Common use of GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION Clause in Contracts

GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, shall be done in a good and workmanlike manner and in compliance with all applicable laws and all lawful ordinances, regulations and orders of any governmental authority or insurer of the Building. Either party may inspect the work of the other at reasonable times and shall give notice of observed defects. Landlord shall not be responsible for any loss, damage, or injury resulting from the installation of any components, fixtures, or equipment provided they were appropriately specified and installed in accordance with the manufacturer's or supplier's instructions; provided, however, that Landlord shall assign any and all contractor's, manufacturer's and supplier's warranties with respect to all components, fixtures, or equipment, including, without limitation, Landlord's Contractor's warranty, to Tenant for the Term of this Lease, upon the expiration or sooner termination of which such warranties shall automatically revert to Landlord. Landlord's obligations under Section 3.1 and 3.2 with respect to each Phase of the Premises shall be deemed to have been performed on the Substantial Completion Data for such Phase except for items which are incomplete or do not conform with the requirements of Sections 3.1 and 3.2 and as to which Tenant shall in either case have given written notice to Landlord prior to such date. If Tenant does not provide such written notice prior to the Substantial Completion Date for each applicable Phase of the Premises, a certificate of completion by a licensed architect or registered engineer shall be conclusive evidence that Landlord has performed all such obligations except for items stated in such certificate to be incomplete or not in conformity with such requirements. Tenant will not make any alterations or additions to the Premises (other than the initial improvements to each Phase and the Second Floor Space made in accordance with Complete Plans approved by Landlord and Tenant, and any other improvements consistent therewith, provided the same are approved by Landlord, such approval not to be unreasonably withheld or delayed) without Landlord's approval, which approval shall not be unreasonably withheld or delayed provided that Landlord and Tenant shall agree in writing whether Tenant will be required to, permitted to or forbidden to, at Tenant's sole cost and expense, remove any such alteration or addition upon the expiration or termination of this Lease. Landlord's approval of any alteration or addition which is not a Minor Alteration (as defined below in this Section 3.3) shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such approval. In circumstances in which Tenant desires the right to remove additions or alterations at the expiration or termination of this Lease, Landlord shall reasonably agree, and such agreement shall not be unreasonably withheld or delayed (and shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such agreement), to permit such removal (i) where items installed by Tenant are in the nature of equipment, but are so affixed to Building that such items may be construed as fixtures or (ii) where additions or alterations of Tenant include specific items that after removal from the Building will have in the aggregate for each such alteration or addition a fair market value of $25,000.00 or greater. Tenant's rights to remove additions or alterations hereunder shall not apply to replacement of items included in initial build-out that are replaced due to the fact that such items have worn out or become substantially obsolete. In the event the Tenant is required to or permitted to remove any such alteration or addition, as a condition to Landlord's approval of such alteration or addition, Tenant shall agree in writing to readapt, repair and restore the Premises to the condition the same were in prior to such alteration or addition. Landlord will disapprove any alterations or additions requested by Tenant which will delay completion of the Premises or the Building, unless Tenant shall agree (a) to pay all costs associated with such alterations, additions and delay, (b) to extend the applicable Scheduled Substantial Completion for the period of such delay, and (c) that the Annual Fixed Rent and Additional Rent shall nonetheless begin to accrue from the date such Phase would have been completed but for such delay. All changes and additions shall be part of the Building except such items as by writing at the time of approval the parties agree either shall be removed by Tenant on termination of this Lease, or shall be removed or left at Tenant's election. Notwithstanding the foregoing, the parties hereby agree that for any non-structural alterations or additions to the Premises which do not involve modifications to the Building operating systems and for which the cost may be reasonably estimated to be less than $25,000 (each a "Minor Alteration"): (i) Landlord's prior written consent shall not be required unless such Minor Alteration requires a building permit from the City of Cambridge, in which case Landlord's reasonable consent shall be required, provided that such consent shall be deemed to have been given if Landlord fails to notify Tenant of its objection to such Minor Alteration within 2 days after Tenant's request for Landlord's consent with respect thereto, and (ii) upon the expiration or termination of this Lease, Tenant shall readapt, repair and restore the Premises to the condition the same were in prior to such Minor Alteration, regardless of whether Landlord's consent was required or obtained with respect thereto. The parties further agree that (a) any request for consent to any alteration or addition (including, without limitation, any Minor Alteration) shall be accompanied by drawings and specifications in reasonable detail given the size and scope of the proposed alteration or addition, and (b) Tenant shall furnish Landlord as-built drawings showing any and all alterations or additions (including, without limitation, any and all Minor Alterations) made by Tenant or any assignee, sublessee or licensee of Tenant within 30 days after completion of the same.

GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, shall be done in a good and workmanlike manner and in compliance with all applicable laws and all lawful ordinances, regulations and orders of any governmental authority or insurer and insurers of the Building. Either party may inspect the work of the other at reasonable times and shall promptly give notice of observed defects. Landlord shall not be responsible for any loss, damage, or injury resulting from the installation of any components, fixtures, or equipment provided they were appropriately specified and installed in accordance with the manufacturer's or supplier's instructions; provided, however, that Landlord shall assign any and all contractor's, manufacturer's and supplier's warranties with respect to all components, fixtures, or equipment, including, without limitation, Landlord's Contractor's warranty, to Tenant for the Term of this Lease, upon the expiration or sooner termination of which such warranties shall automatically revert to Landlord. Landlord's obligations under Section 3.1 and 3.2 with respect to each Phase of the Premises shall be deemed to have been performed on upon substantial completion of Tenant Work, exclusive of "punchlist items", when Tenant commences to occupy any portion of the Substantial Completion Data for such Phase Premises fox xxx Permitted Uses except for items which are incomplete or do not conform with the requirements of Sections 3.1 and Section 3.2 and as to which Tenant shall shall, in either case case, have given written notice to Landlord prior to such datecommencement. If Tenant does shall not provide such written notice prior have commenced to occupy the Substantial Completion Date Premises for each applicable Phase of the PremisesPermitted Uses within thirty (30) days after they are deemed ready for occupancy as provided in Section 3.2, a certificate of completion by a licensed architect or registered engineer shall be conclusive evidence that Landlord has performed all such obligations except for items stated in such certificate to be incomplete or not in conformity with such requirements. Tenant will not make any alterations or additions to the Premises (other than the initial improvements to each Phase and the Second Floor Space made in accordance with Complete Plans approved by Landlord and Tenant, and any other improvements consistent therewith, provided the same are approved by Landlord, such approval not to be unreasonably withheld or delayed) without Landlord's approval, which approval shall not be unreasonably withheld or delayed provided that General Contractor will warranty all work perfxxxxx xx their direction for a period of one year from delivery. Within five days of Tenant's occupancy both Landlord and Tenant shall agree in writing whether Tenant will mutually xxxxx on punchlists items to be required to, permitted to or forbidden to, at Tenant's sole cost and expense, remove any such alteration or addition upon the expiration or termination compxxxxx. Upon delivery of this Lease. Landlord's approval of any alteration or addition which is not a Minor Alteration "punch list" Landlord will have thirty (as defined below in this Section 3.330) shall be deemed days to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such approval. In circumstances in which Tenant desires the right to remove additions or alterations at the expiration or termination of this Lease, Landlord shall reasonably agreecomplete, and such agreement shall not be unreasonably withheld or delayed (and shall be deemed to reasonably have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such agreement), to permit such removal (i) where certain items installed by Tenant are in the nature of equipment, but are so affixed to Building that such items may be construed as fixtures or (ii) where additions or alterations of Tenant include specific items that after removal from the Building will have in the aggregate for each such alteration or addition a fair market value of $25,000.00 or greater. Tenant's rights to remove additions or alterations hereunder shall not apply to replacement of items included in initial build-out that are replaced due to the fact that such items have worn out or become substantially obsoleteunder prosecution. In the event that Landlord does not complete such "punchlist items" Tenant will have the Tenant is required right to or permitted to remove any such alteration or addition, as a condition to hire our own contractor at Landlord's approval of expense to complete such alteration or addition, Tenant shall agree in writing to readapt, repair and restore the Premises to the condition the same were in prior to such alteration or addition. Landlord will disapprove any alterations or additions requested by Tenant which will delay completion of the Premises or the Building, unless Tenant shall agree (a) to pay all costs associated with such alterations, additions and delay, (b) to extend the applicable Scheduled Substantial Completion for the period of such delay, and (c) that the Annual Fixed Rent and Additional Rent shall nonetheless begin to accrue from the date such Phase would have been completed but for such delay. All changes and additions shall be part of the Building except such items as by writing at the time of approval the parties agree either shall be removed by Tenant on termination of this Lease, or shall be removed or left at Tenant's election. Notwithstanding the foregoing, the parties hereby agree that for any non-structural alterations or additions to the Premises which do not involve modifications to the Building operating systems and for which the cost may be reasonably estimated to be less than $25,000 (each a "Minor Alteration"): (i) Landlord's prior written consent shall not be required unless such Minor Alteration requires a building permit from the City of Cambridge, in which case Landlord's reasonable consent shall be required, provided that such consent shall be deemed to have been given if Landlord fails to notify Tenant of its objection to such Minor Alteration within 2 days after Tenant's request for Landlord's consent with respect thereto, and (ii) upon the expiration or termination of this Lease, Tenant shall readapt, repair and restore the Premises to the condition the same were in prior to such Minor Alteration, regardless of whether Landlord's consent was required or obtained with respect thereto. The parties further agree that (a) any request for consent to any alteration or addition (including, without limitation, any Minor Alteration) shall be accompanied by drawings and specifications in reasonable detail given the size and scope of the proposed alteration or addition, and (b) Tenant shall furnish Landlord as-built drawings showing any and all alterations or additions (including, without limitation, any and all Minor Alterations) made by Tenant or any assignee, sublessee or licensee of Tenant within 30 days after completion of the samework.

GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, shall be done in a good and workmanlike manner and in compliance with all applicable laws and all lawful ordinances, regulations and orders of any governmental authority or insurer authorities (hereafter collectively referred to as the “Codes”), and the requirements of all insurers of the Building. Further, Landlord agrees to ensure that, as of the Commencement Date, all base building systems (i.e., HVAC, plumbing, electrical, elevators, etc.) shall be in good order and repair. Either party may inspect the work of the other at reasonable times and shall promptly give written notice of observed defects. Landlord , provided that any inspection or right to inspect is solely for the benefit of the party having such right, and shall not be responsible for constitute a representation or warranty to the other party or create any loss, damage, or injury resulting from the installation of any components, fixtures, or equipment provided they were appropriately specified and installed in accordance with the manufacturer's or supplier's instructions; provided, however, that Landlord shall assign any and all contractor's, manufacturer's and supplier's warranties liability with respect to all components, fixtures, the party performing the inspection or equipment, including, without limitation, Landlord's Contractor's warranty, to Tenant for the Term of this Lease, upon the expiration or sooner termination of which having such warranties shall automatically revert to Landlordright. Landlord's ’s obligations under Section 3.1 and 3.2 with respect to each Phase of the Premises shall be deemed to have been performed on when the Substantial Completion Data Premises are deemed Ready for such Phase Occupancy except for items which are incomplete or do not conform with the requirements of Sections Section 3.1 and 3.2 and as to which Tenant shall shall, in either case have given case, provide written notice to Landlord prior on or around the date when the Premises are deemed Ready for Occupancy (other than as to such datelatent defects). If Tenant does not provide such written notice prior to occupy the Substantial Completion Date Premises for each applicable Phase of the PremisesPermitted Uses within thirty (30) days after they are deemed Ready for Occupancy as provided in Section 3.2, a certificate of completion by a licensed architect or registered engineer shall be conclusive evidence that Landlord has performed all such obligations obligations, except for items stated in such certificate to be incomplete or not in conformity with such requirements. Tenant will not make any alterations or additions to the Premises (other than the initial improvements to each Phase requirements and the Second Floor Space made in accordance with Complete Plans approved by Landlord and Tenant, and any other improvements consistent therewith, provided the same are approved by Landlord, such approval not to be unreasonably withheld or delayed) without Landlord's approval, which approval shall not be unreasonably withheld or delayed provided that Landlord and Tenant shall agree in writing whether Tenant will be required to, permitted to or forbidden to, at Tenant's sole cost and expense, remove any such alteration or addition upon the expiration or termination of this Lease. Landlord's approval of any alteration or addition which is not a Minor Alteration (as defined below in this Section 3.3) shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such approval. In circumstances in which Tenant desires the right to remove additions or alterations at the expiration or termination of this Lease, Landlord shall reasonably agree, and such agreement shall not be unreasonably withheld or delayed (and shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such agreement), to permit such removal (i) where items installed by Tenant are in the nature of equipment, but are so affixed to Building that such items may be construed as fixtures or (ii) where additions or alterations of Tenant include specific items that after removal from the Building will have in the aggregate for each such alteration or addition a fair market value of $25,000.00 or greater. Tenant's rights to remove additions or alterations hereunder shall not apply to replacement of items included in initial build-out that are replaced due to the fact that such items have worn out or become substantially obsolete. In the event the Tenant is required to or permitted to remove any such alteration or addition, as a condition to Landlord's approval of such alteration or addition, Tenant shall agree in writing to readapt, repair and restore the Premises to the condition the same were in prior to such alteration or addition. Landlord will disapprove any alterations or additions requested by Tenant which will delay completion of the Premises or the Building, unless Tenant shall agree (a) to pay all costs associated with such alterations, additions and delay, (b) to extend the applicable Scheduled Substantial Completion for the period of such delay, and (c) that the Annual Fixed Rent and Additional Rent shall nonetheless begin to accrue from the date such Phase would have been completed but for such delay. All changes and additions shall be part of the Building except such items as by writing at the time of approval the parties agree either shall be removed by Tenant on termination of this Lease, or shall be removed or left at Tenant's election. Notwithstanding the foregoing, the parties hereby agree that for any non-structural alterations or additions to the Premises which do not involve modifications to the Building operating systems and for which the cost may be reasonably estimated to be less than $25,000 (each a "Minor Alteration"): (i) Landlord's prior written consent shall not be required unless such Minor Alteration requires a building permit from the City of Cambridge, in which case Landlord's reasonable consent shall be required, provided that such consent shall be deemed to have been given if Landlord fails to notify Tenant of its objection to such Minor Alteration within 2 days after Tenant's request for Landlord's consent with respect thereto, and (ii) upon the expiration or termination of this Lease, Tenant shall readapt, repair and restore the Premises to the condition the same were in prior to such Minor Alteration, regardless of whether Landlord's consent was required or obtained with respect thereto. The parties further agree that (a) any request for consent to any alteration or addition (including, without limitation, any Minor Alteration) shall be accompanied by drawings and specifications in reasonable detail given the size and scope of the proposed alteration or addition, and (b) Tenant shall furnish Landlord as-built drawings showing any and all alterations or additions (including, without limitation, any and all Minor Alterations) made by Tenant or any assignee, sublessee or licensee of Tenant within 30 days after completion of the samelatent defects.

GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, shall be done in a good and workmanlike manner and in compliance with all applicable laws and all lawful ordinances, regulations and orders of any governmental authority or insurer and insurers of the Building. Either party may inspect the work of the other at reasonable times and shall give notice of observed defects. Landlord shall not be responsible for any loss, damage, or injury resulting from the installation All of any components, fixtures, or equipment provided they were appropriately specified and installed in accordance with the manufacturer's or supplier's instructions; provided, however, that Landlord shall assign any and all contractor's, manufacturer's and supplier's warranties with respect to all components, fixtures, or equipment, including, without limitation, Landlord's Contractor's warranty, to Tenant for the Term of this Lease, upon the expiration or sooner termination of which such warranties shall automatically revert to Landlord. Landlord's obligations under Section 3.1 and 3.2 with respect to each Phase of the Premises 3 shall be deemed to have been performed on when Landlord gives Tenant (i) a certificate of occupancy from the Substantial Completion Data for such Phase Town of Framingham, Massachusetts, and (ii) a written certificate from Landlord's architect stating that the Premises are substantially complete within the meaning of Section 3.3(b), except for punch-list items which are then incomplete or do not conform with the requirements of Sections 3.1 and 3.2 this Section 3 and as to which Tenant shall in either case have given written notice to Landlord prior to such date. If the date Tenant does not provide such written notice prior to the Substantial Completion Date for each applicable Phase takes occupancy of the Premises, a certificate of completion by a licensed architect or registered engineer shall be conclusive evidence that Landlord has performed all such and Landlord's obligations except for with respect to the items stated included in such certificate to be incomplete or not in conformity with such requirements. Tenant will not make any alterations or additions to the Premises (other than the initial improvements to each Phase and the Second Floor Space made in accordance with Complete Plans approved by Landlord and Tenant, and any other improvements consistent therewith, provided the same are approved by Landlord, such approval not to be unreasonably withheld or delayed) without Landlord's approval, which approval shall not be unreasonably withheld or delayed provided that Landlord and Tenant shall agree in writing whether Tenant will be required to, permitted to or forbidden to, at Tenant's sole cost and expense, remove any such alteration or addition upon the expiration or termination of this Lease. Landlord's approval of any alteration or addition which is not a Minor Alteration (as defined below in this Section 3.3) notice shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 performed five business days after Tenant's request for such approval. In circumstances in which Tenant desires the right to remove additions or alterations at the expiration or termination of this Lease, Landlord shall reasonably agree, and such agreement shall not be unreasonably withheld or delayed (and shall be deemed to have been given if Landlord fails to notify notified Tenant of its objection thereto within 10 business days after Tenant's request for such agreement), to permit such removal (i) where items installed by Tenant are in the nature of equipment, but are so affixed to Building that such items may be construed as fixtures or (ii) where additions or alterations of Tenant include specific items that after removal from the Building will have in the aggregate for each such alteration or addition a fair market value of $25,000.00 or greater. Tenant's rights to remove additions or alterations hereunder shall not apply to replacement of items included in initial build-out that are replaced due to the fact that such items have worn out or become substantially obsolete. In the event the Tenant is required to or permitted to remove any such alteration or addition, as a condition to Landlord's approval of such alteration or addition, Tenant shall agree in writing to readapt, repair and restore the Premises to the condition that the same were in prior to such alteration or addition. Landlord will disapprove any alterations or additions requested by Tenant which will delay completion of the Premises or the Building, unless Tenant shall agree (a) to pay all costs associated with such alterations, additions and delay, (b) to extend the applicable Scheduled Substantial Completion for the period of such delay, and (c) that the Annual Fixed Rent and Additional Rent shall nonetheless begin to accrue from the date such Phase would have been completed but for unless during such delayfive day period Tenant shall give written notice to Landlord to the contrary. All changes and additions shall be part In addition to the foregoing, so long as Tenant shall, on or before the first (1st) anniversary of the Building except such items as by writing Term Commencement Date, provide Landlord with written notice of a defect in workmanship or materials in connection with Landlord's TI Work, which defect was not reasonably discoverable at the time of approval Tenant delivered Landlord its punch list pursuant to the parties agree either shall be removed by Tenant on termination immediately preceding paragraph of this LeaseSection 3.4, or then Landlord shall be removed or left at Tenant's election. Notwithstanding the foregoing, the parties hereby agree that for any non-structural alterations or additions to the Premises which do not involve modifications to the Building operating systems and for which the cost may be reasonably estimated to be less than $25,000 repair such defect within thirty (each a "Minor Alteration"): 30) days after such notice (i) Landlord's prior written consent shall not be required unless such Minor Alteration requires a building permit from the City of Cambridge, in which case Landlord's reasonable consent shall be required, provided that such consent shall be deemed notice is given to have been given if Landlord fails to notify Tenant of its objection to such Minor Alteration within 2 days after Tenant's request for Landlord's consent with respect thereto, and (ii) upon on or before the expiration or termination of this Lease, Tenant shall readapt, repair and restore the Premises to the condition the same were in prior to such Minor Alteration, regardless of whether Landlord's consent was required or obtained with respect thereto. The parties further agree that (a) any request for consent to any alteration or addition (including, without limitation, any Minor Alteration) shall be accompanied by drawings and specifications in reasonable detail given the size and scope 1st anniversary of the proposed alteration or addition, and (b) Tenant shall furnish Landlord as-built drawings showing any and all alterations or additions (including, without limitation, any and all Minor Alterations) made by Tenant or any assignee, sublessee or licensee of Tenant within 30 days after completion of the sameTerm Commencement Date.

GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, Lease shall be done in a good and workmanlike manner and in compliance with all applicable laws laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders and requirements of all public authorities ("Legal Requirements") and all lawful ordinances, regulations and orders requirements of any governmental authority or insurer insurers of the BuildingBuilding ("Insurance Requirements"). Either All of Tenant's work shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times and shall promptly give notice of observed defects. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party's behalf by any Construction Representative of the party named in Section 1.1 or any person hereafter designated in substitution or addition by notice to the party relying. Except as otherwise provided in Article IV, the work required of Landlord pursuant to this Article III shall not be responsible for any loss, damage, or injury resulting from the installation of any components, fixtures, or equipment provided they were appropriately specified and installed in accordance with the manufacturer's or supplier's instructions; provided, however, that Landlord shall assign any and all contractor's, manufacturer's and supplier's warranties with respect to all components, fixtures, or equipment, including, without limitation, Landlord's Contractor's warranty, to deemed approved by Tenant for the Term of this Lease, upon the expiration or sooner termination of which such warranties shall automatically revert to Landlord. Landlord's obligations under Section 3.1 and 3.2 with respect to each Phase when Tenant commences occupancy of the Premises shall be deemed to have been performed on for the Substantial Completion Data for such Phase Permitted Uses, except for (i) items which are incomplete or do uncompleted (including punch list items and long lead items) at the time Tenant commences occupancy, (ii) items as to which Tenant shall have given notice to Landlord within thirty (30) days of the Commencement Date and (iii) items which could not conform with readily have been discovered in the requirements exercise of Sections 3.1 and 3.2 reasonable diligence within the thirty (30) day period set forth in subsection (ii) above and as to which Tenant shall in either case have given written notice to Landlord prior to such date. If Tenant does not provide such written notice prior to no later than twelve (12) months after the Substantial Completion Date for each applicable Phase of the Premises, a certificate of completion by a licensed architect or registered engineer shall be conclusive evidence that Landlord has performed all such obligations except for items stated in such certificate to be incomplete or not in conformity with such requirements. Tenant will not make any alterations or additions to the Premises (other than the initial improvements to each Phase and the Second Floor Space made date Landlord's Work is deemed substantially complete in accordance with Complete Plans approved by Landlord and Tenant, and any other improvements consistent therewith, provided the same are approved by Landlord, such approval not to be unreasonably withheld or delayed) without Landlord's approval, which approval shall not be unreasonably withheld or delayed provided that Landlord and Tenant shall agree in writing whether Tenant will be required to, permitted to or forbidden to, at Tenant's sole cost and expense, remove any such alteration or addition upon the expiration or termination of this Lease. Landlord's approval of any alteration or addition which is not a Minor Alteration (as defined below in this Section 3.3) shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such approval. In circumstances in which Tenant desires the right to remove additions or alterations at the expiration or termination of this Lease, Landlord shall reasonably agree, and such agreement shall not be unreasonably withheld or delayed (and shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such agreement), to permit such removal (i) where items installed by Tenant are in the nature of equipment, but are so affixed to Building that such items may be construed as fixtures or (ii) where additions or alterations of Tenant include specific items that after removal from the Building will have in the aggregate for each such alteration or addition a fair market value of $25,000.00 or greater. Tenant's rights to remove additions or alterations hereunder shall not apply to replacement of items included in initial build-out that are replaced due to the fact that such items have worn out or become substantially obsolete. In the event the Tenant is required to or permitted to remove any such alteration or addition, as a condition to Landlord's approval of such alteration or addition, Tenant shall agree in writing to readapt, repair and restore the Premises to the condition the same were in prior to such alteration or addition. Landlord will disapprove any alterations or additions requested by Tenant which will delay completion of the Premises or the Building, unless Tenant shall agree (a) to pay all costs associated with such alterations, additions and delay, (b) to extend the applicable Scheduled Substantial Completion for the period of such delay, and (c) that the Annual Fixed Rent and Additional Rent shall nonetheless begin to accrue from the date such Phase would have been completed but for such delay. All changes and additions shall be part of the Building except such items as by writing at the time of approval the parties agree either shall be removed by Tenant on termination of this Lease, or shall be removed or left at Tenant's election. Notwithstanding the foregoing, the parties hereby agree that for any non-structural alterations or additions to the Premises which do not involve modifications to the Building operating systems and for which the cost may be reasonably estimated to be less than $25,000 (each a "Minor Alteration"): (i) Landlord's prior written consent shall not be required unless such Minor Alteration requires a building permit from the City of Cambridge, in which case Landlord's reasonable consent shall be required, provided that such consent shall be deemed to have been given if Landlord fails to notify Tenant of its objection to such Minor Alteration within 2 days after Tenant's request for Landlord's consent with respect thereto, and (ii) upon the expiration or termination of this Lease, Tenant shall readapt, repair and restore the Premises to the condition the same were in prior to such Minor Alteration, regardless of whether Landlord's consent was required or obtained with respect thereto. The parties further agree that (a) any request for consent to any alteration or addition (including, without limitation, any Minor Alteration) shall be accompanied by drawings and specifications in reasonable detail given the size and scope of the proposed alteration or addition, and (b) Tenant shall furnish Landlord as-built drawings showing any and all alterations or additions (including, without limitation, any and all Minor Alterations) made by Tenant or any assignee, sublessee or licensee of Tenant within 30 days after completion of the same3.1 above.

GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, shall be done in a good and workmanlike manner and in compliance with all applicable laws and all lawful ordinances, regulations and orders of any governmental authority or insurer and insurers of the Building. Either party may inspect the work of the other at reasonable times times. Landlord and Tenant shall perform a walk-through of the Premises at a mutually convenient time prior to the substantial completion date, and Landlord shall promptly thereafter provide Tenant with a draft punchlist for review and comment. Tenant shall give Landlord notice of any incomplete or defective items in the Landlord’s Work that are observed defects. Landlord shall not be responsible for any loss, damage, or injury resulting from the installation of any components, fixtures, or equipment provided they were appropriately specified and installed in accordance with the manufacturer's or supplier's instructions; provided, however, that Landlord shall assign any and all contractor's, manufacturer's and supplier's warranties with respect to all components, fixtures, or equipment, by Tenant (including, without limitation, Landlord's Contractor's warrantypunch list items, to Tenant for the Term of this Lease, upon the expiration or sooner termination of which such warranties shall automatically revert be added to Landlord. Landlord's obligations under Section 3.1 ’s punchlist) within thirty (30) days after the Commencement Date, and 3.2 with respect Landlord shall diligently cause such items to each Phase of the Premises shall be deemed to have been performed on the Substantial Completion Data for completed within thirty (30) days after such Phase except for items which are incomplete or do not conform with the requirements of Sections 3.1 and 3.2 and as to which Tenant shall in either case have given written notice to Landlord prior to such datenotice. If Tenant does shall not provide such written notice prior to the Substantial Completion Date for each applicable Phase have identified any uncompleted items within thirty (30) days after receipt of the Premises, a certificate of completion by a licensed architect or registered engineer (as to either, not affiliated with Landlord) stating that all required work has been completed, such certificate shall be conclusive evidence that Landlord has performed all such obligations except for items stated in such certificate to be incomplete or not in conformity with such requirements, and punch list items of which Tenant has notified Landlord and Landlord has not yet completed. Tenant will not make shall give notice to Landlord of any alterations other incomplete or additions to the Premises (other defective items thereafter observed no later than the initial improvements end of the standard one-year warranty period for Landlord’s Work under Landlord’s construction contract with GCCI, and after receipt of such notice Landlord shall diligently cause any such items to each Phase and the Second Floor Space made be corrected in accordance with Complete Plans approved by Landlord and Tenant, and any other improvements consistent therewith, provided the same are approved by Landlord, such approval not to be unreasonably withheld or delayed) without Landlord's approval, which approval shall not be unreasonably withheld or delayed provided that Landlord and Tenant shall agree in writing whether Tenant will be required to, permitted to or forbidden to, at Tenant's sole cost and expense, remove any such alteration or addition upon the expiration or termination of this Lease. Landlord's approval of any alteration or addition which is not a Minor Alteration (as defined below in this Section 3.3) shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such approval. In circumstances in which Tenant desires the right to remove additions or alterations at the expiration or termination of this Lease, Landlord shall reasonably agree, and such agreement shall not be unreasonably withheld or delayed (and shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such agreement), to permit such removal (i) where items installed by Tenant are in the nature of equipment, but are so affixed to Building that such items may be construed as fixtures or (ii) where additions or alterations of Tenant include specific items that after removal from the Building will have in the aggregate for each such alteration or addition a fair market value of $25,000.00 or greater. Tenant's rights to remove additions or alterations hereunder shall not apply to replacement of items included in initial build-out that are replaced due to the fact that such items have worn out or become substantially obsolete. In the event the Tenant is required to or permitted to remove any such alteration or addition, as a condition to Landlord's approval of such alteration or addition, Tenant shall agree in writing to readapt, repair and restore the Premises to the condition the same were in prior to such alteration or addition. Landlord will disapprove any alterations or additions requested by Tenant which will delay completion of the Premises or the Building, unless Tenant shall agree (a) to pay all costs associated with such alterations, additions and delay, (b) to extend the applicable Scheduled Substantial Completion for the period of such delay, and (c) that the Annual Fixed Rent and Additional Rent shall nonetheless begin to accrue from the date such Phase would have been completed but for such delay. All changes and additions shall be part of the Building except such items as by writing at the time of approval the parties agree either shall be removed by Tenant on termination of this Lease, or shall be removed or left at Tenant's election. Notwithstanding the foregoing, the parties hereby agree that for any non-structural alterations or additions to the Premises which do not involve modifications to the Building operating systems and for which the cost may be reasonably estimated to be less than $25,000 (each a "Minor Alteration"): (i) Landlord's prior written consent shall not be required unless such Minor Alteration requires a building permit from the City of Cambridge, in which case Landlord's reasonable consent shall be required, provided that such consent shall be deemed to have been given if Landlord fails to notify Tenant of its objection to such Minor Alteration within 2 days after Tenant's request for Landlord's consent with respect thereto, and (ii) upon the expiration or termination of this Lease, Tenant shall readapt, repair and restore the Premises to the condition the same were in prior to such Minor Alteration, regardless of whether Landlord's consent was required or obtained with respect thereto. The parties further agree that (a) any request for consent to any alteration or addition (including, without limitation, any Minor Alteration) shall be accompanied by drawings and specifications in reasonable detail given the size and scope of the proposed alteration or addition, and (b) Tenant shall furnish Landlord as-built drawings showing any and all alterations or additions (including, without limitation, any and all Minor Alterations) made by Tenant or any assignee, sublessee or licensee of Tenant within 30 days after completion of the same3.6.

GENERAL PROVISIONS APPLICABLE TO CONSTRUCTION. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, shall be done in a good and workmanlike manner and in compliance with all applicable laws and all lawful ordinances, regulations and orders of any governmental authority or insurer of the Building. Either party may inspect the work of the other at reasonable times and shall give notice of observed defects. Landlord shall not be responsible for any loss, damage, or injury resulting from the installation of any components, fixtures, or equipment provided they were appropriately specified and installed in accordance with the manufacturer's or supplier's instructions; provided, however, that Landlord shall assign any and all contractor's, manufacturer's and supplier's warranties with respect to all components, fixtures, or equipment, including, without limitation, Landlord's Contractor's warrantywarranty (which shall be for a period of at lease one [1] year) as to construction completed in connection with the Tenant Improvements, to Tenant for the Term of this Lease, upon the expiration or sooner termination of which such warranties shall automatically revert to Landlord. Landlord's obligations under Section 3.1 and 3.2 with respect to each Phase of the Premises shall be deemed to have been performed on the Substantial Completion Data for such Phase Date except for items which are incomplete or do not conform with the requirements of Sections 3.1 and 3.2 and as to which Tenant shall in either case have given written notice to Landlord prior to such date. If Tenant does not provide such written notice prior to the Substantial Completion Date for each applicable Phase of the PremisesDate, a certificate of completion by a licensed architect or registered engineer shall be conclusive evidence (exclusive of latent defects) that Landlord has performed all such obligations except for items stated in such certificate to be incomplete or not in conformity with such requirements. Tenant will not make any alterations or additions to the Premises (other than the initial improvements to each Phase and the Second Floor Space made in accordance with the Complete Plans approved by Landlord and Tenant, and any other improvements consistent therewith, provided the same are approved by Landlord, such approval not to be unreasonably withheld or delayed) without Landlord's approval, approval which approval consent shall not be unreasonably withheld withheld, conditioned or delayed provided that Landlord and Tenant shall agree in writing whether Tenant will be required to, permitted to or forbidden to, at Tenant's sole cost and expense, remove any such alteration or addition upon the expiration or termination of this Lease. Landlord's approval of any alteration or addition which is not a Minor Alteration (as defined below in this Section 3.3) shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such approval. In circumstances in which Tenant desires the right to remove additions or alterations at the expiration or termination of this Lease, Landlord shall reasonably agree, and such agreement shall not be unreasonably withheld or delayed (and shall be deemed to have been given if Landlord fails to notify Tenant of its objection thereto within 10 business days after Tenant's request for such agreement), to permit such removal (i) where items installed by Tenant are in the nature of equipment, but are so affixed to Building that such items may be construed as fixtures or (ii) where additions or alterations of Tenant include specific items that after removal from the Building will have in the aggregate for each such alteration or addition a fair market value of $25,000.00 or greater. Tenant's rights to remove additions or alterations hereunder shall not apply to replacement of items included in initial build-out that are replaced due to the fact that such items have worn out or become substantially obsolete. In the event the Tenant is required to or permitted to remove any such alteration or addition, as a condition to Landlord's approval of such alteration or addition, Tenant shall agree in writing to readapt, repair and restore the Premises to the condition the same were in prior to such alteration or additiondelayed. Landlord will disapprove any alterations or additions requested by Tenant which will delay completion of the Premises or the Building, unless Tenant shall agree (a) to pay all costs associated with such alterations, additions and delay, (b) to extend the applicable Scheduled Substantial Completion for the period of such delay, and (c) that the Annual Fixed Rent and Additional Rent shall nonetheless begin to accrue from the date such Phase the Premises would have been completed but for such delay. All changes and additions shall be part of the Building except Tenant's equipment (a list of which shall be provided to Landlord upon Commencement of the Lease) and except such items as by writing at the time of approval the parties agree either shall be removed by Tenant on termination of this Lease, or shall be removed or left at Tenant's election. Notwithstanding the foregoing, the parties hereby agree that for any non-structural alterations or additions to the Premises which do not involve modifications to the Building operating systems and for which the cost may be reasonably estimated to be less than $25,000 and shall be generic in form (each a "Minor Alteration") (generic meaning that such space will be easily usable for other tenants): (i) Landlord's prior written consent shall not be required unless such Minor Alteration requires a building permit from the City of Cambridge, in which case Landlord's reasonable consent shall be required, provided that such consent shall be deemed to have been given if Landlord fails to notify Tenant of its objection to such Minor Alteration within 2 days after Tenant's request for Landlord's consent with respect thereto, and (ii) upon the expiration or termination of this Lease, Tenant shall readapt, repair and restore the Premises to the condition the same were in prior to such Minor Alteration, regardless of whether Landlord's consent was required or obtained with respect thereto. The parties further agree that (a) any request for consent to any alteration or addition (including, without limitation, any Minor Alteration) shall be accompanied by drawings and specifications in reasonable detail given the size and scope of the proposed alteration or additionaddition both in printed form and on diskette in CAD format compatible and consistent with existing as-built plans for the Building, and (b) Tenant shall furnish Landlord as-built drawings showing any and all alterations or additions (including, without limitation, any and all Minor Alterations) made by Tenant or any assignee, sublessee or licensee of Tenant within 30 days after completion of the same.