Common use of Cafeteria Clause in Contracts

Cafeteria. Tenant and its employees, contractors, visitors and consultants shall have the right to use the cafeteria (the "CAFETERIA") located in the Project 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 provisions of this SECTION 1.4. A third party provider currently provides food and beverage service in the Cafeteria. Subject to the last two sentences of this SUBSECTION 1.4.2, Landlord shall have the right to discontinue or change cafeteria service, provided, however, Landlord shall continue to provide cafeteria service substantially in its current form (including hot food service) so long as there are at least 500 employees working in Buildings 1, 2 and 3, and Landlord shall 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 the Cafeteria area. In the event that Landlord has the right to discontinue cafeteria service in accordance with this SECTION 1.4.2, if Landlord is unable to locate an operator that will operate the Cafeteria on terms acceptable to Landlord, in its reasonable business discretion, Landlord shall have the right and option, in its sole discretion, to take any steps necessary to reduce or eliminate such costs, including, without limitation, modification or reduction of the 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 Term, Landlord shall provide an alternative fresh food (including breakfast items, sandwiches, and salads, 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 employees located at the Project. If the total cost of providing cafeteria service exceeds $100,000 per year, Landlord may discontinue cafeteria service (and, at Tenant's request, Landlord will consider discontinuing such service), but prior to such change(s), Landlord shall discuss with Tenant options to reduce such costs.

Cafeteria. The parties acknowledge that a food service is or shall 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 required governmental and/or municipal inspections, approvals, authorizations or 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 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 "A" office buildings. For so much of the Term as such food service is provided in the Building, Tenant shall be permitted to invite its principals and its employeesemployees to use same for the purchase and consumption of food and beverages offered for sale. Tenant shall pay or reimburse Landlord, contractorson a monthly basis, visitors and consultants 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 $15,000.00 per annum. Tenant shall also have the right to use the cafeteria 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 with reasonable prior notice of the "CAFETERIA"date, time and nature of such events or functions, (b) located Tenant reimburses Landlord, on demand, for any 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 Project provided such parties shall be responsible for payment of all charges for meals food service area as Landlord and other items purchased at the Cafeteriafood service provider may reasonably request. The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants the food service shall be subject to compliance with the other provisions reasonable rules and regulations of Landlord and/or the operator of the food service now or hereafter imposed. Notwithstanding anything to the contrary contained in this SECTION 1.4Paragraph, 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 in no event be relieved from any of its obligations under this lease, except that Tenant shall not be required to pay Tenant's Proportionate Share of the food service subsidy for the period in which the food service is not operational. A third party provider currently provides Further, in the event there is no food and beverage service in the Cafeteria. Subject to the last two sentences of this SUBSECTION 1.4.2, Landlord shall have the right to discontinue Building for thirty (30) or change cafeteria service, provided, however, Landlord shall continue to provide cafeteria service substantially in its current form (including hot food service) so long as there are at least 500 employees working in Buildings 1, 2 and 3, and Landlord shall 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 the Cafeteria area. In the event that Landlord has the right to discontinue cafeteria service in accordance with this SECTION 1.4.2, if Landlord is unable to locate an operator that will operate the Cafeteria on terms acceptable to Landlord, in its reasonable business discretion, Landlord shall have the right and option, in its sole discretion, to take any steps necessary to reduce or eliminate such costs, including, without limitation, modification or reduction of the 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 Termmore consecutive days, Landlord shall provide an alternative fresh Tenant with a revocable license to use the food (including breakfast items, sandwiches, service area so that Tenant can provide its own licensed and salads, but not hot food) and vending reputable food service and a seating area or facility similar to that which currently exists at operator for the Project sufficient to reasonably accommodate Tenant's employees located at the Project. If the total cost purpose of providing cafeteria food service exceeds $100,000 per year, Landlord may discontinue cafeteria service (and, at Tenant's request, Landlord will consider discontinuing such service), but prior to such change(s), Landlord shall discuss with Tenant options to reduce such costsin the lower level of the Building.

Cafeteria. The parties acknowledge that a food service is or shall 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 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 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 "A" office buildings. For so much of the Term as such food service is provided in the Building, Tenant shall be permitted to invite its principals and its employeesemployees to use same for the purchase and consumption of food and beverages offered for sale. Tenant shall pay or reimburse Landlord, contractorson a monthly basis, visitors and consultants 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 $15,000.00 per annum. Tenant shall also have the right to use the cafeteria 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 with reasonable prior notice of the "CAFETERIA"date, time and nature of such events or functions, (b) located Tenant reimburses Landlord, on demand, for any 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 Project provided such parties shall be responsible for payment of all charges for meals food service area as Landlord and other items purchased at the Cafeteriafood service provider may reasonably request. The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants the food service shall be subject to compliance with the other provisions reasonable rules and regulations of Landlord and/or the operator of the food service now or hereafter imposed. Notwithstanding anything to the contrary contained in this SECTION 1.4Paragraph, 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 in no event be relieved from any of its obligations under this lease, except that Tenant shall not be required to pay Tenant's Proportionate Share of the food service subsidy for the period in which the food service is not operational. A third party provider currently provides Further, in the event there is no food and beverage service in the Cafeteria. Subject to the last two sentences of this SUBSECTION 1.4.2, Landlord shall have the right to discontinue Building for thirty (30) or change cafeteria service, provided, however, Landlord shall continue to provide cafeteria service substantially in its current form (including hot food service) so long as there are at least 500 employees working in Buildings 1, 2 and 3, and Landlord shall 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 the Cafeteria area. In the event that Landlord has the right to discontinue cafeteria service in accordance with this SECTION 1.4.2, if Landlord is unable to locate an operator that will operate the Cafeteria on terms acceptable to Landlord, in its reasonable business discretion, Landlord shall have the right and option, in its sole discretion, to take any steps necessary to reduce or eliminate such costs, including, without limitation, modification or reduction of the 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 Termmore consecutive days, Landlord shall provide an alternative fresh Tenant with a revocable license to use the food (including breakfast items, sandwiches, service area so that Tenant can provide its own licensed and salads, but not hot food) and vending reputable food service and a seating area or facility similar to that which currently exists at operator for the Project sufficient to reasonably accommodate Tenant's employees located at the Project. If the total cost purpose of providing cafeteria food service exceeds $100,000 per year, Landlord may discontinue cafeteria service (and, at Tenant's request, Landlord will consider discontinuing such service), but prior to such change(s), Landlord shall discuss with Tenant options to reduce such costsin the lower level of the Building.

Cafeteria. The parties acknowledge that a food service is or shall 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 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 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 “A” office buildings. For so much of the Term as such food service is provided in the Building, Tenant shall be permitted to invite its principals and its employeesemployees to use same for the purchase and consumption of food and beverages offered for sale. Tenant shall pay or reimburse Landlord, contractorson a monthly basis, visitors and consultants 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 $15,000.00 per annum. Tenant shall also have the right to use the cafeteria 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 with reasonable prior notice of the "CAFETERIA"date, time and nature of such events or functions, (b) located Tenant reimburses Landlord, on demand, for any 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 Project provided such parties shall be responsible for payment of all charges for meals food service area as Landlord and other items purchased at the Cafeteriafood service provider may reasonably request. The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants the food service shall be subject to compliance with the other provisions reasonable rules and regulations of Landlord and/or the operator of the food service now or hereafter imposed. Notwithstanding anything to the contrary contained in this SECTION 1.4Paragraph, 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 in no event be relieved from any of its obligations under this lease, except that Tenant shall not be required to pay Tenant’s Proportionate Share of the food service subsidy for the period in which the food service is not operational. A third party provider currently provides Further, in the event there is no food and beverage service in the Cafeteria. Subject to the last two sentences of this SUBSECTION 1.4.2, Landlord shall have the right to discontinue Building for thirty (30) or change cafeteria service, provided, however, Landlord shall continue to provide cafeteria service substantially in its current form (including hot food service) so long as there are at least 500 employees working in Buildings 1, 2 and 3, and Landlord shall 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 the Cafeteria area. In the event that Landlord has the right to discontinue cafeteria service in accordance with this SECTION 1.4.2, if Landlord is unable to locate an operator that will operate the Cafeteria on terms acceptable to Landlord, in its reasonable business discretion, Landlord shall have the right and option, in its sole discretion, to take any steps necessary to reduce or eliminate such costs, including, without limitation, modification or reduction of the 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 Termmore consecutive days, Landlord shall provide an alternative fresh Tenant with a revocable license to use the food (including breakfast items, sandwiches, service area so that Tenant can provide its own licensed and salads, but not hot food) and vending reputable food service and a seating area or facility similar to that which currently exists at operator for the Project sufficient to reasonably accommodate Tenant's employees located at the Project. If the total cost purpose of providing cafeteria food service exceeds $100,000 per year, Landlord may discontinue cafeteria service (and, at Tenant's request, Landlord will consider discontinuing such service), but prior to such change(s), Landlord shall discuss with Tenant options to reduce such costsin the lower level of the Building.

Cafeteria. The parties acknowledge that a food service is or shall 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 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 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 "A" office buildings. For so much of the Term as such food service is provided in the Building, Tenant shall be permitted to invite its principals and its employeesemployees to use same for the purchase and consumption of food and beverages offered for sale. Tenant shall pay or reimburse Landlord, contractorson a monthly basis, visitors and consultants 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 $15,000.00 per annum. Tenant shall also have the right to use the cafeteria 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 with reasonable prior notice of the "CAFETERIA"date, time and nature of such events or functions, (b) located Tenant reimburses Landlord, on demand, for any 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 Project provided such parties shall be responsible for payment of all charges for meals food service area as Landlord and other items purchased at the Cafeteriafood service provider may reasonably request. The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants the food service shall be subject to compliance with the other provisions reasonable rules and regulations of Landlord and/or the operator of the food service now or hereafter imposed. Notwithstanding anything to the contrary contained in this SECTION 1.4Paragraph, 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 in no event be relieved from any of its obligations under this lease, except that Tenant shall not be required to pay Tenant's Proportionate Share of the food service subsidy for the period in which the food service is not operational. A third party provider currently provides Further, in the event there is no food and beverage service in the Cafeteria. Subject to the last two sentences of this SUBSECTION 1.4.2, Landlord shall have the right to discontinue Building for thirty (30) or change cafeteria service, provided, however, Landlord shall continue to provide cafeteria service substantially in its current form (including hot food service) so long as there are at least 500 employees working in Buildings 1, 2 and 3, and Landlord shall 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 the Cafeteria area. In the event that Landlord has the right to discontinue cafeteria service in accordance with this SECTION 1.4.2, if Landlord is unable to locate an operator that will operate the Cafeteria on terms acceptable to Landlord, in its reasonable business discretion, Landlord shall have the right and option, in its sole discretion, to take any steps necessary to reduce or eliminate such costs, including, without limitation, modification or reduction of the 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 Termmore consecutive days, Landlord shall provide an alternative fresh Tenant with a revocable license to use the food (including breakfast items, sandwiches, service area so that Tenant can provide its own licensed and salads, but not hot food) and vending reputable food service and a seating area or facility similar to that which currently exists at operator for the Project sufficient to reasonably accommodate Tenant's employees located at the Project. If the total cost purpose of providing cafeteria food service exceeds $100,000 per year, Landlord may discontinue cafeteria service (and, at Tenant's request, Landlord will consider discontinuing such service), but prior to such change(s), Landlord shall discuss with Tenant options to reduce such costsin the lower level of the Building.

Cafeteria. The parties acknowledge that a food service is or shall 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 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 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 “A” office buildings. For so much of the Term as such food service is provided in the Building, Tenant shall be permitted to invite its principals and its employeesemployees to use same for the purchase and consumption of food and beverages offered for sale. Tenant shall pay or reimburse Landlord, contractorson a monthly basis, visitors and consultants 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 $15,000.00 per annum. Tenant shall also have the right to use the cafeteria 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 with reasonable prior notice of the "CAFETERIA"date, time and nature of such events or functions, (b) located Tenant reimburses Landlord, on demand, for any 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 Project provided such parties shall be responsible for payment of all charges for meals food service area as Landlord and other items purchased at the Cafeteriafood service provider may reasonably request. The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants the food service shall be subject to compliance with the other provisions reasonable rules and regulations of Landlord and/or the operator of the food service now or hereafter imposed. Notwithstanding anything to the contrary contained in this SECTION 1.4Paragraph, 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 in no event be relieved from any of its obligations under this lease, except that Tenant shall not be required to pay Tenant’s Proportionate Share of the food service subsidy for the period in which the food service is not operational. A third party provider currently provides Further, in the event there is no food and beverage service in the Cafeteria. Subject to the last two sentences of this SUBSECTION 1.4.2, Landlord shall have the right to discontinue Building for thirty (30) or change cafeteria service, provided, however, Landlord shall continue to provide cafeteria service substantially in its current form (including hot food service) so long as there are at least 500 employees working in Buildings 1, 2 and 3, and Landlord shall 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 the Cafeteria area. In the event that Landlord has the right to discontinue cafeteria service in accordance with this SECTION 1.4.2, if Landlord is unable to locate an operator that will operate the Cafeteria on terms acceptable to Landlord, in its reasonable business discretion, Landlord shall have the right and option, in its sole discretion, to take any steps necessary to reduce or eliminate such costs, including, without limitation, modification or reduction of the 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 Termmore consecutive days, Landlord shall provide an alternative fresh Tenant with a revocable license to use the food (including breakfast items, sandwiches, service area so that Tenant can provide its own licensed and salads, but not hot food) and vending reputable food service and a seating area or facility similar to that which currently exists at operator for the Project sufficient to reasonably accommodate Tenant's employees located at the Project. If the total cost purpose of providing cafeteria food service exceeds $100,000 per year, Landlord may discontinue cafeteria service (and, at Tenant's request, Landlord will consider discontinuing such service), but prior to such change(s), Landlord shall discuss with Tenant options to reduce such costsin the lower level of the Building.