Common use of Building Amenities Clause in Contracts

Building Amenities. The Common Areas shall contain the following for the nonexclusive use and enjoyment of Tenant and Tenant’s employees, in common with others: (a) a fitness center, initially equipped with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker facilities, including showers; (c) a secure area for the storage and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology (collectively, the “Amenities”). Landlord (or an operator selected by the Landlord) shall operate and maintain the Amenities on business days, during such hours as are reasonably determined by Landlord, in a first-class manner. The Amenities may be unavailable from time to time on a temporary basis due to construction activities, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by Landlord for such facility (if any), and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by tenants of the Building or Property, in which case any of such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its reasonable discretion. The Amenities shall be subject to (a) Landlord’s Rules and Regulations regarding the use thereof; and (b) execution of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the fitness center, and shall be limited to use by Building occupants, employees, and their guests. Tenant, and other tenants in the Building, may reserve the lounge for exclusive use for special events consistent with the use of similar spaces in first-class laboratory buildings in Cambridge on a first-come, first-serve basis with at least thirty (30) days’ prior notice to Landlord. Landlord shall use reasonable efforts to accommodate Tenant’s requests with respect to its use of the lounge. Tenant shall pay as Additional Rent with respect to Tenant’s use of the lounge for any such events a reasonable per-use setup, breakdown and cleaning fee, and no other usage fee.

Building Amenities. The Common Areas shall contain Landlord hereby grants to Tenant the following for right to non-exclusive use of the nonexclusive use Building’s fitness center with men and enjoyment of Tenant women’s locker rooms and Tenantoutdoor basketball and volleyball courts (collectively, the “Facilities”), the Building’s employeescafeteria and full service kitchen, in common with others: (a) a fitness center, initially equipped with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker facilities, including showers; (c) a secure area for the storage and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology Building’s break rooms (collectively, the “Amenities”). Landlord , subject to the following terms and conditions: (or an operator selected i) Tenant shall permit only its officers, employees and contractors to use the Facilities (“Permitted Users”); provided, however, only contractors engaged by Tenant with respect to Tenant’s core business operations shall be permitted to use the LandlordFacilities. (ii) shall operate and maintain the Amenities on business days, during such hours as are reasonably determined by Landlord, in a first-class manner. The Amenities may be unavailable from time to time on a temporary basis due to construction activities, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by Landlord for such facility (if any), and Landlord reserves the right to change the Tenant’s use of such facilities if the same is uneconomic or insufficiently used by tenants of the Building or Property, in which case any of such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its reasonable discretion. The Amenities shall be subject to compliance with such policies and procedures as Landlord may establish in its sole discretion from time to time regarding such use, including without limitation, policies relating to use of equipment located therein, hours of operation, conduct and dress requirements. (aiii) Landlord’s Rules and Regulations regarding Tenant covenants, as a condition of the use thereof; by each of the Permitted Users of the Facilities, including without limitation, the outdoor basketball and (b) execution of a waiver of liability volleyball courts, to obtain from each and indemnity agreement for Landlord’s benefit in form and substance satisfactory deliver to Landlord prior to such person’s use of the fitness center, and shall be limited to use by Building occupants, employees, and their guests. Tenant, and other tenants an executed Release in the Building, may reserve the lounge for exclusive use for special events consistent with the use of similar spaces in first-class laboratory buildings in Cambridge on a first-come, first-serve basis with at least thirty form attached hereto as Exhibit B. (30iv) days’ prior notice to Landlord. Landlord shall use reasonable efforts to accommodate Tenant’s requests with respect to its use of the lounge. Tenant shall pay as Additional Rent with respect to Tenant’s use of the lounge for any such events a reasonable per-use setupBuilding’s cafeteria and full service kitchen shall require the prior written approval of Landlord, breakdown and cleaning feewhich Landlord may withhold in its sole discretion, and no shall be at Tenant’s cost, including but not limited to, the cost of food, labor, maintenance, equipment, necessary improvements and any other usage feeassociated costs. (v) Landlord shall have the right, in its sole discretion, to change, add to, reduce or regulate the Amenities (or the use thereof) from time to time, provided that Landlord provides to Tenant the same access and rights to use the Amenities as it provides to any other tenant in the Building.

Building Amenities. The Common Areas Subject to such charges, policies, requirements, hours of operation, rules and regulations as shall contain the following for the nonexclusive use and enjoyment of Tenant and Tenant’s employees, in common with others: (a) a fitness center, initially equipped with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker facilities, including showers; (c) a secure area for the storage and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology (collectively, the “Amenities”). Landlord (or an operator selected by the Landlord) shall operate and maintain the Amenities on business days, during such hours as are reasonably determined established by Landlord, in a first-class manner. The Amenities may be unavailable from time to time on a temporary basis due to construction activitiestime, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by Landlord for such facility (if any), and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by tenants of the Building or Property, in which case any of such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its reasonable discretion, Tenant’s employees shall have the right to utilize the common amenities located at the Project, from time to time. The Amenities shall be subject In connection with the foregoing, Landlord agrees to (a) construct, at Landlord’s Rules sole cost and Regulations regarding expense (and not as an Operating Expense), common conference facilities as well as a Project fitness center and upgrades to the use thereofoutdoor amenity space adjacent to the Building; provided, however, completion of such amenities are not a condition precedent to the Commencement Date. In addition, Landlord shall consult with Tenant and Tenant shall have design input connection with any outdoor amenity space servicing the Building. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain any such Project amenities throughout the Term (bas the same may be extended) execution of a waiver of liability and indemnity agreement for Landlord shall have the right, at Landlord’s benefit in form and substance satisfactory reasonable discretion, to Landlord prior to such person’s use expand, contract, eliminate or otherwise modify any of the fitness centersame. No expansion, contraction, elimination, unavailability or modification of any such facilities, and shall be limited no termination of or interference with Tenant’s rights to use such amenities, shall entitle Tenant to an abatement or reduction in Rent or constitute a constructive eviction or an event of default by Building occupants, employees, and their guests. Tenant, and other tenants in Landlord under the Building, may reserve the lounge for exclusive use for special events consistent with the use of similar spaces in first-class laboratory buildings in Cambridge on a first-come, first-serve basis with at least thirty (30) days’ prior notice to LandlordLease. Landlord shall use reasonable efforts to accommodate Tenant’s requests with respect to its use while conducting any of the lounge. Tenant shall pay as Additional Rent foregoing activities to minimize any interference with respect to Tenant’s use of the lounge for Premises and the Parking Areas. Notwithstanding the foregoing, if Landlord makes any alterations pursuant to its rights under this Xxxxxxxxx 00, Xxxxxxxx agrees that such events a reasonable per-alterations shall not unreasonably interfere with Tenant’s use setupof, breakdown and cleaning feeor access to, and no other usage feethe Premises.

Building Amenities. The Common Areas shall contain Provided Tenant leases and occupies at least fifty-four thousand three hundred and seventy-two (54,372) rentable square feet in the following for the nonexclusive use Building, Landlord agrees to maintain a cafeteria, a conference center, and enjoyment of Tenant and Tenant’s employees, in common with others: (a) a fitness center, initially equipped room with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker facilities, including showers; (c) a secure area for the storage and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology showers (collectively, the “"Amenities”)") of substantially the same quality as presently existing in the Building. Further and provided Tenant (or a Permitted Transferee) leases and occupies at least fifty-four thousand three hundred and seventy-two (54,372) rentable square feet in the Building, Landlord agrees to arrange for the operation of a coffee shop in the Building (the "Coffee Shop") offering "Starbucks" or, if "Starbucks" is not reasonably available, a comparably branded coffee selected by Landlord (or an operator selected and reasonably approved by Tenant) commencing not later than March 1, 2015, and upon commencement of operations such Coffee Shop shall be included in the Landlord) shall operate definition of Amenities. Such Amenities to be available to Tenant in common with others entitled to the use thereof, throughout the Initial Term hereof, and maintain so long thereafter as the Amenities on business days, during such hours as are reasonably determined by Landlord, in a first-class manner. The Amenities same may be unavailable from time available to time on a temporary basis due to construction activities, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by Landlord for such facility (if any), and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by tenants of the Building generally, subject to closures as necessitated by emergency, casualty or Propertytaking or as necessary for performance of maintenance, repairs or alterations, and with respect to the cafeteria and Coffee Shop, subject to closure in which case any the event the contract of such facilities the then operator of the cafeteria and/or Coffee Shop either expires or is terminated so as to permit Landlord time to locate and contract with a replacement operator. Further, the use of the conference center shall be subject to discontinuance availability and removal by prior scheduling with Landlord, as determined by . Landlord in its reasonable discretion. The Amenities shall be subject to (a) Landlord’s Rules and Regulations regarding may condition the use thereof; and (b) execution of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the fitness center, and shall be limited room on the execution of a reasonable waiver form for the benefit of Landlord by persons desiring to use by Building occupants, employees, the same and their guests. Tenant, Tenant acknowledges and other tenants in the Building, may reserve the lounge for exclusive use for special events consistent with agrees that Landlord shall have no obligation to provide any personnel to monitor the use of similar spaces in first-class laboratory buildings in Cambridge on a first-come, first-serve basis with at least thirty (30) days’ prior notice to Landlordthe fitness room. Landlord shall use reasonable efforts may relocate the Amenities to accommodate Tenant’s requests with respect to its use other locations of the loungeBuilding at any time provided there is no material and adverse diminution in the quality or capacity of such Amenities. Tenant EXECUTED in two or more counterpm1s each of which shall pay be deemed to be an original. A certain parcel ofland located in the City of Waltham, in the County of Middlesex and the Commonwealth of Massachusetts bounded and described as Additional Rent with respect to Tenant’s use follows: Beginning at a point on the westerly line of Fourth Avenue markeii by a stone bound and being the northeastern xxxxx of the lounge for any such events parcel described; thence Southwesterly and curving to the right along the arc of a reasonable per-use setup, breakdown and cleaning fee, curve having a radius of sixteen and no other usage fee.hundredths feet ( 16.00'), a length of sixteen and sixty­ threc hundredths feet (16.63') by the westerly line of Fourth Avenue to a point; thence Southwesterly and curving to the left along the arc of a curve having a radius of sixty and no hundredths feet (60.00'), a length of seventy-eight and fifty-six hundredths feet (78.56') by the westerly line ofFourth Avenue to a point; thence S 40° 11'12" W a distance of fifty-eight and forty-three hundredths feet (58.43') to a point; thence Southwesterly and curving to the left along the arc of a curve having a radius of two hundred ten and no hundredths feet (210.00'), a length of one hundred fifty and seventy-nine hundredths feel (150.79') to a point; thence S I 0°01'24" W a distance of three hundred thirty-eight and thirty hundredths feet (338.30') to a point; thence

Building Amenities. The Common Areas shall contain the following for the nonexclusive use and enjoyment of Tenant and Tenant’s employees, in common with others: (a) a fitness center, initially equipped with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker facilities, including showers; (c) a secure area for the storage and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology (collectively, the “Amenities”). Landlord (or an operator selected by the Landlord) shall operate and maintain the Amenities on business days, during such hours as are reasonably determined by Landlord, in a first-class manner. The Amenities may be unavailable from time to time on a temporary basis due to construction activities, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator managing or operating company hired by Landlord for such facility (if any)Landlord, and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by tenants of the Building or Property, in which case any of such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its reasonable discretion. The Amenities shall be subject to (a) Landlord’s Rules and Regulations regarding the use thereof; and (b) execution of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the fitness center, and shall be limited to use by Building occupants, employees, and their guests. Tenant, and other tenants in the Building, may reserve the lounge for exclusive use for special events consistent with the use of similar spaces in first-class laboratory buildings in Cambridge on a first-come, first-serve basis with at least thirty (30) days’ prior notice to Landlord. Landlord shall use reasonable efforts to accommodate Tenant’s requests with respect to its use of the lounge. Tenant shall pay as Additional Rent with respect to Tenant’s use of the lounge for any such events a reasonable per-use setup, breakdown and cleaning fee, and no other usage fee.

Building Amenities. The Common Areas shall contain (A) Landlord shall, as part of the following for the nonexclusive use Base Building Work, initially construct, fixture and enjoyment of Tenant and Tenant’s employees, in common with others: (a) furnish a fitness conference center, initially equipped full-service cafeteria serving breakfast and lunch (to be operated by Rebecca’s or an operator of similar quality) and a building fitness center with fitness machines full men’s and subject to future changes in equipment based on use women’s locker rooms, restrooms and fitness trends for similar facilities; showers (b) male each an “Amenity” and female locker facilities, including showers; (c) a secure area for the storage and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology (collectively, the “Amenities”). Landlord (or an operator selected by the Landlord) shall operate and maintain the Amenities on business days, during such hours as are reasonably determined by Landlord, in a first-class manner. The Amenities may be unavailable from time to time on a temporary basis due to construction activities, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by Landlord for such facility (if any), and Landlord reserves Tenant shall have the right to change the use such Amenities, free of such facilities if the same is uneconomic or insufficiently used by charge, in common with other tenants of the Building or Propertyentitled to use thereof throughout the Term hereof. The finishes and equipment for the fitness facility will be of similar quality to other fitness centers built and managed by Boston Properties in its other suburban assets (i.e. 230 CityPoint, Waltham-Weston Corporate Center). Landlord shall institute and administer a scheduling procedure for use of the conference center by tenants in which case any the Building. During the Term, Landlord shall repair, maintain, insure and clean the Amenities consistent the level of repair, maintenance, insurance and cleaning of similar amenities in other first class multi-tenant office buildings in the Market Area. (B) So long as Tenant directly leases and occupies at least 100,000 square feet of rentable floor area in the Building, Landlord shall consult with Tenant in good faith regarding the initial selection of, as well as the ongoing contract with, the cafeteria operator; provided, however, that the final decision as to all matters regarding the selection of and contract with such facilities cafeteria operator shall be subject to discontinuance and removal by Landlord, as determined made by Landlord in its reasonable discretion. The . (C) So long as Tenant directly leases and occupies (together with its Permitted Occupants and approved and permitted subtenants) at least sixty percent (60%) of the Total Rentable Floor Area of the Building, Landlord shall not make any material changes to or discontinue operation of the Amenities without Tenant’s prior written consent, which consent shall be subject to in Tenant’s reasonable discretion. Notwithstanding the foregoing, so long as Tenant directly leases and occupies (atogether with its Permitted Occupants and approved and permitted subtenants) Landlord’s Rules and Regulations regarding the use thereof; and (b) execution at least 70,000 square feet of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the fitness center, and shall be limited to use by Building occupants, employees, and their guests. Tenant, and other tenants rentable floor area in the Building, may reserve Landlord shall not (i) change and/or discontinue the lounge for exclusive use for special events consistent with Building fitness center or (ii) modify the use of similar spaces food service in firstthe cafeteria so that it serves only pre-class laboratory buildings made foods, without Tenant’s prior written consent, which consent shall be in Cambridge on a first-comeTenant’s reasonable discretion. (D) Tenant shall have the right, first-serve basis with at least thirty (30) days’ prior notice its sole cost and expense and subject to Landlord. Landlord shall use ’s reasonable efforts approval as to accommodate Tenant’s requests with respect location and décor elements, to its use install, decorate and maintain a holiday tree in the main lobby of the lounge. Tenant shall pay as Additional Rent with respect to TenantBuilding from the day after Thanksgiving through New Year’s use of the lounge for any such events a reasonable per-use setup, breakdown and cleaning fee, and no other usage feeDay.

Building Amenities. The Common Areas (A) Landlord shall, as part of the Base Building Work, initially construct, fixture and furnish a conference center, full-service cafeteria serving breakfast and lunch (to be operated by Rebecca's or an operator of similar quality) and a building fitness center with full men's and women's locker rooms, restrooms and showers (each an "Amenity" and collectively, the "Amenities"), and Tenant shall contain have the following for the nonexclusive right to use and enjoyment such Amenities, free of Tenant and Tenant’s employeescharge, in common with others: (a) a fitness center, initially equipped with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker facilities, including showers; (c) a secure area for the storage and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology (collectively, the “Amenities”). Landlord (or an operator selected by the Landlord) shall operate and maintain the Amenities on business days, during such hours as are reasonably determined by Landlord, in a first-class manner. The Amenities may be unavailable from time to time on a temporary basis due to construction activities, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by Landlord for such facility (if any), and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by other tenants of the Building or Propertyentitled to use thereof throughout the Term hereof. The finishes and equipment for the fitness facility will be of similar quality to other fitness centers built and managed by Boston Properties in its other suburban assets (i.e. 230 CityPoint, Waltham-Weston Corporate Center). Landlord shall institute and administer a scheduling procedure for use of the conference center by tenants in which case any the Building. During the Term, Landlord shall repair, maintain, insure and clean the Amenities consistent the level of repair, maintenance, insurance and cleaning of similar amenities in other first class multi-tenant office buildings in the Market Area. (B) So long as Tenant directly leases and occupies at least l 00,000 square feet of rentable floor area in the Building, Landlord shall consult with Tenant in good faith regarding the initial selection of, as well as the ongoing contract with, the cafeteria operator; provided, however, that the final decision as to all matters regardi ng the selection of and contract with such facilities cafeteria operator shall be subject to discontinuance and removal by Landlord, as determined made by Landlord in its reasonable discretion. The . (C) So long as Tenant directly leases and occupies (together with its Permitted Occupants and approved and permitted subtenants) at least sixty percent (60%) of the Total Rentable Floor Area of the Building, Landlord shall not make any material changes to or discontinue operation of the Amenities without Tenant's prior written consent, which consent shall be subject to in Tenant's reasonable discretion. Notwithstanding the foregoing, so long as Tenant directly leases and occupies (atogether with its Permitted Occupants and approved and permitted subtenants) Landlord’s Rules and Regulations regarding the use thereof; and (b) execution at least 70,000 square feet of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the fitness center, and shall be limited to use by Building occupants, employees, and their guests. Tenant, and other tenants rentable floor area in the Building, may reserve Landlord shall not (i) change and/or discontinue the lounge for exclusive use for special events consistent with Building fitness center or (ii) modify the use of similar spaces food service in firstthe cafeteria so that it serves only pre-class laboratory buildings made foods, without Tenant's prior written consent, which consent shall be in Cambridge on a first-comeTenant's reasonable discretion. (D) Tenant shall have the right, first-serve basis with at least thirty (30) days’ prior notice its sole cost and expense and subject to Landlord. Landlord shall use 's reasonable efforts approval as to accommodate Tenant’s requests with respect location and decor xxxxxxxx, to its use install, decorate and maintain a holiday tree in the main lobby of the lounge. Tenant shall pay as Additional Rent with respect to Tenant’s use of Building from the lounge for any such events a reasonable per-use setup, breakdown and cleaning fee, and no other usage feeday after Thanksgiving through New Year's Day.

Building Amenities. The Common Areas Subject to Force Majeure events, throughout the Term (including any renewals or extensions thereof), Landlord shall contain install and operate within the Building, for the benefit of Building tenants and occupants, the following for the nonexclusive use and enjoyment of Tenant and Tenant’s employees, in common with othersamenities: (a) a fitness center, initially equipped with fitness machines covered rideshare pick-up and subject to future changes in equipment based on use and fitness trends for similar facilitiesdrop-off point; (b) male bike storage and female locker facilities, including showerslockers; (c) a secure area for the storage an amenity center with meeting rooms and repair of bicyclesindoor and outdoor seating areas; and (d) fitness center; (e) rooftop outdoor and indoor seating and collaborative spaces, together with, an indoor and outdoor amenity center located on the 9th floor of the Building containing meeting spaces for up to 200 people and the provision of grab-and-go snacks and beverages (it being understood that Landlord or its operator of the amenity center may charge consumers for such food and beverages at such rates as it shall establish in its sole and absolute discretion and that such food service may be provided by vending machines offering fresh foods or substantially similar offerings and such vending machines may be in a lounge fully equipped with furniture and having a wireless connection network, subject to changes location in technology (collectively, the “Amenities”). Landlord (or an operator selected by the Landlord) shall operate and maintain the Amenities on business days, during such hours as are reasonably Building determined by Landlord, in a first-class manner. The Amenities may provided that such location must be unavailable from time to time on a temporary basis due to construction activities, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by common areas accessible to all tenants of the Building). Subject to Landlord’s construction, repair and maintenance activities occurring on the 9th floor and Force Majeure, Landlord for such facility (if any)shall maintain the 9th floor amenities, and failure to do so shall entitle Tenant a reduction in Base Rent of 15%, unless in mostly all Comparable Buildings similar amenities have been discontinued and the space re-purposed. In no event shall Tenant have any right to terminate this Lease if Landlord reserves fails to provide any of the amenities described in the immediately preceding sentence at any time during the Term. Notwithstanding anything apparently to the contrary contained herein, Landlord, in its sole and absolute discretion, shall have the right to change modify or suspend the use of such facilities if building amenities throughout the same is uneconomic or insufficiently used by tenants of the Building or Property, in which case any of such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its reasonable discretion. The Amenities shall be subject to (a) Landlord’s Rules and Regulations regarding the use thereof; and (b) execution of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the fitness center, and shall be limited to use by Building occupants, employees, and their guests. Tenant, and other tenants in the Building, may reserve the lounge for exclusive use for special events consistent with the use of similar spaces in first-class laboratory buildings in Cambridge on a first-come, first-serve basis with at least thirty (30) days’ prior notice to Landlord. Landlord shall use reasonable efforts to accommodate Tenant’s requests with respect to its use of the lounge. Tenant shall pay as Additional Rent with respect to Tenant’s use of the lounge for any such events a reasonable per-use setup, breakdown and cleaning fee, and no other usage feeTerm.

Building Amenities. The Common Areas shall contain the following for the nonexclusive use and enjoyment of Tenant and Tenant’s employees, in common with others: (a) a From time-to-time, and subject to this Section 8.6, Landlord may offer amenities in the Building, including by way of illustration only: fitness center, initially equipped with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker theatre conference or meeting facilities, showers, dry cleaning service, food service, including showersaccess to a food court, and bicycle parking (“Building Amenities”); provided, however, for so long as a Landlord Entity is an owner or master tenant of the Project (cor the west side of the Project), occupying in excess of two hundred thousand (200,000) rentable square feet, and provides any one or more Building Amenities to its employees, and provided that Tenant or any transferee under a secure area for transaction permitted under Section 17.10(b) occupies not less than one full floor of the storage west side of the Building, Landlord will offer such amenities to Tenant and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection networkits employees. To the extent such Building Amenities are offered, Tenant has the non-exclusive right to use the Building Amenities, subject to changes in technology the following terms and conditions: (collectively1) Only Tenant and its designated employees (whether classified as employees or independent contractors) and, to the extent expressly provided herein, invitees (“AmenitiesPermitted Users”). Landlord (or an operator selected by the Landlord) shall operate use the Building Amenities; provided, however, Permitted Users may include Tenants invitees and maintain the Amenities on business days, during such hours as are reasonably determined licensees when accompanied by LandlordTenant, in a firstthe theater, conference rooms, and all-class manner. The hands space and food service areas). (2) Use of the Building Amenities shall be subject to compliance with such policies and procedures as Landlord may be unavailable establish in its reasonable discretion from time to time regarding such use, including without limitation, policies relating to use of equipment located therein, hours of operation, conduct and dress requirements. (3) Landlord, in its reasonable discretion, may elect to: (i) require a written agreement and/or release from Permitted Users prior to their use of the Building Amenities, (ii) charge a reasonable fee for the Permitted Users’ use of the Building Amenities (which fee, if any, shall be determined on a temporary non-discriminatory basis due as to construction activitiesall occupants other than any Landlord Entity), repairs(iii) provide reasonable access controls to the Building Amenities, maintenance or alterations(iv) determine the hours of operation of the Building Amenities, and (v) include the costs and expenses to operate, clean, maintain, and manage the Building Amenities in Operating Expenses. (4) Landlord shall have the right, in its sole discretion, to change, add to, reduce, or a reasonable period in connection with a change discontinue the Building Amenities (or the use thereof), provided that Landlord provides to Tenant the same access and rights to use the Building Amenities as it provides to any other tenant in the operator hired by Landlord for such facility (if any)Building. Notwithstanding the foregoing, and Landlord reserves the right to change disallow the use of such facilities if the same is uneconomic Building Amenities to any person, including any Permitted User, who, in Landlord’s opinion, has or insufficiently used will misuse the Building Amenities, including abusing the use of Amenities (for example by tenants ordering or picking up food for others or for off premises consumption). (5) Tenant acknowledges and agrees that use of the Building or PropertyAmenities by Permitted Users is voluntary and, in which case any consideration of such facilities the use of the Building Amenities, shall be subject to discontinuance undertaken at Permitted Users’ sole risk, and removal by Landlord, as determined by Landlord in its reasonable discretion. The that any Claims arising out of or connected with Permitted Users’ use of the Building Amenities shall be subject to Sections 16.1 and 16.2 of this Lease. (a6) Building Amenities are provided on a strictly “first come, first served” basis along with other occupants of the Building (including Landlord) and any interruption, diminishment or discontinuation of Building Amenities shall not entitle Tenant to any reduction or abatement of rent, constitute an actual or constructive eviction of Tenant, result in any liability of Landlord to Tenant, or in any other way affect this Lease or Tenant’s Rules and Regulations regarding the use thereof; and obligations hereunder. (b) execution of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use Without limiting the generality of the fitness centerforegoing, subject to the terms of this Section 8.6, Landlord shall provide access to, and shall be limited to use by Building occupants, employees, and their guests. Tenant, and other tenants in the Building, may reserve the lounge for exclusive use for special events consistent with the use of similar spaces in first-class laboratory buildings in Cambridge on of, common food court and coffee bar service to Tenant and its invitees as a first-come, first-serve basis with at least thirty (30) days’ prior notice to Landlord. Landlord shall use reasonable efforts to accommodate Tenant’s requests with respect to its use of the lounge. Tenant shall pay as Additional Rent with respect to Building Amenity; provided that Tenant’s use of the lounge common food court and coffee bar service shall be subject to the following additional conditions: (1) Tenant shall utilize and pay for the common food court and coffee bar service for all employees (whether classified as employees or independent contractors) regularly occupying the Premises at the then-prevailing rate (which is currently $15.00, per day, per person, and which Landlord may change upon 30 days’ prior written notice to Tenant) so long as such service is offered by Landlord; (2) on the first day of each month during such periods, Tenant shall provide Landlord a total head count of all employees, whether classified as employees or independent contractors (by name and total head count), that are regularly occupying the Premises, which will be used to calculate the total charges owed by Tenant for the common food court and coffee bar service; (3) Landlord shall invoice Tenant monthly in advance for all common food court and coffee bar service charges and Tenant shall pay such invoices within 10 days of invoicing, which charges shall not be deemed Rent for purposes of this Lease; (4) certain areas of the food court may be designated for Landlord Entity usage only and that Landlord may close the food court on a temporary basis, with prior written notice to Tenant, for Landlord Entity events; (5) Landlord shall have the right to review and audit Tenant's records to verify Tenant s head count and the charges due in connection with the common food court and coffee bar service; and (6) Landlord may invoice Tenant for any underpayment of charges due hereunder following such events audit. (c) Notwithstanding anything to the contrary in this Section 8.6, if the named Landlord or a reasonable per-use setupLandlord Entity of said Landlord (i) sells its interest in the Project (or the west side of the Project), breakdown and cleaning fee(ii) vacates the west side of the Project, and no other usage feediscontinues the common food court and coffee bar service, the Base Annual Rent payable under this Lease for the remainder of the then current Term shall be reduced by $2.00 per RSF.

Building Amenities. The Common Areas Subject to this Section 8.12, Landlord shall contain continue to offer the following for amenities which are currently being offered in the nonexclusive use and enjoyment of Tenant and Tenant’s employees, in common with othersBuilding: (a) a fitness center, initially equipped with fitness machines and subject to future changes in equipment based on use and fitness trends for similar facilities; (b) male and female locker showers, theatre conference or meeting facilities, including showers; (c) a secure area for the storage all-hands space, dry cleaning service, and repair of bicycles; and (d) a lounge fully equipped with furniture and having a wireless connection network, subject to changes in technology bicycle parking (collectively, the “Building Amenities”). Landlord Tenant shall have the non-exclusive right to use the Building Amenities, subject to the following terms and conditions: (a) Only tenants and their designated employees (whether classified as employees or an operator selected by independent contractors) and, to the Landlordextent expressly provided herein, invitees (collectively, the “Permitted Users”) shall operate use the Building Amenities; provided, however, Permitted Users may include a tenant’s invitees and maintain the Amenities on business days, during licensees when accompanied by such hours as are reasonably determined by Landlordtenant, in a first-class manner. The Amenities may be unavailable from time to time on a temporary basis due to construction activitiesthe theater, repairs, maintenance or alterations, or a reasonable period in connection with a change in the operator hired by Landlord for such facility (if any)conference rooms, and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by tenants all-hands space areas. (b) Use of the Building or Property, in which case any of such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its reasonable discretion. The Amenities shall be subject to compliance with such policies and procedures as Landlord may establish in its reasonable discretion from time to time regarding such use, including without limitation, policies relating to use of equipment located therein, hours of operation, conduct and dress requirements. (ac) Landlord’s Rules and Regulations regarding the use thereof; and , in its reasonable discretion, may elect to: (bi) execution of require a waiver of liability and indemnity written agreement for Landlord’s benefit in form and substance satisfactory to Landlord and/or release from Permitted Users prior to such person’s their use of the fitness centerBuilding Amenities, (ii) charge a reasonable fee for the Permitted Users’ use of certain of the Building Amenities (which fee, if any, shall be determined on a non-discriminatory basis as to all occupants of the Project), (iii) provide reasonable access controls to the Building Amenities, (iv) determine the hours of operation of the Building Amenities, and shall be limited (v) include the costs and expenses to use by Building occupantsoperate, employeesclean, maintain, and their guests. Tenantmanage the Building Amenities in Operating Expenses. (d) Tenant acknowledges and agrees that use of the Building Amenities by its Permitted Users is voluntary and, and other tenants in the Building, may reserve the lounge for exclusive use for special events consistent with consideration of the use of similar spaces in first-class laboratory buildings in Cambridge the Building Amenities, shall be undertaken at such Permitted Users’ sole risk, and that any Claims arising out of or connected with such Permitted Users’ use of the Building Amenities shall be subject to Sections 16.1 and 16.2 of this Lease. (e) Building Amenities consisting of any fitness center and/or showers shall be provided on a first-strictly “first come, firstfirst served” basis along with other occupants of the Building. For the Building Amenities consisting of the theatre conference or meeting facilities and all-serve hands space, Tenant shall have a first priority right to use such Building Amenities, subject, however, to Superior Rights, if any, and if such Building Amenities are not scheduled to be used by Tenant, the Building Amenities shall be provided on a “first come, first served” basis to Tenant along with at least other occupants of the Building. To exercise Tenant’s first priority right to use such Building Amenities, Tenant shall have the option to reserve (i) the all-hands space for a total of twelve (12) days in any calendar year by delivering written notice to Landlord by January 15th of such year, and (ii) the all-hands space and the theater conference facilities for three (3) days in any calendar quarter by delivering written notice to Landlord within ten (10) days of the start of such calendar quarter. To the extent Tenant exercises its first priority right to schedule use of the Building Amenities in excess of thirty (30) days’ days prior notice to Landlord. such use, Tenant shall provide confirmation of its intended use of such Building Amenities to Landlord within thirty (30) days of such use. (f) Any interruption of Building Amenities shall not entitle Tenant to any reduction or abatement of rent, constitute an actual or constructive eviction of Tenant, result in any liability of Landlord to Tenant, or in any other way affect this Lease or Txxxxx’s obligations hereunder. (g) Landlord shall use reasonable efforts be permitted, but in no events required, to accommodate Tenant’s requests with respect to its expand the square footage allocated for use of the lounge. Tenant shall pay Building Amenities as Additional Rent with respect to Tenant’s use of the lounge for any such events a reasonable per-use setup, breakdown and cleaning fee, and no other usage feeLease Date.