Common use of Failure to Select Broker or Failure of Broker to Serve Clause in Contracts

Failure to Select Broker or Failure of Broker to Serve. If either Landlord or Tenant shall have requested a Broker Determination and the other party shall not have designated a broker within the time period provided therefor above, then the broker selected by the party making said request shall alone make the determination of Prevailing Market Rent in writing to Landlord and Tenant within thirty (30) days after the expiration of the other party's right to designate a broker hereunder. If Tenant and Landlord have both designated brokers but the two brokers so designated do not, within a period of fifteen (15) days after the appointment of the second broker, agree upon and designate an additional broker willing so to act, the Tenant, the Landlord or either broker previously designated may request the Greater Boston Real Estate Board, Inc. to designate a third broker willing so to act and a broker so appointed shall, for all purposes, have the same standing and powers as though he had been seasonably appointed by the brokers first appointed. In case of the inability or refusal to serve of any person designated as a broker, or in case any broker for any reason ceases to be such, a broker to fill such vacancy shall be appointed by the Tenant, the Landlord, the Brokers first appointed or the said Greater Boston Real Estate Board, Inc., as the case may be, whichever made the original appointment, or if the person who made the original appointment fails to fill such vacancy, upon application of any broker who continues to act or by the Landlord or Tenant such vacancy may be filled by the said Greater Boston Real Estate Board, Inc., and any broker so appointed to fill such vacancy shall have the same standing and powers as though originally appointed. [Tenant's Storage Space] 195 XXXX XXXXXX XXXXXXX XXXERNATIONAL CORPORATION EXHIBIT H TENANT'S STORAGE SPACE EXHIBIT I NON-DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT THIS AGREEMENT is made and entered into as of this _______ day of _________________, 1991, by and among THE FIRST NATIONAL BANK OF BOSTON, a national banking association (hereinafter called the "Lender"), PAREXEL International Corporation (hereinafter called the "Tenant") and 200 Xxxx Xxxxxx Xxxited Partnership (hereinafter called the "Landlord").

Failure to Select Broker or Failure of Broker to Serve. If either Landlord or Tenant shall have requested a Broker Determination and the other party Landlord shall not have designated a broker within the time period provided therefor above, then Tenant's Broker shall request the broker selected by the party making said request shall alone make the determination of Prevailing Market Rent in writing to Landlord and Tenant within thirty (30) days after the expiration of the other party's right Greater Boston Real Estate Board to designate a broker hereunderLandlord's Broker. If Tenant Tenant's and Landlord Landlord's Brokers have both been designated brokers but the two brokers so designated do not, within a period of fifteen (15) days after the appointment of the second broker, agree upon and designate an additional broker the Third Broker willing so to act, the Tenant, the Landlord or either broker previously designated may request the Greater Boston Real Estate Board, Inc. to designate a third broker the Third Broker willing so to act and a broker so appointed shall, for all purposes, have the same standing and powers as though he had been seasonably appointed by the brokers first appointedact. In case of the inability or refusal to serve of any person designated as a broker, or in case any broker for any reason ceases to be such, a broker to fill such vacancy shall be appointed by the Tenant, the Landlord, the Brokers brokers first appointed or the said Greater Boston Real Estate Board, Inc., as the case may be, whichever made the original appointment, or if the person who made the original appointment fails to fill such vacancy, upon application of any broker who continues to act or by the Landlord or Tenant Tenant, such vacancy may be filled by the said Greater Boston Real Estate Board, Inc. Any broker appointed by the Greater Boston Real Estate Board, Inc., and any broker so appointed pursuant to fill such vacancy shall the provisions hereof shall, for all purposes, have the same standing and powers as though he had been originally appointedappointed by the party originally designated to make such appointment by the terms hereof. [Tenant's Storage Space] 195 XXXX XXXXXX XXXXXXX XXXERNATIONAL CORPORATION EXHIBIT H TENANT'S STORAGE SPACE EXHIBIT I NON-DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT THIS AGREEMENT is made and entered into as of this FORM OF LETTER OF CREDIT BENEFICIARY: ISSUANCE DATE: _____________________________________ day ______________ 200___ _____________________________________ IRREVOCABLE STANDBY _____________________________________ LETTER OF CREDIT NO. _______ _____________________________________ ACCOUNTEE/APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: US$__________ ____________________________ USD: _______________________ LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the applicant up to an aggregate amount not to exceed ______________________ and __/100 US Dollars (US $_______________________) available by your draft(s) drawn on ourselves at sight accompanied by: Your statement, signed by a purportedly authorized officer/official certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to the Lease (the "Lease") dated _______________ by and between ______________, as Landlord, and ____________________, 1991as Tenant, together with the original copy of this Letter of Credit and any amendments thereto which have been accepted by you. Draft(s) must indicate name and among THE FIRST NATIONAL BANK OF BOSTONissuing bank and credit number and must be presented at this office. You shall have the right to make partial draws against this Letter of Credit, a national banking association (hereinafter called from time to time. This Letter of Credit is transferable at any time and from time to time without cost to Beneficiary. Except as otherwise expressly stated herein, this Letter of Credit is subject to the "LenderUniform Customs and practice for Documentary Credits, International Chamber of Commerce, Publication No. 500 (1993 Revision)." This Letter of Credit shall expire at our office on _______ ____, 200_ (the "Stated Expiration Date"). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year period s from such Stated Expiration Date, PAREXEL International Corporation unless at least forty-five (hereinafter called 45) days prior to such Stated Expiration Date ) (or any anniversary thereof) we shall notify you at the address specified in this Letter of Credit (or at such other address of which you may have notified us in writing) and the Accountee/Applicant in writing by registered mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. EXHIBIT K LEASE AUDIT CONFIDENTIALITY AGREEMENT _______________ ___, 20___ RE: LEASE DATED ______ (THE "TenantLEASE") BETWEEN ___________ ("LANDLORD") AND ________ ("TENANT") RESPECTING CERTAIN PREMISES LOCATED AT _________ (THE "PROPERTY") AS MORE PARTICULARLY DESCRIBED IN THE LEASE. To whom it may concern: You have been engaged by Tenant to review the books and 200 Xxxx Xxxxxx Xxxited Partnership (hereinafter called records of Landlord respecting _________ operating expenses for the "Landlord").Property for calendar years ________ and/or ______ real estate taxes for fiscal years _______. Landlord is willing to allow you to review such books and records subject to and in consideration of the terms and conditions set forth below:

Failure to Select Broker or Failure of Broker to Serve. If either Landlord or Tenant the Requesting ------------------------------------------------------ Party shall have requested a Broker Determination and the other party Responding Party shall not have designated a broker within the time period provided therefor aboveabove and such failure shall continue for more than ten (10) days after notice thereof, then the Requesting Party's broker selected by the party making said request shall alone make the determination of the Prevailing Fair Market Rent in writing to Landlord and Tenant within thirty (30) days after the expiration of the other partyResponding Party's right to designate a broker hereunder. If Tenant and Landlord have both designated brokers but the two brokers so designated do not, within a period of fifteen (15) days after the appointment of the second broker, agree upon and designate an additional the third broker willing so to act, the Tenant, the Landlord or either broker previously designated may request the Greater Boston Real Estate Board, Inc. to designate a the third broker willing so to act and a broker so appointed shall, for all purposes, have the same standing and powers as though he had been seasonably appointed by the brokers first appointed. In case of the inability or refusal to serve of any person designated as a broker, or in case any broker for any reason ceases to be such, a broker to fill such vacancy shall be appointed by the Tenant, the Landlord, the Brokers brokers first appointed or the said Greater Boston Real Estate Board, Inc., as the case may be, whichever made the original appointment, or if the person who made the original appointment fails to fill such vacancy, upon application of any broker who continues to act or by the Landlord or Tenant such vacancy may be filled by the said Greater Boston Real Estate Board, Inc., and any broker so appointed to fill such vacancy shall have the same standing and powers as though originally appointed. [Tenant's Storage Space] 195 XXXX XXXXXX XXXXXXX XXXERNATIONAL CORPORATION EXHIBIT H TENANT'S STORAGE SPACE EXHIBIT I NON-DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT THIS AGREEMENT is made and entered into as of this H-1 ----------- FORM OF GENERAL --------------- LETTER OF CREDIT ---------------- BENEFICIARY: ISSUANCE DATE: ________________, 199__ day of [Landlord's Name] c/o ______________________ IRREVOCABLE STANDBY LETTER OF CREDIT NO. ACCOUNTEE/APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT:______ _________________ USD ______________ [TENANT NAME] GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the applicant up to an aggregate amount not to exceed ____________________ US Dollars ($___________) available by your draft(s) drawn on ourselves at sight accompanied by: Your statement, 1991, signed by a purportedly authorized officer/official certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to the Lease (the "Lease") dated _____________________ by and among THE FIRST NATIONAL BANK OF BOSTONbetween Boston Properties Limited Partnership, a national banking association (hereinafter called as Landlord, and Parametric Technology Corporation, as Tenant. Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. You shall have the right to make partial draws against this Letter of Credit, from time to time. Except as otherwise expressly stated herein, this Letter of Credit is subject to the "LenderUniform Customs and Practice for Documentary Credits, International Chamber of Commerce, Publication No. 500 (1993 Revision)"). Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, PAREXEL International Corporation unless at least forty-five (hereinafter called 45) days prior to such Stated Expiration Date (or any anniversary thereof) we shall notify you and the Accountee/Applicant in writing by registered mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. EXHIBIT H-2 ----------- FORM OF TI LETTER OF CREDIT --------------------------- BENEFICIARY: ISSUANCE DATE: ________________, 199__ [Landlord's Name] c/o _____________________ IRREVOCABLE STANDBY LETTER OF CREDIT NO. ACCOUNTEE/APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT:______ _________________ USD ______________ [TENANT NAME] GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the applicant up to an aggregate amount not to exceed ____________________ US Dollars ($___________) available by your draft(s) drawn on ourselves at sight accompanied by: Your statement, signed by a purportedly authorized officer/official certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to the Lease (the "TenantLease") dated _________________ by and 200 Xxxx Xxxxxx Xxxited Partnership (hereinafter called between Boston Properties Limited Partnership, as Landlord, and Parametric Technology Corporation, as Tenant. Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. You shall have the right to make partial draws against this Letter of Credit, from time to time. Except as otherwise expressly stated herein, this Letter of Credit is subject to the "LandlordUniform Customs and practice for Documentary Credits, International Chamber of Commerce, Publication No. 500 (1993 Revision)". This Letter of Credit shall expire at our office on ________________, 200_ (the "Stated Expiration Date").

Failure to Select Broker or Failure of Broker to Serve. If either Landlord or Tenant shall have requested a Broker Determination and the other party Landlord shall not have designated a broker within the time period provided therefor above, then Tenant's Broker shall request the broker selected by the party making said request shall alone make the determination of Prevailing Market Rent in writing to Landlord and Tenant within thirty (30) days after the expiration of the other party's right Greater Boston Real Estate Board to designate a broker hereunderLandlord's Broker. If Tenant Tenant's and Landlord Landlord's Brokers have both been designated brokers but the two brokers so designated do not, within a period of fifteen (15) days after the appointment of the second broker, agree upon and designate an additional broker the Third Broker willing so to act, the Tenant, the Landlord or either broker previously designated may request the Greater Boston Real Estate Board, Inc. to designate a third broker the Third Broker willing so to act and a broker so appointed shall, for all purposes, have the same standing and powers as though he had been seasonably appointed by the brokers first appointedact. In case of the inability or refusal to serve of any person designated as a broker, or in case any broker for any reason ceases to be such, a broker to fill such vacancy shall be appointed by the Tenant, the Landlord, the Brokers brokers first appointed or the said Greater Boston Real Estate Board, Inc., as the case may be, whichever made the original appointment, or if the person who made the original appointment fails to fill such vacancy, upon application of any broker who continues to act or by the Landlord or Tenant Tenant, such vacancy may be filled by the said Greater Boston Real Estate Board, Inc. Any broker appointed by the Greater Boston Real Estate Board, Inc., and any broker so appointed pursuant to fill such vacancy shall the provisions hereof shall, for all purposes, have the same standing and powers as though he had been originally appointedappointed by the party originally designated to make such appointment by the terms hereof. [EXHIBITH FORM OF LETTER OF CREDIT BENEFICIARY: ISSUANCE DATE: 200 IRREVOCABLE STANDBY LETTER OF CREDIT NO. ACCOUNTEE/APPLICANT MAXIMUM/AGGREGATE CREDIT AMOUNT: US$ USD: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the applicant up to an aggregate amount not to exceed and /100 US Dollars (US $ available by your draft(s) drawn on ourselves at sight accompanied by: Your statement, signed by a purportedly authorized officer/official certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to the Lease (the "Lease") dated by and between , as Landlord, and , as Tenant's Storage Space] 195 XXXX XXXXXX XXXXXXX XXXERNATIONAL CORPORATION EXHIBIT H TENANT'S STORAGE SPACE EXHIBIT I NON-DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT THIS AGREEMENT is made and entered into as together with the original copy of this ______Letter of Credit and any amendments thereto which have been accepted by you. Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. You shall have the right to make partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferable at any time and from time to time without cost to Beneficiary. Except as otherwise expressly stated herein, this Letter of Credit is subject to the "Uniform Customs and practice for Documentary Credits, International Chamber of Commerce, Publication No. 500 (1993 Revision)." This Letter of Credit shall expire at our office on , 200_ day (the "Stated Expiration Date"). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year period s from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) (or any anniversary thereof) we shall notify you at the address specified in this Letter of Credit (or at such other address of which you may have notified us in writing) and the Accountee/Applicant in writing by registered mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. EXHIBIT J MHDLEASE [to be attached once finalized with MHD] EXHIBIT K LEASE AUDIT CONFIDENTIALITY AGREEMENT _________,20_ Re: Lease dated _(the "Lease") between ("Landlord") and_______("Tenant") respecting certain premises located at (the "Property") asmore particularly described in the Lease. To whom it may concern: You have been engaged by Tenant to review the books and records of Landlord respecting operating expenses for the Property for calendar years and/or________, 1991, by _ real estate taxes for fiscal years ------ Landlord is willing to allow you to review such books and among THE FIRST NATIONAL BANK OF BOSTON, a national banking association (hereinafter called records subject to and in consideration of the "Lender"), PAREXEL International Corporation (hereinafter called the "Tenant") terms and 200 Xxxx Xxxxxx Xxxited Partnership (hereinafter called the "Landlord").conditions set forth below: