Common use of Cafeteria Clause in Contracts

Cafeteria. Tenant shall have no access or permit to use the existing cafeteria (“Landlord’s Cafeteria”) located in the Building, other than as provided in subsection (c) below. (a) Landlord shall provide to Tenant the contact information used by Landlord to procure food service to the Landlord’s Cafeteria. Tenant may arrange to have food service delivered to the Premises from the vendor used by Landlord or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive such deliveries at the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 and 25; provided, however, Landlord shall have no obligation to receive food service deliveries on Tenant’s behalf after Tenant’s Cafeteria (as defined below) has been constructed and tendered to Tenant for Tenant’s operation and use. (b) Landlord shall promptly commence construction of a 400 sq. ft. cafeteria as depicted on Exhibit F attached hereto, and in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”). Tenant shall pay Landlord $100,000.00 in the manner provided hereafter for Landlord’s work in constructing Tenant’s Cafeteria. Tenant shall pay to Landlord an initial amount of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria to Tenant, Tenant’s Cafeteria shall automatically become a part of the Premises without need of any further action on the part of Landlord or Tenant, and Tenant shall pay as Additional Rent $20.00 per sq. ft., annually for rental of Tenant’s Cafeteria. Also, upon completion and delivery to Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a five (5) year period. If the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five (5) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same rules, regulations and customary practices with regard to the use of Landlord’s Cafeteria as are consistently applied to and observed by Landlord’s employees. Landlord shall not be liable to Tenant for any loss, injury or other damage to Tenant or Tenant’s employees from any cause arising out of Tenant or Tenant’s employees’ use of or presence in the confines of Landlord’s Cafeteria and Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion and delivery of Tenant’s Cafeteria to Tenant for Tenant’s use and operation.

Cafeteria. Tenant The parties acknowledge that a food service is or shall have no access be provided in the lower level of the Building. The parties further acknowledge that, although the existing food service facility in the Building will be in place at the Commencement Date, shortly thereafter Landlord will be relocating the food service facility to the lower level of the Building (the “Food Service Relocation”). Landlord estimates that the Food Service Relocation will take approximately six (6) weeks (which time period may be further extended as a result of delays in Landlord obtaining all required governmental and/or municipal inspections, approvals, authorizations or permit consents, including, without limitation, any required inspections by and authorizations from the Department of Health, although Landlord agrees to use reasonable diligent in obtaining same), during which period there will be no food service facility in the existing cafeteria Building. Notwithstanding the foregoing, Landlord agrees that during the Food Service Relocation, it will arrange for limited food service to be available at the Building (i.e., prepared foods, such as sandwiches and beverages sold by food service personnel, not served from a vending machine). Once the Food Service Relocation is completed, Landlord agrees that the service provided in the food service facility shall be similar in quality to that which is offered in similar Class “Landlord’s Cafeteria”) located A” office buildings. For so much of the Term as such food service is provided in the Building, other than as provided in subsection (c) below. (a) Landlord shall provide to Tenant the contact information used by Landlord to procure food service to the Landlord’s Cafeteria. Tenant may arrange to have food service delivered to the Premises from the vendor used by Landlord or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive such deliveries at invite its principals and employees to use same for the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 purchase and 25; provided, however, Landlord shall have no obligation to receive consumption of food service deliveries on Tenant’s behalf after Tenant’s Cafeteria (as defined below) has been constructed and tendered to Tenant beverages offered for Tenant’s operation and use. (b) Landlord shall promptly commence construction of a 400 sq. ft. cafeteria as depicted on Exhibit F attached hereto, and in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”)sale. Tenant shall pay Landlord $100,000.00 in the manner provided hereafter or reimburse Landlord, on a monthly basis, for Landlord’s work in constructing Tenant’s CafeteriaProportionate Share of any subsidy provided by Landlord to the food service operator, but in no event shall Tenant’s Proportionate Share of the subsidy exceed $15,000.00 per annum. Tenant shall pay also have the right to use the food service area from time to time and at any time after 3:00 p.m on weekdays for the hosting of business events or functions so long as (a) Tenant provides Landlord an initial amount of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria to Tenant, Tenant’s Cafeteria shall automatically become a part with reasonable prior notice of the Premises without need date, time and nature of such events or functions, (b) Tenant reimburses Landlord, on demand, for any further action on additional cost or expense actually incurred by Landlord in connection with such events or functions (e.g., security services, cleaning services, etc.), and (c) Tenant enters into such agreements for such use of the part food service area as Landlord and the food service provider may reasonably request. The use of the food service shall be subject to the reasonable rules and regulations of Landlord and/or the operator of the food service now or Tenanthereafter imposed. Notwithstanding anything to the contrary contained in this Paragraph, if the food service opens for business and subsequently closes, either temporarily or permanently, there shall be no abatement or diminution of Rent and Tenant shall pay as Additional Rent $20.00 per sq. ft.in no event be relieved from any of its obligations under this lease, annually for rental of Tenant’s Cafeteria. Also, upon completion and delivery to except that Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a five (5) year period. If the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five (5) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same rules, regulations and customary practices with regard to the use of Landlord’s Cafeteria as are consistently applied to and observed by Landlord’s employees. Landlord shall not be liable required to Tenant for any loss, injury or other damage to Tenant or pay Tenant’s employees from any cause arising out Proportionate Share of Tenant or Tenant’s employees’ use of or presence the food service subsidy for the period in which the food service is not operational. Further, in the confines of Landlord’s Cafeteria and event there is no food service in the Building for thirty (30) or more consecutive days, Landlord shall provide Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as with a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord revocable license to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion the food service area so that Tenant can provide its own licensed and delivery reputable food service operator for the purpose of Tenant’s Cafeteria to Tenant for Tenant’s use and operationproviding food service in the lower level of the Building.

Cafeteria. Tenant The parties acknowledge that a food service is or shall have no access be provided in the lower level of the Building. The parties further acknowledge that, although the existing food service facility in the Building will be in place at the Commencement Date, shortly thereafter Landlord will be relocating the food service facility to the lower level of the Building (the "Food Service Relocation"). Landlord estimates that the Food Service Relocation will take approximately six (6) weeks (which time period may be further extended as a result of delays in Landlord obtaining all required governmental and/or municipal inspections, approvals, authorizations or permit consents, including, without limitation, any required inspections by and authorizations from the Department of Health, although Landlord agrees to use reasonable diligent in obtaining same), during which period there will be no food service facility in the existing cafeteria Building. Notwithstanding the foregoing, Landlord agrees that during the Food Service Relocation, it will arrange for limited food service to be available at the Building (“Landlord’s Cafeteria”) located i.e., prepared foods, such as sandwiches and beverages sold by food service personnel, not served from a vending machine). Once the Food Service Relocation is completed, Landlord agrees that the service provided in the food service facility shall be similar in quality to that which is offered in similar Class "A" office buildings. For so much of the Term as such food service is provided in the Building, other than as provided in subsection (c) below. (a) Landlord shall provide to Tenant the contact information used by Landlord to procure food service to the Landlord’s Cafeteria. Tenant may arrange to have food service delivered to the Premises from the vendor used by Landlord or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive such deliveries at invite its principals and employees to use same for the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 purchase and 25; provided, however, Landlord shall have no obligation to receive consumption of food service deliveries on Tenant’s behalf after Tenant’s Cafeteria (as defined below) has been constructed and tendered to Tenant beverages offered for Tenant’s operation and use. (b) Landlord shall promptly commence construction of a 400 sq. ft. cafeteria as depicted on Exhibit F attached hereto, and in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”)sale. Tenant shall pay or reimburse Landlord, on a monthly basis, for Tenant's Proportionate Share of any subsidy provided by Landlord to the food service operator, but in no event shall Tenant's Proportionate Share of the subsidy exceed $100,000.00 in the manner provided hereafter for Landlord’s work in constructing Tenant’s Cafeteria15,000.00 per annum. Tenant shall pay also have the right to use the food service area from time to time and at any time after 3:00p.m on weekdays for the hosting of business events or functions so long as (a) Tenant provides Landlord an initial amount of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria to Tenant, Tenant’s Cafeteria shall automatically become a part with reasonable prior notice of the Premises without need date, time and nature of such events or functions, (b) Tenant reimburses Landlord, on demand, for any further action on additional cost or expense actually incurred by Landlord in connection with such events or functions (e.g., security services, cleaning services, etc.), and (c) Tenant enters into such agreements for such use of the part food service area as Landlord and the food service provider may reasonably request. The use of the food service shall be subject to the reasonable rules and regulations of Landlord and/or the operator of the food service now or Tenanthereafter imposed. Notwithstanding anything to the contrary contained in this Paragraph, if the food service opens for business and subsequently closes, either temporarily or permanently, there shall be no abatement or diminution of Rent and Tenant shall pay as Additional Rent $20.00 per sq. ft.in no event be relieved from any of its obligations under this lease, annually for rental of Tenant’s Cafeteria. Also, upon completion and delivery to except that Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a five (5) year period. If the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five (5) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same rules, regulations and customary practices with regard to the use of Landlord’s Cafeteria as are consistently applied to and observed by Landlord’s employees. Landlord shall not be liable required to Tenant pay Tenant's Proportionate Share of the food service subsidy for any lossthe period in which the food service is not operational. Further, injury or other damage to Tenant or Tenant’s employees from any cause arising out of Tenant or Tenant’s employees’ use of or presence in the confines of Landlord’s Cafeteria and event there is no food service in the Building for thirty (30) or more consecutive days, Landlord shall provide Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as with a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord revocable license to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion the food service area so that Tenant can provide its own licensed and delivery reputable food service operator for the purpose of Tenant’s Cafeteria to Tenant for Tenant’s use and operationproviding food service in the lower level of the Building.

Cafeteria. Tenant The parties acknowledge that a food service is or shall have no access be provided in the lower level of the Building. The parties further acknowledge that, although the existing food service facility in the Building will be in place the Commencement Date, shortly thereafter Landlord will be relocating the food service facility to the lower level of the Building (the “Food Service Relocation”). Landlord estimates that the Food Service Relocation will take approximately six (6) weeks (which time period may be further extended as a result of delays in Landlord obtaining all required governmental and/or municipal inspections, approvals, authorizations or permit consents, including, without limitation, any required inspections by and authorizations from the Department of Health, although Landlord agrees to use reasonable diligent in obtaining same), during which period there will be no food service facility in the existing cafeteria Building. Notwithstanding the foregoing, Landlord agrees that during the Food Service Relocation, it will arrange for limited food service to be available at the Building (i.e., prepared foods, such as sandwiches and beverages sold by food service personnel, not served from a vending machine). Once the Food Service Relocation is completed, Landlord agrees that the service provided in the food service facility shall be similar in quality to that which is offered in similar Class “Landlord’s Cafeteria”) located A” office buildings. For so much of the Term as such food service is provided in the Building, other than as provided in subsection (c) below. (a) Landlord shall provide to Tenant the contact information used by Landlord to procure food service to the Landlord’s Cafeteria. Tenant may arrange to have food service delivered to the Premises from the vendor used by Landlord or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive such deliveries at invite its principals and employees to use same for the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 purchase and 25; provided, however, Landlord shall have no obligation to receive consumption of food service deliveries on Tenant’s behalf after Tenant’s Cafeteria (as defined below) has been constructed and tendered to Tenant beverages offered for Tenant’s operation and use. (b) Landlord shall promptly commence construction of a 400 sq. ft. cafeteria as depicted on Exhibit F attached hereto, and in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”)sale. Tenant shall pay Landlord $100,000.00 in the manner provided hereafter or reimburse Landlord, on a monthly basis, for Landlord’s work in constructing Tenant’s CafeteriaProportionate Share of any subsidy provided by Landlord to the food service operator, but in no event shall Tenant’s Proportionate Share of the subsidy exceed $15,000.00 per annum. Tenant shall pay also have the right to use the food service area from time to time and at any time after 3:00 p.m on weekdays for the hosting of business events or functions so long as (a) Tenant provides Landlord an initial amount of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria to Tenant, Tenant’s Cafeteria shall automatically become a part with reasonable prior notice of the Premises without need date, time and nature of such events or functions, (b) Tenant reimburses Landlord, on demand, for any further action on additional cost or expense actually incurred by Landlord in connection with such events or functions (e.g., security services, cleaning services, etc.), and (c) Tenant enters into such agreements for such use of the part food service area as Landlord and the food service provider may reasonably request. The use of the food service shall be subject to the reasonable rules and regulations of Landlord and/or the operator of the food service now or Tenanthereafter imposed. Notwithstanding anything to the contrary contained in this Paragraph, if the food service opens for business and subsequently closes, either temporarily or permanently, there shall be no abatement or diminution of Rent and Tenant shall pay as Additional Rent $20.00 per sq. ft.in no event be relieved from any of its obligations under this lease, annually for rental of Tenant’s Cafeteria. Also, upon completion and delivery to except that Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a five (5) year period. If the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five (5) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same rules, regulations and customary practices with regard to the use of Landlord’s Cafeteria as are consistently applied to and observed by Landlord’s employees. Landlord shall not be liable required to Tenant for any loss, injury or other damage to Tenant or pay Tenant’s employees from any cause arising out Proportionate Share of Tenant or Tenant’s employees’ use of or presence the food service subsidy for the period in which the food service is not operational. Further, in the confines of Landlord’s Cafeteria and event there is no food service in the Building for thirty (30) or more consecutive days, Landlord shall provide Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as with a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord revocable license to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion the food service area so that Tenant can provide its own licensed and delivery reputable food service operator for the purpose of Tenant’s Cafeteria to Tenant for Tenant’s use and operationproviding food service in the lower level of the Building.

Cafeteria. Tenant and its employees, contractors, visitors and consultants shall have no access or permit the right to use the existing cafeteria (“Landlord’s Cafeteria”the "CAFETERIA") located in the BuildingProject provided such parties shall be responsible for payment of all charges for meals and other items purchased at the Cafeteria. The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants shall be subject to compliance with the other than as provided provisions of this SECTION 1.4. A third party provider currently provides food and beverage service in subsection (c) below. (a) the Cafeteria. Subject to the last two sentences of this SUBSECTION 1.4.2, Landlord shall provide have the right to Tenant the contact information used by Landlord to procure food service to the Landlord’s Cafeteria. Tenant may arrange to have food service delivered to the Premises from the vendor used by Landlord discontinue or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive such deliveries at the Premiseschange cafeteria service, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 and 25; provided, however, Landlord shall have no obligation continue to receive provide cafeteria service substantially in its current form (including hot food service deliveries on Tenant’s behalf after Tenant’s Cafeteria (service) so long as defined below) has been constructed there are at least 500 employees working in Buildings 1, 2 and tendered to Tenant for Tenant’s operation 3, and use. (b) Landlord shall promptly commence construction use commercially reasonable efforts to continue to provide cafeteria service substantially in its current form so long as CYTYC has at least 400 employees working in Building 3 (even if there are fewer than 500 employees working in Buildings 1, 2 and 3). Subject to the foregoing, Landlord, in its reasonable discretion, may change the size, configuration or location of a 400 sqthe Cafeteria area. ft. In the event that Landlord has the right to discontinue cafeteria as depicted on Exhibit F attached hereto, and service in accordance with this SECTION 1.4.2, if Landlord is unable to locate an operator that will operate the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”). Tenant Cafeteria on terms acceptable to Landlord, in its reasonable business discretion, Landlord shall pay Landlord $100,000.00 have the right and option, in the manner provided hereafter for Landlord’s work in constructing Tenant’s Cafeteria. Tenant shall pay its sole discretion, to Landlord an initial amount of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria take any steps necessary to Tenantreduce or eliminate such costs, Tenant’s Cafeteria shall automatically become a part including, without limitation, modification or reduction of the Premises without need of any further action on food service, provided, however, (i) prior to discontinuing hot food service, Landlord shall discuss with Tenant other options for food service; and (ii) if Landlord discontinues cafeteria service during the part of Term, Landlord or Tenantshall provide an alternative fresh food (including breakfast items, sandwiches, and Tenant shall pay as Additional Rent $20.00 per sq. ft.salads, annually for rental of but not hot food) and vending service and a seating area or facility similar to that which currently exists at the Project sufficient to reasonably accommodate Tenant’s Cafeteria. Also, upon completion and delivery to Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a five (5) year period's employees located at the Project. If the Lease should terminate for any reason or expire without total cost of providing cafeteria service exceeds $100,000 per year, Landlord may discontinue cafeteria service (and, at Tenant’s election to extend the Term at any point 's request, Landlord will consider discontinuing such service), but prior to payment of the full five (5) year’s of amortization of the additional $50,000.00such change(s), the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have no obligation discuss with Tenant options to operate or furnish food services of any kind to Tenant’s Cafeteriareduce such costs. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same rules, regulations and customary practices with regard to the use of Landlord’s Cafeteria as are consistently applied to and observed by Landlord’s employees. Landlord shall not be liable to Tenant for any loss, injury or other damage to Tenant or Tenant’s employees from any cause arising out of Tenant or Tenant’s employees’ use of or presence in the confines of Landlord’s Cafeteria and Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion and delivery of Tenant’s Cafeteria to Tenant for Tenant’s use and operation.

Cafeteria. Tenant shall have no access or permit to use During the existing cafeteria (“Landlord’s Cafeteria”) located in the BuildingTerm, other than as provided in subsection (c) below. (a) Landlord shall provide (or shall cause its affiliate to) maintain the Cafeteria in substantially the same size and condition as exists as of the Commencement Date and shall use commercially reasonable efforts to retain food-service operators at the Cafeteria reasonably acceptable to tenants of the Project for breakfast and lunch service, but Landlord (or its affiliate providing such services) may discontinue food service on not less than 30 days advance notice in writing to Tenant (the contact information used by Landlord to procure “Cafeteria Closure Notice”), if such food service operations fail to the Landlord’s Cafeteriabe economically self-sufficient. Tenant may arrange Neither Landlord nor its affiliate is obligated to have food service delivered to the Premises from the vendor used by Landlord or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive subsidize such deliveries at the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 and 25service; provided, however, if a subsidy is necessary for food service operations to continue to be made available to occupants of the Project, Landlord shall have no obligation provide notice of the approximate amount necessary to receive subsidize the food service deliveries on operations at that time in the Cafeteria Closure Notice, and within 30 days following receipt of the Cafeteria Closure Notice, Tenant may elect to assume the Landlord’s food service operations with a food service operator reasonably acceptable to Landlord (and with services and prices reasonably acceptable to Landlord) at Tenant’s behalf after Tenant’s Cafeteria (as defined below) has been constructed sole cost and tendered to expense for any costs in excess of the revenues received by Tenant for Tenant’s operation and use. (b) Landlord shall promptly commence construction such operations. If Tenant does not elect to subsidize or assume the food service operations within such 30-day period following receipt of a 400 sq. ft. cafeteria as depicted on Exhibit F attached heretothe Cafeteria Closure Notice, then such food service operations may be terminated by Landlord, and the cafeteria shall be converted to a Common Area meeting space, which shall continue to be available to the tenants of the Project for meetings and events or Landlord may elect to subsidize the cafeteria services, in which case the subsidy will constitute an Operating Expense under this Lease to be allocated among tenants of the Project in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”)Pro Rata Share. Tenant shall pay Landlord $100,000.00 in the manner provided hereafter for Landlord’s work in constructing Tenant’s Cafeteria. Tenant shall pay to Landlord an initial amount Scheduling of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria to Tenant, Tenant’s Cafeteria shall automatically become a part use of the Premises without need of any further action on the part of Landlord or Tenant, and Tenant shall pay as Additional Rent $20.00 per sq. ft., annually for rental of Tenant’s Cafeteria. Also, upon completion and delivery to Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a five (5) year period. If the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five (5) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have cafeteria when no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same rules, regulations and customary practices with regard to the use of Landlord’s Cafeteria as are consistently applied to and observed service is operating will be managed by Landlord’s employees. Landlord shall not be liable to Tenant for any lossproperty manager in accordance with reasonable rules and regulations, injury or other damage to Tenant or Tenant’s employees from any cause arising out on a first-come, first-served reservation basis, with time and availability of Tenant or Tenant’s employees’ use equitably allocated among the tenants of or presence the Project in the confines of Landlord’s Cafeteria and Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion and delivery of Tenant’s Cafeteria to Tenant for Tenant’s use and operationproportion with their respective Pro Rata Shares.

Cafeteria. Landlord and Tenant acknowledge that Tenant, at Tenant's sole cost and expense, may desire to designate a portion of the Premises consisting of no more than 10,000 rentable square feet of space for the operation of a cafeteria (the "Cafeteria"), subject to receipt of all applicable governmental approvals and compliance with all Applicable Laws. To the extent that Tenant operates the cafeteria, such operation shall be in compliance with all Applicable Laws and Tenant shall have no access or permit obtain and maintain the approval of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to use operate the existing cafeteria (“Landlord’s Cafeteria”) located in . No cooking odors shall be emitted from the Building, Premises other than as provided through ventilation equipment and systems installed therein to service the cafeteria in subsection (c) below. (a) Landlord accordance with the provisions of this Section 5.4, and Tenant shall provide to Tenant the contact information used install all kitchen ventilation and exhaust equipment reasonably required by Landlord in order to procure prevent the emission of odors from the Premises, including, without limitation, installation of grease hood ventilation equipment including a fine pre-filter and activated charcoal filter or their equivalent and an electrostatic precipitator for grease ventilation. The Cafeteria shall be for the exclusive use of Tenant and Tenant's employees and invitees, and in connection with Tenant’s use of the Cafeteria, Tenant shall not sell any food service or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the Landlord’s Cafeteriageneral public. Tenant may arrange Prior to have food service delivered making any alterations or improvements to the Premises from and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the vendor used Premises with respect to the cafeteria (collectively, the "Cafeteria Facilities"), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld, but Landlord may 4000-0000-0000.5 391174.00001/5-24-21//mem -20- XXXXXX XXXXX [Turning Point Therapeutics] withhold its consent with respect to any conduits, ducting or similar items that exit the Premises based on aesthetics, noise, vibration or smell concerns, and the routing of any such conduits, ducting or similar items that exit the Premises shall be subject to Landlord's approval in its reasonable discretion, detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive such deliveries at the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 such plans and 25; providedspecifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, howeverall of the Cafeteria Facilities shall be installed by Tenant, Landlord at its expense, subject to and in compliance with the provisions of Article 8 below and shall have no obligation to receive food service deliveries on Tenant’s behalf after Tenant’s Cafeteria be considered an Alteration (as defined below) has been constructed or as a Tenant Improvement pursuant to the terms of the Tenant Work Letter. The Cafeteria and tendered to Tenant for the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s operation expense: (i) in first-class order, condition and use. repair; (bii) consistent with First Class Life Sciences Projects; and (iii) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord shall promptly commence construction of a 400 sq. ft. cafeteria as depicted on Exhibit F attached heretofrom time to time, and in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”). Tenant shall pay Landlord $100,000.00 in the manner provided hereafter for Landlord’s work in constructing Tenant’s Cafeteria. Tenant shall pay to Landlord an initial amount of $50,000.00 upon execution other provisions of this Lease. Upon completion Tenant shall have the sole responsibility, at its expense, for providing all janitorial service (including wet and delivery dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Building or Project resulting from Tenant’s Cafeteria operation of the cafeteria, or in connection with any trash pick-up increases at the Building due to Tenant, Tenant’s Cafeteria shall automatically become a part 's operation of the Premises without need of any further action on the part of Landlord or TenantCafeteria. In addition, and Tenant shall pay as Additional Rent $20.00 per sq. ft.for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, annually for rental operation, maintenance and repair of the Building resulting from Tenant’s Cafeteria. Also, upon completion and delivery to Tenant operation of Tenant’s the Cafeteria, within thirty (30) days of receiving an invoice therefor. All such cleaning and janitorial service shall be performed by Tenant (i) in a first-class manner consistent with First Class Life Sciences Projects, and (ii) by such personnel and vendors who shall commence payment of an additional $50,000.00(A) be reasonably approved by Landlord, amortized monthly over a five (5B) year period. If not create labor disharmony at the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five Building, and (5C) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord abide by Tenant. Landlord shall have no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same reasonable rules, regulations and customary practices with regard procedures in connection therewith. Notwithstanding anything set forth in this Lease or the Tenant Work Letter to the use contrary, Landlord shall have the right, by written notice to Tenant at the time Landlord approved the “Final Working drawings,” as that term is defined in the Tenant Work Letter, to require Tenant, at Tenant's expense, to remove the Cafeteria and Cafeteria Facilities and to repair any damage to the Premises and Building and return the affected portion of Landlord’s the Premises to the condition existing prior to the installation of such Cafeteria and Cafeteria Facilities as are consistently applied to and observed reasonably determined by Landlord’s employees. Landlord shall not be liable to Tenant for any loss, injury or other damage to Tenant or Tenant’s employees from any cause arising out of Tenant or Tenant’s employees’ use of or presence in the confines of Landlord’s Cafeteria and Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion and delivery of Tenant’s Cafeteria to Tenant for Tenant’s use and operation.

Cafeteria. Tenant The parties acknowledge that a food service is or shall have no access be provided in the lower level of the Building. The parties further acknowledge that, although the existing food service facility in the Building will be in place at the Commencement Date, shortly thereafter Landlord will be relocating the food service facility to the lower level of the Building (the "Food Service Relocation"). Landlord estimates that the Food Service Relocation will take approximately six (6) weeks (which time period may be further extended as a result of delays in Landlord obtaining all required governmental and/or municipal inspections, approvals, authorizations or permit consents, including, without limitation, any required inspections by and authorizations from the Department of Health, although Landlord agrees to use reasonable diligent in obtaining same), during which period there will be no food service facility in the existing cafeteria Building. Notwithstanding the foregoing, Landlord agrees that during the Food Service Relocation, it will arrange for limited food service to be available at the Building (“Landlord’s Cafeteria”) located i.e., prepared foods, such as sandwiches and beverages sold by food service personnel, not served from a vending machine). Once the Food Service Relocation is completed, Landlord agrees that the service provided in the food service facility shall be similar in quality to that which is offered in similar Class "A" office buildings. For so much of the Term as such food service is provided in the Building, other than as provided in subsection (c) below. (a) Landlord shall provide to Tenant the contact information used by Landlord to procure food service to the Landlord’s Cafeteria. Tenant may arrange to have food service delivered to the Premises from the vendor used by Landlord or any other reasonable and reputable food provider in the area. Tenant shall be permitted to receive such deliveries at invite its principals and employees to use same for the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Sections 9.1 purchase and 25; provided, however, Landlord shall have no obligation to receive consumption of food service deliveries on Tenant’s behalf after Tenant’s Cafeteria (as defined below) has been constructed and tendered to Tenant beverages offered for Tenant’s operation and use. (b) Landlord shall promptly commence construction of a 400 sq. ft. cafeteria as depicted on Exhibit F attached hereto, and in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”)sale. Tenant shall pay or reimburse Landlord, on a monthly basis, for Tenant's Proportionate Share of any subsidy provided by Landlord to the food service operator, but in no event shall Tenant's Proportionate Share of the subsidy exceed $100,000.00 in the manner provided hereafter for Landlord’s work in constructing Tenant’s Cafeteria15,000.00 per annum. Tenant shall pay also have the right to use the food service area from time to time and at any time after 3:00 p.m on weekdays for the hosting of business events or functions so long as (a) Tenant provides Landlord an initial amount of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria to Tenant, Tenant’s Cafeteria shall automatically become a part with reasonable prior notice of the Premises without need date, time and nature of such events or functions, (b) Tenant reimburses Landlord, on demand, for any further action on additional cost or expense actually incurred by Landlord in connection with such events or functions (e.g., security services, cleaning services, etc.), and (c) Tenant enters into such agreements for such use of the part food service area as Landlord and the food service provider may reasonably request. The use of the food service shall be subject to the reasonable rules and regulations of Landlord and/or the operator of the food service now or Tenanthereafter imposed. Notwithstanding anything to the contrary contained in this Paragraph, if the food service opens for business and subsequently closes, either temporarily or permanently, there shall be no abatement or diminution of Rent and Tenant shall pay as Additional Rent $20.00 per sq. ft.in no event be relieved from any of its obligations under this lease, annually for rental of Tenant’s Cafeteria. Also, upon completion and delivery to except that Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a five (5) year period. If the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five (5) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the same rules, regulations and customary practices with regard to the use of Landlord’s Cafeteria as are consistently applied to and observed by Landlord’s employees. Landlord shall not be liable required to Tenant pay Tenant's Proportionate Share of the food service subsidy for any lossthe period in which the food service is not operational. Further, injury or other damage to Tenant or Tenant’s employees from any cause arising out of Tenant or Tenant’s employees’ use of or presence in the confines of Landlord’s Cafeteria and event there is no food service in the Building for thirty (30) or more consecutive days, Landlord shall provide Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the cost and expense of defending against claims relating thereto, except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as with a result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord revocable license to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion the food service area so that Tenant can provide its own licensed and delivery reputable food service operator for the purpose of Tenant’s Cafeteria to Tenant for Tenant’s use and operationproviding food service in the lower level of the Building.