Common use of Demise and Lease of Premises Clause in Contracts

Demise and Lease of Premises. Landlord hereby demises and leases to Tenant, and Tenant hereby hires and accepts from Landlord, the Premises in the Building, excluding exterior faces of exterior walls, the common stairways and stairwells, elevators and elevator walls, mechanical rooms, electric and telephone closets, janitor closets, and pipes, ducts, shafts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building, and if the Premises includes less than the entire rentable area of any floor, excluding the common corridors, elevator lobbies and restrooms located on such floor. Tenant hereby agrees with Landlord that, upon the written request of Landlord made from time to time, but in no event less than thirty (30) days in advance, Tenant shall relocate from the Premises then demised to Tenant under this Lease (the “Original Premises”) to other premises (the “Relocated Premises”) within the Building or the buildings located at the Prudential Center known as 000 Xxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx or 000 Xxxxxxxx Xxxxxx and upon such relocation the Relocated Premises shall become the premises demised under this Lease and wherever the term “Premises” is used herein the same thereafter shall mean and refer to the Relocated Premises. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Premises and shall place the same into substantially equivalent condition to that in which the Original Premises were in prior to such relocation, and Landlord shall also reimburse Tenant for Tenant’s reasonable out-ofpocket moving expenses in so relocating to the Relocated Premises upon billing therefor from Tenant, which billing shall include reasonable evidence thereof in the form of paid invoices, receipts and the like. Tenant shall not be required to vacate the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items and items of long lead time. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall not affect in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated Premises.

Demise and Lease of Premises. (A) Landlord hereby demises and leases to Tenant, and Tenant hereby hires and accepts from Landlord, the Premises in the BuildingOffice Area for the Lease Term, excluding exterior faces of exterior walls, the common stairways and stairwells, elevators and elevator walls, mechanical rooms, electric and telephone closets, janitor closets, and pipes, ducts, shafts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the BuildingOffice Area, and if the Premises includes less than the entire rentable area of any floor, excluding the common corridors, elevator lobbies and restrooms toilets located on such floor. Without limiting the foregoing, the Premises extend to the middle of any interior demising walls. Tenant hereby agrees with Landlord that, upon the written request of Landlord made from time to time, but in no event less than thirty (30) days in advance, Tenant shall relocate from the Premises Lab Support Area then demised to Tenant under this Lease (the “Original PremisesLab Support Area”) to other premises (the “Relocated PremisesLab Support Area”) within the Building or the buildings located at the Prudential Center known as 000 Xxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx or 000 Xxxxxxxx Xxxxxx Office Area and upon such relocation the Relocated Premises Lab Support Area shall become the premises Lab Support Area demised under this Lease and wherever the term “Premises” is used herein the same thereafter shall mean and refer to include the Relocated PremisesLab Support Area. Landlord shall provide Tenant sixty (60) days prior notice of any such relocation. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Premises Lab Support Area and shall place the same into substantially equivalent condition to that in which the Original Premises Lab Support Area were in prior to such relocation, and Landlord shall also reimburse Tenant for Tenant’s reasonable out-ofpocket of-pocket moving expenses in so relocating to the Relocated Premises Lab Support Area upon billing therefor from Tenant, which billing shall include reasonable evidence thereof in the form of paid invoices, receipts and the like. Tenant shall not be required to vacate the Original Premises Lab Support Area and to relocate to the Relocated Premises Lab Support Area until the Relocated Premises Lab Support Area shall be substantially complete complete, subject to punch list items and items of long lead time, and in a condition that permits Tenant uninterrupted use of the Lab Support Area. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall not affect in any manner the relocation of the Premises Lab Support Area demised under this Lease from the Original Premises Lab Support Area to the Relocated PremisesLab Support Area.

Demise and Lease of Premises. (A) Landlord hereby demises and leases the Existing Premises to Tenant, and Tenant hereby hires leases the Existing Premises from Landlord. Except as expressly set forth in Section 2.2 hereof, the Premises shall not include any Common Areas, as hereinafter defined. Effective as of the applicable Commencement Date for the Delayed Portion of the Existing Premises and accepts each Portion of the Expansion Premises (as such Commencement Dates are defined in Section 1.1 above), Landlord shall demise and lease to Tenant, and Tenant shall hire and take from Landlord, the Premises in the Building, excluding exterior faces of exterior walls, the common stairways and stairwells, elevators and elevator walls, mechanical rooms, electric and telephone closets, janitor closets, and pipes, ducts, shafts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts Delayed Portion of the Building, Existing Premises and if such Portion of the Expansion Premises includes less than for a term commencing as of the entire rentable area applicable Commencement Date for the Delayed Portion of any floor, excluding the common corridors, elevator lobbies Existing Premises and restrooms located on such floorPortion of the Expansion Premises and terminating as of the expiration or earlier termination of the Lease Term. Tenant hereby agrees with Landlord that, upon Said demise of the written request Delayed Portion of Landlord made from time to time, but in no event less than thirty (30) days in advance, Tenant shall relocate from the Existing Premises then demised to Tenant under this Lease (and each such Portion of the “Original Premises”) to other premises (the “Relocated Premises”) within the Building or the buildings located at the Prudential Center known as 000 Xxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx or 000 Xxxxxxxx Xxxxxx and upon such relocation the Relocated Expansion Premises shall become be upon all of the premises demised under this Lease same terms and wherever conditions of the Lease, except as set forth herein. From and after the Commencement Date for the Delayed Portion of the Existing Premises and each Portion of the Expansion Premises, (i) the term “Premises” is as used herein in this Lease shall be deemed to include the same thereafter shall mean and refer to the Relocated Premises. Landlord, at its sole cost and expense, shall perform the partitioning Delayed Portion of the Relocated Existing Premises and shall place such Portion of the same into substantially equivalent condition to that in which Expansion Premises, as the Original Premises were in prior to such relocationcase may be, and Landlord shall also reimburse Tenant for Tenant’s reasonable out-ofpocket moving expenses in so relocating to (ii) the Relocated Premises upon billing therefor from Tenant, which billing shall include reasonable evidence thereof in Rentable Floor Area of the form of paid invoices, receipts and the like. Tenant shall not be required to vacate the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject increased by an amount equal to punch list items and items of long lead time. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall not affect in any manner the relocation Rentable Floor Area of the Delayed Portion of the Existing Premises demised under this Lease from and such Portion of the Original Premises to Expansion Premises, as the Relocated Premisescase may be.

Demise and Lease of Premises. Landlord hereby demises and leases to Tenant, and Tenant hereby hires and accepts from Landlord, the Premises in the Building together with the appurtenant rights expressly set forth in and subject to the terms and conditions of this Lease. The Premises exclude the exterior walls and exterior windows (except the inner surfaces thereof), floor slabs, load bearing elements, foundations, columns and other structural elements of the Building, excluding exterior faces of exterior wallsthe roof and roof membrane, the common stairways exterior areas of the Property (except to the extent subject to Tenant’s right to exclusive and stairwellsnon-exclusive use thereof as expressly set forth herein), elevators the Common Areas of the Property (as defined in Section 2.2) and elevator wallsthe Common Elements (as defined in the Declaration) of the Complex. Subject to the terms of this Lease, Landlord expressly reserves the right to access and use, as reasonably necessary for Landlord to perform Landlord’s obligations under this Lease and to preserve Landlord’s interest in and to the Building, the roof, loading areas, fan rooms, janitorial, electrical, telephone and telecommunications closets, elevators, stairways, conduits, risers, shafts, plenum spaces and mechanical rooms, electric and telephone closets, janitor closets, and pipes, ducts, shafts, conduits, wires and appurtenant fixtures in and serving exclusively the Building and the Building systems. Subject to the terms of this Lease, Landlord expressly reserves the right to obtain, grant, enter into and execute any easements, restrictions, covenants, conditions, licenses, permits, approvals, declarations and other agreements affecting the Property which are reasonably necessary in connection with the permitting and development of the Property and the Complex, including the Additional Improvements (as hereinafter defined) and/or in connection with obtaining the Complex Approvals. This Lease is subject and subordinate to the Declaration, and to all renewals, modifications, replacements and extensions of such Declaration. Notwithstanding the foregoing, except (x) as required to comply with applicable Legal Requirements or Landlord’s express obligations under this Lease, and/or (y) with respect to standard utility and access easements, so long as this Lease is in common other parts full force and effect and has not been terminated and Tenant satisfies the Leasing Threshold, Tenant’s rights under this Lease shall not be subject or subordinate to any amendments or modifications to or replacements of the Declaration entered into by Landlord after the Execution Date which would or is likely to have a Tenant Adverse Impact (as hereinafter defined), unless Tenant has consented to any such amendment, modification or replacement, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, in the event of a direct conflict between the terms and conditions of this Lease and the provisions of the Declaration, the provisions of this Lease shall control with respect to the Property. Landlord and Tenant acknowledge and agree that the Building, parking facilities and if other site improvements will be constructed by Landlord as part of Landlord’s Work pursuant to the terms and conditions of Exhibit B. Overlandlord and/or Master Developer (as defined in the Declaration) has the right (but not the obligation) at any time during the Lease Term to construct additional buildings and other improvements at the 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxx, Inc. Lease Complex (the “Additional Improvements”) in one or more additional phases of developing the Complex pursuant to the applicable permits and approvals for the Complex (the “Complex Approvals”) and, in connection therewith, to alter, reconfigure, relocate or terminate existing ingress and egress routes to the Property and the Complex so long as, in the exercise of such rights affecting the Property, there is no Tenant Adverse Impact. As a material inducement to Landlord to enter into this Lease, Tenant acknowledges and expressly agrees that Landlord, Overlandlord and/or other third parties shall have the right (but without any obligation so to do) to complete and construct the Additional Improvements, such ongoing construction may result in noise, dust, vibrations and other construction related disturbances and the construction of the Additional Improvements pursuant to the Complex Approvals during the Lease Term and while Tenant is in occupancy of the Premises includes less than the entire rentable area shall not be considered an eviction, actual or constructive, of any floor, excluding the common corridors, elevator lobbies and restrooms located on such floor. Tenant hereby agrees with Landlord that, upon the written request of Landlord made from time to time, but in no event less than thirty (30) days in advance, Tenant shall relocate from the Premises then demised and shall not entitle Tenant to terminate this Lease or to an abatement of any Annual Fixed Rent or Additional Rent payable hereunder. Tenant has entered into this Lease and agreed to perform the obligations of Tenant hereunder with knowledge of the on-going performance of the Additional Improvements. If and to the extent the Additional Improvements are being performed on the Property, Landlord shall, in its conduct of construction activities at the Property and performance of the Additional Improvements, exercise commercially reasonable efforts (in light of the construction activities being performed) to minimize unreasonable interference with Tenant’s use of or access to the Premises pursuant to this Lease and to implement reasonable construction measures and procedures to mitigate dust and noise to the extent commercially feasible provided that such efforts and measures shall not require Landlord to perform the Additional Improvements outside of normal building hours or at material additional cost to Landlord. Nothing in this Section 2.1 shall be deemed to limit or postpone Tenant’s express rights under Section 7.7 of this Lease. Notwithstanding the foregoing, except (x) as required to comply with applicable Legal Requirements or Landlord’s express obligations under this Lease, (y) with respect to standard utility and access easements, including standard utility installations, and/or (z) in connection with Landlord’s construction obligations in connection with Tenant’s exercise of its rights under Article XVIII, so long as this Lease is in full force and effect and has not been terminated and Tenant satisfies the Leasing Threshold, Landlord shall not (i) perform any alterations or improvements to or installations on the exterior facade or entrances to the Building or expand the area of the Building which would or would reasonably be anticipated to have a Tenant Adverse Impact, or (ii) perform any alterations, installations or improvements to the Property or grant or enter into any easements, covenants, conditions, restrictions, licenses, declarations and other similar agreements affecting the Property or any amendments or modifications to any such existing agreements which would or would reasonably be anticipated to have a Tenant Adverse Impact; in any event, without first obtaining Tenant’s prior written consent, such consent not to be unreasonably withheld or delayed. For purposes of this Lease, in order for an alteration, installation, improvement, easement, covenant, condition, restriction, license, declaration or an amendment, modification or replacement of the Declaration to have a “Tenant Adverse Impact” it would or would reasonably be anticipated to (i) increase the Taxes payable by Tenant 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxx, Inc. Lease under the Lease by more than a de minimis extent, (ii) provide for the installation of any improvement or structure (other than landscaping elements required by Legal Requirements and temporary scaffolding during the course of repairs or renovations to the Building) within the area outlined on Exhibit R attached to this Lease as the “Original PremisesProtected View Corridor”, if such improvement or structure would materially obstruct the visibility of the Building from Route 128, (iii) reduce the size of or otherwise alter (by more than a de minimis extent) the Outdoor Terrace Area (as hereinafter defined) or the Rooftop Terrace (as hereinafter defined), (iv) materially adversely affect the utility facilities serving the Building, (v) subject to other premises (Landlord’s reserved right under Section 10.1, materially adversely affect Tenant’s right to access and use the “Relocated Premises”) within loading dock of the Building or the buildings located at parking areas in “Area A” on the Prudential Center known as 000 Xxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx or 000 Xxxxxxxx Xxxxxx Property and/or the Off Premises Spaces in accordance with and upon such relocation the Relocated Premises shall become the premises demised under this Lease and wherever the term “Premises” is used herein the same thereafter shall mean and refer subject to the Relocated Premises. Landlordterms and conditions of Section 10.1 below, at its sole cost and expense, shall perform the partitioning (vi) except in connection with Tenant’s exercise of the Relocated Premises and shall place expansion option under Article XVIII of this Lease, reduce the same into substantially equivalent condition to that parking spaces in which “Area B” shown on the Original Premises were site plan attached hereto as Exhibit A-l (the “Site Plan”) (except a temporary basis in prior to such relocation, and Landlord shall also reimburse Tenant connection with Future Road Infrastructure (as hereinafter defined)) or the covered parking spaces beneath the Building reserved for Tenant’s reasonable out-ofpocket moving expenses exclusive use pursuant to Section 10.1 of this Lease, (vii) result in the elimination of either of the access roads shown as Hillside Drive or Border Road on the Site Plan (it being acknowledged and agreed that Hillside Drive and Border Road may nonetheless be modified, realigned, changed and/or relocated so relocating long as any such modification, realignment, change and/or relocation provides reasonably equivalent access to the Relocated Premises upon billing therefor Building and, with respect to Hillside Drive, the “Area A” parking area), or (viii) result in Tenant not having any pylon signage identity of any kind on Main Street. The foregoing restrictions (including the Protected View Corridor) shall not apply to, and a Tenant Adverse Impact will not be deemed to exist with respect to, the installation of reasonably sized directional or wayfinding signage for other tenants of the Complex in reasonable locations on or about the Property from Tenanttime to time and consistent with the style and design of tenant signage at the Complex so long as any such sign does not exceed 6 feet in height. Tenant acknowledges and agrees that, which billing shall include reasonable evidence thereof in during the form of paid invoicesLease Term, receipts the common roadways providing access to the Property and the like. Tenant shall Complex and shown on the Site Plan may, in connection with future development at the Complex and future state highway infrastructure changes and improvements, be modified, realigned, changed and/or relocated during the Term, including the potential conversion of a portion of Tower Road and adjacent property for use as an on-ramp to Route 95/128 (collectively, “Future Road Infrastructure”) and such Future Road Infrastructure and easements granted in connection therewith will not be required deemed to vacate the Original Premises constitute a Tenant Adverse Impact so long as Hillside Road and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items and items of long lead time. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall Border Road are not affect in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated Premiseseliminated.

Demise and Lease of Premises. Landlord hereby demises and leases to Tenant, and Tenant hereby hires and accepts from Landlord, the Premises in the Building, excluding exterior faces of exterior walls, the common stairways and stairwells, elevators and elevator walls, mechanical rooms, electric and telephone closets, janitor closets, and pipes, ducts, shafts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building, and if the Premises includes less than the entire rentable area of any floor, excluding the common corridors, elevator lobbies and restrooms located on such floor. Tenant hereby agrees with Landlord that, upon the written request of Landlord made from time to time, but in no event less than thirty (30) days in advance, Tenant shall relocate from the Premises then demised to Tenant under this Lease (the “Original Premises”) to other comparable premises (the “Relocated Premises”) within the Building or the buildings located at the Prudential Center known as 000 Xxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx or 000 Xxxxxxxx Xxxxxx and upon such relocation the Relocated Premises shall become the premises demised under this Lease and wherever the term “Premises” is used herein the same thereafter shall mean and refer to the Relocated Premises. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Premises and shall place the same into substantially equivalent condition to that in which the Original Premises were in prior to such relocation, and Landlord shall also reimburse Tenant for Tenant’s reasonable out-ofpocket of-pocket moving expenses in so relocating to the Relocated Premises upon billing therefor from Tenant, which billing shall include reasonable evidence thereof in the form of paid invoices, receipts and the like. Tenant shall not be required to vacate the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items and items of long lead time. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall not affect in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated Premises.

Demise and Lease of Premises. Landlord hereby demises and leases to Tenant, and Tenant hereby hires and accepts from Landlord, the Premises in the Building, excluding exterior faces of exterior wallsWalls, the common stairways and stairwells, elevators and elevator walls, mechanical rooms, electric and telephone closets, janitor closets, and pipes, ducts, shafts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building, and if the Premises includes less than the entire rentable area of any floor, excluding the common corridors, elevator lobbies and restrooms toilets located on such floor. Tenant hereby agrees with Landlord that, upon the written request of Landlord made from time to time, but in no event time on not less than thirty ninety (3090) days in advancedays’ prior notice, Tenant shall relocate from the Premises then demised to Tenant under this Lease (the “Original Premises”) to other premises (the “Relocated Premises”) within the Building on the same floor or the buildings located at the Prudential Center known as 000 Xxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx or 000 Xxxxxxxx Xxxxxx a higher floor and with similar views and upon such relocation the Relocated Premises shall become the premises demised under this Lease and wherever the term “Premises” is used herein the same thereafter shall mean and refer to the Relocated Premises. Landlord, at its sole cost and expense, shall shall, in consultation with Tenant, perform the partitioning partitioning, renovation and/or fit out of the Relocated Premises and shall place the same into substantially equivalent condition to that in which the Original Premises were in prior to such relocationrelocation (which shall include, without limitation, substantially equivalent quality of finish, materials and installed technology), and Landlord shall also reimburse Tenant for Tenant’s reasonable out-ofpocket of-pocket moving expenses in so relocating to the Relocated Premises upon billing therefor from Tenant, which billing shall include reasonable evidence thereof in the form of paid invoices, receipts and the like. Tenant shall not be required to vacate the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items and items of long lead time. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall not affect in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated PremisesPremiss.

Demise and Lease of Premises. Landlord hereby demises and leases to Tenant, and Tenant hereby hires and accepts from Landlord, the Premises in the Building, excluding exterior faces the portion of exterior wallswalls outside of the inner face of studs or similar line, the common stairways and stairwells, elevators and elevator walls, mechanical rooms, electric and telephone closets, janitor closets, and pipes, ducts, shafts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building, and if the Premises includes less than the entire rentable area of any floor, excluding the common corridors, elevator lobbies and restrooms toilets located on such floor. Tenant hereby agrees with Landlord that, upon the written request of Landlord made from time to time, but in no event less than thirty (30) days in advance, Tenant shall relocate from the Storage Premises then demised to Tenant under this Lease (the “Original Storage Premises”) to other premises (which may be more than one space) of at least substantially the same size and utility (in the aggregate if more than one space) (the “Relocated Storage Premises”) within the Building or the buildings located at the Prudential Center known as 000 Xxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx, 000 Xxxxxxxxxx Xxxxxx or 000 Xxxxxxxx Xxxxxx and upon such relocation the Relocated Storage Premises shall become part of the premises demised under this Lease and wherever the term “Premises” is used herein the same thereafter shall mean and refer to the Relocated PremisesLease. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Storage Premises and shall place the same into substantially equivalent condition to that in which the Original Storage Premises were in prior to such relocation, and Landlord shall also reimburse Tenant for Tenant’s reasonable out-ofpocket of-pocket moving expenses in so relocating -15- to the Relocated Storage Premises upon billing therefor from Tenant, which billing shall include reasonable evidence thereof in the form of paid invoices, receipts and the like. Tenant shall not be required to vacate the Original Storage Premises and to relocate to the Relocated Storage Premises until the Relocated Storage Premises shall be substantially complete subject to punch list items and items of long lead time. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall not affect in any manner the relocation of the Storage Premises demised under this Lease from the Original Storage Premises to the Relocated Storage Premises.