Common use of HOLDOVER TENANTS Clause in Contracts

HOLDOVER TENANTS. If Tenant shall timely exercise its rights under this Section 2.9 with respect to any Available ROFO Space designated in Landlord’s ROFO Notice, and if, thereafter, the then occupant of the applicable Available ROFO Premises with respect to which Tenant shall have so exercised such right wrongfully fails to deliver possession of such Available ROFO Space at the time when its tenancy is scheduled to expire, commencement of the term of Tenant’s occupancy and lease of such additional space shall, in the event of such holding over by such occupant, be deferred until possession of the additional space is delivered to Tenant. Landlord shall use commercially reasonable efforts to obtain possession of such ROFO Premises; provided, however, Landlord shall not be obligated commence legal proceedings against the holdover tenant. Except as set forth in this paragraph, the failure of the then occupant of such premises to so vacate shall not give Tenant any right to terminate this Lease or to deduct from, offset against, or withhold Annual Fixed Rent or Additional Rent or other charges payable under this Lease or any portions thereof. If any such hold-over exceeds six (6) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Available ROFO Space by giving to Landlord a written cancellation notice, provided, however, that if Landlord delivers the Available ROFO Space to Tenant on or before the date thirty (30) days after Landlord receives such cancellation notice, such cancellation notice shall be void and without further force or effect.

HOLDOVER TENANTS. If Tenant The rent abatement and termination rights for late delivery of the Premises set forth in the Work Agreement attached hereto as Exhibit B‑1 shall timely exercise its rights under not be applicable to late delivery of the Expansion Premises and Tenant’s remedies shall instead be as set forth in this Section 2.9 with respect to 11.1(B)(4). In the event that any Available ROFO Space designated in Landlord’s ROFO Notice, and if, thereafter, the then occupant tenant of any portion of the applicable Available ROFO Expansion Premises with respect to which Tenant shall have so exercised and any parties claiming by, through or under such right tenant wrongfully fails to deliver possession of such Available ROFO Space premises at the time when its such tenant’s tenancy is scheduled to expire, Landlord shall use or shall cause its affiliates to use, as applicable, reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to recover from such occupant any Expansion Premises Hold Over Premium (as defined below) payable by such occupant. In such event, the commencement of the term of Tenant’s occupancy and lease of such additional space the Expansion Premises (including, without limitation, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect thereto) shall, in the event of such holding over by such occupant, be deferred until possession of the additional such space is delivered to Tenant. Landlord shall use commercially reasonable efforts to obtain possession of such ROFO Premises; provided, however, Landlord shall not be obligated commence legal proceedings against the holdover tenant. Except as set forth in this paragraph, the The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against, against or withhold Annual Fixed Rent or Additional Rent or other charges payable under this Lease (or any portions thereof. If any such hold-over exceeds six (6) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Available ROFO Space by giving to Landlord a written cancellation notice, ); provided, however, that Tenant shall have the right to require Landlord to pay to Tenant fifty percent (50%) of the net amount (i.e. net of the costs and expenses, including, attorneys’ fees, incurred by Landlord in obtaining such Expansion Premises Hold Over Premium) of any Expansion Premises Hold-Over Premium received by Landlord from such hold-over occupant relative to periods from and after the thirty-first (31st) day of any hold-over, when and if Landlord delivers receives any such payment. For the Available ROFO Space to Tenant on or before purposes hereof, the date thirty (30) days after Landlord receives such cancellation notice, such cancellation notice term “Expansion Premises Hold Over Premium” shall be void defined as the amount (if any) which a hold-over occupant of any portion of the Expansion Premises is required to pay to Landlord in respect of its hold-over in the Expansion Premises (whether characterized as rent, damages, or use and without further force or effectoccupation) in excess of the amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancy.

HOLDOVER TENANTS. If Tenant shall timely exercise its rights under this Section 2.9 8 with respect to any Available ROFO the Additional Space designated in Landlord’s ROFO Notice, Notice and if, thereafter, the then occupant of the applicable Available ROFO Premises Additional Space with respect to which Tenant shall have so exercised such right wrongfully fails to deliver possession of such Available ROFO Space premises at the time when its tenancy is scheduled to expire, Landlord shall use reasonable efforts and due diligence to evict such occupant from such space and to deliver possession thereof to Tenant. In such event, the commencement of the term of Tenant’s occupancy and lease of such additional space shall, in the event of such holding over by such occupant, be deferred until possession of the additional space is delivered to Tenant. Landlord shall use commercially reasonable efforts to obtain possession of such ROFO Premises; provided, however, Landlord shall not be obligated commence legal proceedings against the holdover tenant. Except as set forth in this paragraph, the The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset againstagainst or withhold annual fixed rent or additional rent; provided, however, that Tenant shall have the right to require Landlord to pay to Tenant the net (i.e. net of the costs and expenses, including attorneys’ fees, incurred by Landlord in obtaining such ROFO Hold Over Premium) amount of any ROFO Hold Over Premium received by Landlord from such hold over occupant, when and if Landlord receives any such payment. For the purposes hereof, the term “ROFO Hold Over Premium” shall be defined as the amount (if any) which a hold over occupant of any portion of Additional Space actually pays to Landlord in respect of its hold over in the premises (whether characterized as rent, damages, or withhold Annual Fixed Rent or Additional Rent or use and occupation) in excess of the amount of fixed rent and other charges payable which the tenant under this Lease or any portions thereofwhom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold over at the same rental rate as such tenant was required to pay during the last month of its tenancy. If any such hold-over exceeds six nine (69) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Available ROFO Additional Space by giving to Landlord a written cancellation notice, provided, however, that if Landlord delivers the Available ROFO Additional Space to Tenant on or before the date thirty (30) days after Landlord receives such cancellation notice, such cancellation notice shall be void and without further force or effect.

HOLDOVER TENANTS. (A) If Tenant shall timely exercise its rights under this Section 2.9 with respect to any Available ROFO Space designated in Landlord’s ROFO Notice, and if, thereafter, the then occupant portion of the applicable Available ROFO any Premises Component with respect to which Tenant shall have so has duly exercised its rights under this Article XVII (any such right wrongfully space being hereinafter referred to as “Tenant’s Expansion Space”) is occupied by a third party and if such third party occupant fails to deliver possession of such Available ROFO Space at space on or before the time when its tenancy is scheduled to expire, commencement of the term of Anticipated Delivery Date associated with such Tenant’s occupancy Expansion Space, Landlord shall use reasonable efforts and lease due diligence (which shall be limited to the commencement and prosecution of eviction proceeding but shall not require the taking of any appeal) to evict such additional space shalloccupant from such space, and to recover from such occupant any Hold-Over Premium, as defined in the event of such holding over Section 17.9(B) below, payable by such occupant, be deferred until possession of the additional space is delivered to Tenant. Landlord shall use commercially reasonable efforts to obtain possession of such ROFO Premises; provided, however, Landlord shall not be obligated commence legal proceedings against the holdover tenant. Except as set forth in this paragraph, the The failure of the then occupant of such premises space to so vacate shall not give Tenant any right to terminate this Lease or to deduct from, offset against, against or withhold Annual Fixed Rent or Rent, Additional Rent or any other charges amount payable under this Lease (or any portions thereof. If any ); except that if such hold-hold over exceeds six (6) months, then Tenant may, within ten (10) business days after such date, may cancel the exercise of its option to lease such portion of the Available ROFO Tenant’s Expansion Space by giving to Landlord a written cancellation noticenotice (an “Expansion Cancellation Notice”). If Landlord, provided, however, that if Landlord delivers the Available ROFO Space to Tenant on or before the date thirty (30) days after Landlord receives such cancellation notice, delivers such Tenant’s Expansion Space to Tenant, then such cancellation notice shall be void and without further force or effect. If Landlord fails to deliver such Tenant’s Expansion Space on or before the date thirty (30) days after Landlord receives such cancellation notice, then Tenant’s exercise of its right to lease such portion of such Tenant’s Expansion Space shall be void and without further force or effect. (B) If the date by which the delivery to Tenant of any full floor, or portion of a full floor, comprising all or a portion of a Premises Component that, pursuant to this Article XVII, is to be incorporated into the Premises (a “Delayed Delivery Space”) is delayed on account of such holding over, then with respect to the first sixty (60) days of any such holding over, Landlord shall pay to Tenant the net (i.e. net of the costs and expenses, including attorneys’ fees, incurred by Landlord in obtaining such Hold-Over Premium) amount of any Hold-Over Premium actually collected from such hold-over occupant with respect to the applicable Delayed Delivery Space, but otherwise there shall be no compensation to Tenant due to the delay in delivery by Landlord to Tenant of the Delayed Delivery Space. (C) If the delay in delivery to Tenant of the Delayed Delivery Space on account of such holding over exceeds sixty (60) days, then with respect to the one hundred twenty (120) day period that follows the aforesaid sixty (60) day period: (i) Landlord shall pay to Tenant the net (i.e. net of the costs and expenses, including attorneys’ fees, incurred by Landlord in obtaining such Hold-Over Premium) amount of any Hold-Over Premium due from such hold-over occupant with respect to the applicable Delayed Delivery Space (notwithstanding that Landlord may not actually collect or receive any such payment), or (ii) Annual Fixed Rent payable by Tenant with respect to the applicable Delayed Delivery Space shall be abated by one (1) day for every day from and after the sixtieth (60th) day that the delivery of the applicable Delayed Delivery Space is delayed on account of such holding over, whichever calculation yields the lesser amount. After such one hundred twenty (120) day period, Tenant’s sole remedy for the failure to have been delivered the Delayed Delivery Space is to give an Expansion Cancellation Notice with respect to the same. (D) For the purposes hereof, the “Hold-Over Premium” shall be defined as the amount which a hold-over occupant of the Delayed Delivery Space is required to pay to Landlord in respect of its hold-over in the premises (whether characterized as rent, damages, or use and occupation) from and after that date which is thirty (30) days from the date on which such space was required to be delivered to Tenant under this Lease in excess of the amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancy. In connection with the foregoing, Landlord hereby represents and warrants that all of the existing leases for potential Premises Components to be incorporated into the Premises pursuant to Article XVII do contain, and any future leases for such potential Premises Components will contain, provisions requiring hold-over tenants to pay some premium over and above their fixed rent for their continued occupancy of their premises beyond the expiration or earlier termination of their lease terms. EXECUTED as a sealed instrument in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.2 above. LANDLORD: BP FOUR CC LLC, a Delaware limited liability company By: Boston Properties Limited Partnership its manager By: Boston Properties, Inc., its general partner By: Name: Title: TENANT: ATTEST: AKAMAI TECHNOLOGIES, INC., a Delaware corporation By: By: Name: Name: Title: Secretary or Assistant Secretary Title: President or Vice President Hereunto duly authorized By: Name: Title: Treasurer or Assistant Treasurer Hereunto duly authorized A certain parcel of land situated in Cambridge, Middlesex County, Massachusetts, shown as Tract No. 1 on a plan entitled “Plan of Land in Cambridge, Mass.”, dated July 27, 1979, revised May 15, 1980, and recorded with the Middlesex South Registry of Deeds as Plan 621 of 1980, prepared by Xxxxx & Xxxxxxxxx, Inc., Engineering and Land Surveyors, Boston, Mass., bounded and described as follows: Beginning at a point on the Southeasterly sideline of Sixth Street South 29°-29’-42”W Two Hundred Six and 8/100 (206.08) feet from the intersection of the Southeasterly sideline of Sixth Street and the Southwesterly sideline of Broadway, as shown on said plan, thence running South 84°-29’-07” East by land now or formerly of Cambridge Redevelopment Authority, a distance of Twenty-Five and 65/100 (25.65) feet to a point; thence turning and running South 05°-30’-53” West by land now or formerly of Cambridge Redevelopment Authority, a distance of Twenty-Nine and 00/100 (29.00) feet to a point; thence turning and running South 84°-29’-07” East by land now or formerly of Cambridge Redevelopment Authority, a distance of Fifty-Seven and 67/100 (57.67) feet to a point; thence turning and running South 05°-30’-53” West by land now or formerly of Cambridge Redevelopment Authority, a distance of Forty-Four and 25/100 (44.25) feet to a point; thence turning and running South 84°-29’-07” East by land now or formerly of Cambridge Redevelopment Authority, a distance of Six and 00/100 (6.00) feet to a point; thence turning and running South 05°-30’-53” West by land now or formerly of Cambridge Redevelopment Authority, a distance of Nine and 9/100 (9.09) feet to a point; thence turning and running South 84°-29’-07” East by land now or formerly of Cambridge Redevelopment Authority, a distance of One Hundred Thirty and 33/100 (130.33) feet to a point; thence turning and running South 05°-30’-53” West by land now or formerly of Cambridge Redevelopment Authority, a distance of One Hundred Forty-One and 00/100 (141.00) feet to a point; thence turning and running North 84°-29’-07” West by land now or formerly of Cambridge Redevelopment Authority, a distance of Two Hundred Sixty-Two and 00/100 (262.00) feet to a point; thence turning and running North 05°-30’-53” East by land now or formerly of Cambridge Redevelopment Authority, a distance of Twenty-Seven and 50/100 (27.50) feet to a point; thence turning and running North 84°-29’-07” West by land now or formerly of Cambridge Redevelopment Authority, a distance of Four and 00/100 (4.00) feet to a point; thence turning and running North 05°-30’-53” East by land now or formerly of Cambridge Redevelopment Authority, a distance of Fifty-Seven and 00/100 (57.00) feet to a point; thence turning and running South 84°-29’-07” East by land now or formerly of Cambridge Redevelopment Authority, a distance of Four and 00/100 (4.00) feet to a point; thence turning and running North 05°-30’-53” East by land now or formerly of Cambridge Redevelopment Authority, a distance of Twenty-Five and 50/100 (25.50) feet to a point of curvature which is an iron pin; thence turning and running NORTHEASTERLY and curving to the right along the arc of a curve having a radius of Eighty-Five and 00/100 (85.00) feet, a length of Thirty-five and 58/100 (35.58) feet to an iron pin; thence turning and running North 29°-29’-42” East by Sixth Street, a distance of Eighty-Six and 13/100 (86.13) feet to the point of beginning, the previous seven (7) courses bounding on said street. Also together with the benefit of the leasehold estate of the lessee under the terms of a certain Parking Garage Lease, notice of which is recorded with said Deeds in Book 14824, Page 37 and filed with the Middlesex South District of the Land Court as Document No. 632264. Containing 43,849 square feet, more or less, according to said plan. Landlord and Tenant agree as follows with respect to the Tenant’s right to the roof of the Building:

HOLDOVER TENANTS. If Tenant shall timely exercise its rights under this Section 2.9 2.3 with respect to any the Available ROFO Space designated in Landlord’s ROFO Notice, Notice and if, thereafter, the then occupant of the applicable Available ROFO Premises Space with respect to which Tenant shall have so exercised such right wrongfully fails to deliver possession of such Available ROFO Space premises at the time when its tenancy is scheduled to expire, Landlord shall use reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to deliver possession thereof to Tenant. In such event, the commencement of the term of Tenant’s occupancy and lease of such additional space shall, in the event of such holding over by such occupant, be deferred until possession of the additional space is delivered to Tenant. If any sums are recovered from the holdover tenant, they shall be paid as follows: first, to reimburse Landlord shall use commercially reasonable efforts for any legal fees incurred to obtain possession of such ROFO Premisescollect same and recover possession; provided, howeversecond, Landlord shall be entitled to receive and retain from payments by or amounts recovered from such holdover tenant (whether as use and occupancy payments, damages or otherwise) the amount of rent that Tenant would by paying Landlord if possession was timely delivered; and third, Tenant shall be entitled to receive and retain from payments by or amounts otherwise received from such holdover tenant any damages to which Landlord would otherwise be entitled as well as any use and occupancy or other payments that are in excess of the rent Tenant would be paying Landlord (not be obligated commence legal proceedings against the holdover tenanttaking into account any rent abatement) if possession was timely delivered. Except as set forth in this paragraph, the The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against, against or withhold Annual Fixed Rent or Additional Rent or other charges payable under this Lease (or any portions thereof. If any ); except that if such hold-over exceeds six (6) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Available ROFO Space by giving to Landlord a written cancellation notice, provided, however, that if Landlord delivers the Available ROFO Space to Tenant on or before the date thirty (30) days after Landlord receives such cancellation notice, such cancellation notice shall be void and without further force or effect.

HOLDOVER TENANTS. The rent abatement and termination rights for late delivery of the Premises set forth in the Work Agreement attached hereto as Exhibit B-1 shall not be applicable to late delivery of any Available ROFO Premises and Tenant’s remedies shall instead be as set forth in this Section 2.4(F). If Tenant shall timely exercise its rights under this Section 2.9 2.4 with respect to any the Available ROFO Space designated in Landlord’s ROFO Notice, Notice and if, thereafter, the then occupant of the applicable Available ROFO Premises Space with respect to which Tenant shall have so exercised such right wrongfully fails to deliver possession of such Available ROFO Space premises at the time when its tenancy is scheduled to expire, Landlord shall use reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to recover from such occupant any Hold-Over Premium (as defined below) payable by such occupant. In such event, the commencement of the term of Tenant’s occupancy and lease of such additional space shall, in the event of such holding over by such occupant, be deferred until possession of the additional space is delivered to Tenant. Landlord shall use commercially reasonable efforts to obtain possession of such ROFO Premises; provided, however, Landlord shall not be obligated commence legal proceedings against the holdover tenant. Except as set forth in this paragraph, the The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against, against or withhold Annual Fixed Rent or Additional Rent or other charges payable under this Lease (or any portions thereof. If any such hold-over exceeds six (6) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Available ROFO Space by giving to Landlord a written cancellation notice, ); provided, however, that Tenant shall have the right to require Landlord to pay to Tenant fifty percent (50%) of the net (i.e. net of the costs and expenses, including, attorneys’ fees, incurred by Landlord in obtaining such Hold-Over Premium) amount of any Hold-Over Premium received by Landlord from such hold-over occupant relative to periods from and after the thirty-first (31st) day of any hold-over, when and if Landlord delivers receives any such payment. For the purposes hereof, the term “Hold-Over Premium” shall be defined as the amount (if any) which a hold-over occupant of any portion of the Available ROFO Space is required to Tenant on pay to Landlord in respect of its hold-over in the premises (whether characterized as rent, damages, or before use and occupation) in excess of the date thirty (30) days after amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord receives had the term of such cancellation notice, tenant’s lease been extended throughout the period of such cancellation notice hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancy. EXECUTED in two or more counterparts each of which shall be void deemed to be an original. LANDLORD: 100 XXXXXX XXXXXX TRUST u/d/t dated May 6, 1985 Recorded with the Middlesex South District Registry of Deeds in Book 16197, Page 583, as amended WITNESS: By: \s\ Dxxxx Xxxxxxx Name: Dxxxx Xxxxxxx Title: By Delegation on behalf of the Trustees WITNESS: TENANT: MIMECAST NORTH AMERICA, INC., a Delaware corporation \s\ Txxxxx Xxxxxx By: \s\ Pxxxx X. Xxxxxxxx Name: Pxxxx X. Xxxxxxxx Title: CFO The land with the buildings and without further improvements thereon situated in the Town of Lexington and the City of Waltham, Middlesex County , Massachusetts being shown on a plan entitled, “Plan of Land in Lexington, Mass. and Waltham, Mass." dated January 18, 1984 revised March 19, 1984 drawn by R. E. Cameron & Associates, Inc., Civil Engineers recorded with Middlesex South Deeds in Book 15803, Page 212 as Plan 1127 of 1984, and more particularly described as follows :: Beginning at a stone bound on the Lexington/Waltham town line, thence; N9-12-32W 1447.13 feet along Northern Circumferential Highway (Route 128) to a stone bound, thence; N39-48-23E 132.22 feet to a stone bound thence; N59-18-34E 384.16 feet, the last two courses by ramp to Rte. 2 thence; S26-59-10E 125.16 feet to a drill hole, thence; S28-15-30E 53.17 feet to a drill hole, thence; S18-58-40E 40.90 feet to a drill hole, thence; S27-06-00E 123.08 feet to a drill hole, thence; S26-34-20E 167.00 feet to a drill hole, thence; S26-55-40E 212.91 feet to a drill hole, the last six courses by land now or formerly of Dxxxx Xxxxx, thence; S26-22-20E 235.97 feet by land now or formerly of Fxxxxxx X. and Txxxxx X. Xxxxxxxxx to a drill hole, thence; S27-14-50E 272.18 feet by land now or formerly of Jxxxx X. and Bxxxxx Xxxxxxx to a drill hole, thence; S26-01-20E 152.23 feet by land now or formerly of Jxxxx X. and Bxxxxx Xxxxxxx and Jxxx Xxxxxxx and Bxxxxxx Xxxxx, thence; S29-19-00E 80.28 feet to a drill hole, thence; S25-07-40E 45.14 feet to a drill hole by land now or formerly of Gxxxxx X. and Mxxxxxx X. Xxxxxxxx, thence S30-43-20E 106.95 feet to a drill hole by land now or formerly of Dxxxxxxx Xx. and Cxxxxxxxx X. Xxxxxx, thence; S24-41-20E 211.32 feet to a drill hole, thence; S10-58-35E 16.32 feet to a drill hole, thence; S26-50-00W 34.41 feet to a drill hole, thence; S43-58-40W 35.26 feet to a drill hole, thence; S38-40-15W 51.11 feet the last four and one-half courses by Wxxxxx X. and Exxxxxxxx X. Xxx, thence; S63-09-29E 473.00 feet to said Fox land, thence; S6-40-02W 350.00 feet by Spring Street, thence; S66-17-44E 9.91 feet by the Lexington/Waltham town line, thence; S7-18-13W 66.00 feet by Sxxxx Street, thence; N66-14-17W 9.11 feet to a concrete bound, thence; N66-14-17W 133.28 feet to a drill hole, thence; N65-05-29W 181.26 feet to a drill hole, thence; N65-53-34W 136.03 feet, thence; N65-14-54W 233.50 feet to a drill hole, thence; N61-43-52W 32.34 feet, thence; N64-09-50W 71.66 feet, thence; N69-26-07W 107.21 feet, thence; N66-07-42W 98.54 feet, thence; N62-12-30W 29.90 feet, thence; N69-32-17W 30.01 feet, thence; N65-08-00W 183.06 feet, thence N67-16-12W 173.56 feet, thence; N67-06-03W 12.54 feet, the last 14 courses by land of Honeywell, thence; Along a curve to the left of radius 5150.00 feet, 38.33 feet, by Route 128, thence; N9-12-32W 25.33 feet, again by Route 128, to the point of beginning. Together with the benefit of the easement taken by the Commonwealth of Massachusetts by instrument recorded at Book 9622, Page 252 Said premises are subject to easements, agreements, restrictions and other matters of record insofar as in force or effect.and applicable..