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 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 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 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 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 [signatures on next page] EXECUTED in two or more counterpm1s each of which shall pay be deemed to be an original. 77 CityPoint EXHIBIT A DESCRIPTION OF SITE 00 Xxxxxx Xxxxxx fParcel 20) LEGAL DESCRIPTION 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