), in common with the other, to use the parking and loading areas on for the Property, the driveways parking structure and sidewalks providing access parking areas, loading and unloading areas, trash area, roadway, sidewalks, walkways, parkways, driveways, landscaped areas appurtenant to the Building Building, fixtures, systems, décor facilities and said parking landscaping contained, maintained or used in connection with those areas and loading areasshall be deemed to include any city sidewalks adjacent to the Property, any pedestrian walkways system, park or other facilities located on the Property and open to the general public (collectively, the entrances, lobbies, stairways, elevators “Property Common Areas”). The Building Common Areas and corridors necessary for access to their respective leased premises, and Property Common Areas may be referred herein collectively as the ducts, conduits, wires, cables, pipes, chases and other systems and equipment necessary to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan attached hereto as Exhibit A. ---------“Common Areas.”

Appurtenant Rights. During the Term, Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees rights to use in common with others entitled thereto, the easements, rights of way or other rights, if any, which are appurtenant to the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be (subject to such conditions, reasonable rules of general applicability to tenants and regulations other users of the Building from time to time established made by Landlord pursuant to Section 17.6 of which Tenant is given notice): (a) the "Rules and Regulations") and to the right of Landlord to designate and change from time to time such appurtenant rights pursuant to the terms of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the use of the Premises by Tenant. Tenant and any other tenant of any portion of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have the rightcommon lobbies, in common with the other, to use the parking and loading areas on the Property, the driveways and sidewalks providing access to the Building and said parking and loading areas, the entrances, lobbiescorridors, stairways, elevators and corridors loading platform of the Building, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and walkways necessary for access to their respective leased premisesthe Building; (c) if the Premises include less than the entire rentable floor area of any floor, the common corridors, elevator lobby, and restroom facilities located on such floor; and (d) subject to Landlord’s right to temporarily close the ductsGarage as provided in Exhibit F attached hereto, conduitsthe Garage (as defined in Exhibit F attached hereto); and (e) all other areas or facilities in or about the Building from time to time designated for general use in common by Tenant, wiresother Building tenants, cablesand Landlord (collectively, pipes, chases the “Common Areas”). In addition Tenant shall have the exclusive right to use the Dedicated Venting System (as defined in Section 5 of Exhibit F attached hereto) and other systems the Back-Up Power and equipment necessary Supplemental Components (as defined in Section 6 of Exhibit F attached hereto) and the non-exclusive right to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications access those portions of the Building and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable(including, including without limitation, the exclusive right roof of an abutting owner the Building), to use the area designated as Parking Easement B as shown on extent necessary for the plan operation, maintenance, and repair of the Dedicated Venting System, all subject to, and in accordance with, the terms and conditions set forth in Section 5 of Exhibit F attached hereto as Exhibit A. ---------hereto).

Appurtenant Rights. During the Term, Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right to use, and permit its Agents and invitees rights to use in common with others entitled thereto, the easements, rights of way or other rights, if any, which are appurtenant to the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be (subject to such conditions, reasonable rules of general applicability to tenants and regulations other users of the Building from time to time established made by Landlord pursuant to Section 17.6 of which Tenant is given notice): (a) the "Rules and Regulations") and to the right of Landlord to designate and change from time to time such appurtenant rights pursuant to the terms of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the use of the Premises by Tenant. Tenant and any other tenant of any portion of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have the rightcommon lobbies, in common with the other, to use the parking and loading areas on the Property, the driveways and sidewalks providing access to the Building and said parking and loading areas, the entrances, lobbiescorridors, stairways, elevators and corridors loading platform of the Building, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and walkways necessary for access to their respective leased premisesthe Building; (c) if the Premises include less than the entire rentable floor area of any floor, the common corridors, elevator lobby, and restroom facilities located on such floor; and (d) subject to Landlord’s right to temporarily close the ductsGarage as provided in Exhibit F attached hereto, conduitsthe Garage (as defined in Exhibit F attached hereto); and (e) all other areas or facilities in or about the Building from time to time designated for general use in common by Tenant, wiresother Building tenants, cablesand Landlord (collectively, pipes, chases the “Common Areas”). In addition Tenant shall have the exclusive right to use the Dedicated Venting System (as defined in Section 5 of Exhibit F attached hereto) and other systems the Back-Up Power and equipment necessary Supplemental Components (as defined in Section 6 of Exhibit F attached hereto) and the non-exclusive right to provide heat, ventilation, air conditioning, electricity, gas, water, sewer, telecommunications access those portions of the Building and other utility services to their respective leased premises, all such rights in the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable(including, including without limitation, the exclusive right roof of an abutting owner the Building), to use the area designated as Parking Easement B as shown on extent necessary for the plan operation, [***]Confidential treatment has been requested maintenance, and repair of the Dedicated Venting System, all subject to, and in accordance with, the terms and conditions set forth in Section 5 of Exhibit F attached hereto as Exhibit A. ---------hereto).

Appurtenant Rights. Effective as of the Expansion Premises Commencement Date, the first paragraph of Section 2.2 (Appurtenant Rights) of the Lease is hereby deleted in its entirety and replaced with the following: “Tenant shall have, as appurtenant to the ------------------ Premises, the non-exclusive right rights to use, and permit its Agents and invitees to use use, in common with others entitled theretoLandlord and other tenants and occupants of the Property, the easements, rights of way or other rights, if any, which are appurtenant to the Property pursuant to any recorded documents evidencing such easements or rights; but such rights shall always be subject to such conditions, reasonable rules and regulations from time to time established made by Landlord pursuant to Section 17.6 of which Tenant is given notice: (a) the "Rules common lobbies, toilets and Regulations") and to the right of Landlord to designate and change from time to time such appurtenant rights pursuant to the terms of the recorded documents evidencing such rights and to grant and modify easements and other encumbrances so long as the same do not materially and adversely interfere with the use of the Premises by Tenant. Tenant and any other tenant of any portion corridors of the Building recaptured by Landlord under Section 7.6 of this Lease shall each have and the rightpipes, ducts, conduits, wires and appurtenant fixtures serving the Premises as more particularly described in common with the other, to use the parking Work Letter attached as Exhibit B hereto and loading areas on the Property, the driveways and sidewalks providing access Exhibit B to the Building First Amendment, (b) common walkways and said parking and loading areas, the entrances, lobbies, stairways, elevators and corridors driveways necessary for access to their respective leased premisesthe Building, and (c) to the ductsextent the Landlord, conduitsin its discretion, wiresprovides the following for the non-exclusive use of the tenants and occupants of the Property from time to time, cablesthe onsite cafe, pipesBuilding showers and lockers, chases Building common mother's room, secured, covered bicycle storage, rooftop shuffleboard courts as in existence as of the date hereof, all of which, to the extent the same are provided for the non-exclusive use of the tenants and occupants of the Property from time to time, are hereinafter known as the “Common Areas. During the Term, Tenant shall lease from Landlord, and Landlord shall lease to Tenant, or cause the operator (the “Operator”) of the parking lots serving the Building (the “Parking Facilities”) to lease to Tenant, sixty-four (64) unreserved parking spaces in the locations designated by Landlord within the Parking Facilities (the “Spaces”) for the use of Tenant and its employees, agents and invitees. Tenant shall not have the right to lease or otherwise use more than the number of unreserved Spaces set forth above. The Spaces shall be leased at the then-current rate for unreserved spaces in the Parking Facilities, as such rate may be adjusted from time to time, reflecting the then-current rate charged to monthly parkers parking in the Parking Facilities (the “Parking Fee”), which shall be no more than the prevailing parking rate for comparable parking facilities in Boston’s Seaport District. As of the Effective Date, the current Parking Fee is $200.00 per unreserved Space, per month. Prior to any increase to the Parking Fee, Landlord shall provide Tenant with at least thirty (30) days prior written notice of such increase. No deductions or allowances shall be made for days when Tenant or any of its employees, agents or invitees do not utilize the Parking Facilities or for Tenant utilizing less than all of the Spaces then leased by Tenant. In addition to the lease of the Spaces, Tenant shall also have the right to lease additional unreserved parking spaces in the Parking Facilities on a month-to-month basis (“Month-to-Month Spaces”) for the use of Tenant and its employees, agents and invitees, subject to such Month-to-Month Spaces being available for lease as determined by Landlord in Landlord’s sole discretion. Each Month-to-Month Space shall be leased at the Parking Fee, per month. If requested by Landlord, Tenant shall execute and deliver to Landlord a commercially reasonable parking agreement for any such Month-to-Month Spaces. As ​ used herein, the “Tenant Parking” shall collectively refer to (i) the Spaces and (ii) any Month-to-Month Space(s) during any time that Tenant is leasing any Month-to-Month Space(s). Landlord reserves the right upon thirty (30) days prior written notice to Tenant to relocate any of the Month-to-Month Space(s) to other systems parking areas or facilities in the Industrial Park within reasonable proximity of the Building. Tenant shall have exclusive use of the loading dock shown on page 2 of Exhibit A-1 to the First Amendment (the “Tenant’s Exclusive Loading Dock”). Tenant’s Exclusive Loading Dock shall be deemed a part of the Premises for all purposes herein. Landlord shall be responsible for performing all maintenance, repair and equipment necessary replacements for Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator (as defined below). All costs of such maintenance and repair to provide heatTenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator that are not capital in nature shall be included within Building Operating Expenses subject to Section 5.2.4 of the Lease, ventilationprovided that Tenant’s Percentage of such costs shall be 100%. Capital repairs and replacements to the Tenant’s Exclusive Loading Dock and Tenant’s Exclusive Freight Elevator shall be made by Landlord at its sole cost and expense without reimbursement by Tenant, air conditioningexcept for capital repairs or replacements required by any applicable laws not in existence as of the Expansion Premises Commencement Date (as defined in the First Amendment), electricitywhich shall be included in the Building Operating Expenses pursuant to Section 5.2.4, gasprovided that Tenant shall be 100% responsible for each annual portion as so amortized). Landlord currently does not charge a fee for use of Tenant’s Exclusive Loading Dock or Tenant’s Exclusive Freight Elevator; however, waterif Landlord determines that Tenant is using such facilities in a manner that poses a security concern for the Building and/or the tenants and occupants thereof or in a manner that is not in compliance with Landlord’s reasonable rules, sewerregulations and protocols, then Landlord reserves the right to employ security detail for any such use by Tenant, and in such event Landlord shall give Tenant written notice thereof and Tenant shall pay the actual reasonable cost charged by such security vendor within thirty (30) days of an invoice from time to time. Tenant shall have exclusive use of the freight elevator shown on page 2 of Exhibit A-1 to the First Amendment (the “Tenant’s Exclusive Freight Elevator”), 24 hours per day, 7 days per week, 365 days per year. Tenant shall have access to and use of the Premises, the Common Areas, and Tenant’s Exclusive Loading Dock 24 hours per day, 7 days per week, 365 days per year. The normal business hours for the Building are 8:00am to 6:00pm Monday through Friday, except for holidays. Landlord represents that, as of the Effective Date of the First Amendment, Verizon telecommunications and other utility cabling services to their respective leased premises, all such rights in are available at the Property being subject to the rights of others pursuant to easements and encumbrances of record insofar as in force and applicable, including without limitation, the exclusive right of an abutting owner to use the area designated as Parking Easement B as shown on the plan attached hereto as Exhibit A. ---------Building.”