Common use of Landlord’s Control Clause in Contracts

Landlord’s Control. Landlord shall, as between Landlord and Tenant, at all times during the Lease Term have the sole and exclusive control, management and direction of the common areas, and may, at any time and from time to time during the Lease Term, exclude and restrain any person from use or occupancy thereof, excepting, however, Tenant and other tenants of Landlord and bona fide invitees of either who make use of said areas in accordance with the rules and regulations established by Landlord from time to time with respect thereto. The rights of Tenant in and to the common areas shall at all times be subject to the rights of others to use the same in common with Tenant, and it shall be the duty of Tenant to keep all of said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation. Landlord may at any time and from time to time (i) close all or any portion of the common areas to make repairs or changes, (ii) close all or any portion of the common areas to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, and (iii) do and perform such other acts in and to said areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their employees, agents, and invitees, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Landlord shall at all times have the right and privilege of determining the nature and extent of the common areas, and of making such changes, rearrangements additions or reductions therein and thereto from time to time which in its opinion are deemed to be desirable and for the best interest of all persons using the common areas or which are as a result of, any federal, state or local environmental protection or other law, rule, regulation, guideline or order, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. The purpose of the site plans attached hereto as Exhibit A is to show the approximate locational relationship of the Leased Premises to the adjacent building and to the common areas as of the Rent Commencement Date. Nothing described in Exhibit A shall limit or prevent Landlord from affecting any change or alteration to the Property as described in this paragraph, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Nothing contained in this Section shall give Landlord the right to impose restrictions on the use and enjoyment of the common areas by Tenant, or to make modifications to the common areas, in a way to cause Tenant to be unable no use the Leased Premises and the common areas in a reasonable manner for the purposes originally contemplated by this Lease.

Landlord’s Control. Landlord shall, as between Landlord shall maintain exclusive control and Tenant, at all times during the Lease Term have the sole and exclusive control, management and direction of the common areasCommon Areas [including, but not limited to increasing or decreasing the size of the Common Areas (but not the Limited Common Areas)] and may, may at any time and from time to time during the Lease Term, Term exclude and restrain any person from use or occupancy thereofthereof (but not the Limited Common Areas), excepting, however, Tenant and other tenants of Landlord and bona fide invitees of either who make use of said areas in accordance with the rules and regulations established by Landlord from time to time with respect thereto. The rights of Tenant in and to the common areas Common Areas (other than the Limited Common Areas) shall at all times be subject to the rights of others to use the same in common with Tenant, and it shall be the duty of Tenant to keep all of said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's ’s operation. Landlord may at any time and from time to time and upon no less than ten (i10) days advance written notice, temporarily (i.e. for no more than five (5) consecutive Business Days and no more than a total of fifteen (15) Business Days in any two (2) year period) close all or any portion of the common areas Common Areas (including but not limited to the Loading Docks) to make necessary repairs or changes, (ii) close all changes or any portion of the common areas to such extent as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, to close temporarily any or all portions of the said areas to discourage non-customer parking, and (iii) to do and perform such other acts in and to said areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their employees, agents, and invitees. Except during the construction of improvements on the land currently owned by FP Rockville III Limited Partnership, provided when access to certain of the Common Areas (other than the parking areas) may be restricted for longer periods of time than noted above, Landlord shall do make commercially reasonable efforts so with a minimum of interference with as to not impede or restrict Tenant's use and enjoyment thereof. Landlord shall at all times have the right and privilege of determining the nature and extent of the common areas, and of making such changes, rearrangements additions or reductions therein and thereto from time access to time which in its opinion are deemed to be desirable and for the best interest of all persons using the common areas or which are as a result of, any federal, state or local environmental protection or other law, rule, regulation, guideline or order, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. The purpose of the site plans attached hereto as Exhibit A is to show the approximate locational relationship of the Leased Premises to or its parking areas in any material way. Tenant acknowledges that certain points of ingress and egress into the adjacent building and to parking garage may be closed for extended periods of time in connection with the common areas as construction of the Rent Commencement Date. Nothing described in Exhibit A shall limit or prevent Landlord from affecting any change or alteration to the Property as described in this paragraph, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Nothing contained in this Section shall give Landlord the right to impose restrictions improvements on the use and enjoyment of the common areas land currently owned by Tenant, or to make modifications to the common areas, in a way to cause Tenant to be unable no use the Leased Premises and the common areas in a reasonable manner for the purposes originally contemplated by this LeaseFP Rockville III Limited Partnership.

Landlord’s Control. Landlord shall, as between Landlord and Tenant, at all times during the term of the Lease Term have the sole and exclusive control, management and direction of the exterior common areas, and may, may at any time and from time to time during the Lease Term, term exclude and restrain any person from use or occupancy thereof, excepting, however, Tenant and other tenants of Landlord and bona fide invitees of either who make use of said areas in accordance with the rules and regulations established by Landlord from time to time with respect thereto. The Subject to Tenant's Parking Rights, the rights of Tenant in and to the common areas shall at all times be subject to the rights of others to use the same in common with Tenant, and it shall be the duty of Tenant to keep all of said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation. Landlord may at any time and from time to time (i) close all or any portion of the common areas to make repairs or changes, (ii) close all changes or any portion of the common areas to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, to close temporarily any or all portions of the said areas to discourage non-customer parking, and (iii) to do and perform such other acts in and to said areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their employees, agents, and invitees. In exercising its rights under this Section 11(b), provided Landlord shall do so with a minimum use reasonable efforts to minimize any disruption of interference with Tenant's use and enjoyment thereof. Landlord shall at all times have the right and privilege of determining the nature and extent of the common areas, and of making such changes, rearrangements additions or reductions therein and thereto from time to time which in its opinion are deemed to be desirable and for the best interest of all persons using the common areas or which are as a result of, any federal, state or local environmental protection or other law, rule, regulation, guideline or order, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. The purpose of the site plans attached hereto as Exhibit A is to show the approximate locational relationship of the Leased Premises to the adjacent building and to the common areas as of the Rent Commencement Date. Nothing described in Exhibit A shall limit or prevent Landlord from affecting any change or alteration to the Property as described in this paragraph, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Nothing contained in this Section shall give Landlord the right to impose restrictions on the use and enjoyment of the common areas by Tenant, or to make modifications to the common areas, in a way to cause Tenant to be unable no use the Leased Premises and the common areas in a reasonable manner for the purposes originally contemplated by this Leasebusiness.

Landlord’s Control. Landlord shall, as between Landlord and Tenant, at all times during the term of the Lease Term have the sole and exclusive control, management and direction of the common areasCommon Areas, and may, may at any time and from time to time during the Lease Term, term exclude and restrain any person from use or occupancy thereof, excepting, however, Tenant and other tenants of Landlord and bona fide invitees of either who make use of said areas in accordance with the reasonable rules and regulations established by Landlord from time to time with respect thereto. The rights of Tenant in and to the common areas Common Areas shall at all times be subject to the rights of others to use the same in common with Tenant, and it shall be the duty of Tenant to keep all of said areas free and clear of any obstructions created or knowingly permitted by Tenant or resulting from Tenant's ’s operation. Landlord may at any time and from time to time time, after reasonable notice to Tenant (iexcept in the event of an emergency, in which event only such notice as is practical under the circumstance shall be required) close all or any portion of the common areas Common Areas to make repairs or changes, (ii) close all changes or any portion of the common areas to such extent as may, in the commercially reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, to close temporarily any or all portions of the said areas to discourage non-customer parking, and (iii) to do and perform such other acts in and to said areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their employees, agents, and invitees. Except in the event of an emergency, provided in the event Landlord intends to close the Common Areas, Landlord shall do so provide Tenant with a minimum reasonable advance notice of interference with Tenant's use and enjoyment thereof. Landlord shall at all times have the right and privilege of determining the nature and extent of the common areas, and of making such changes, rearrangements additions or reductions therein and thereto from time to time which in its opinion are deemed to be desirable and for the best interest of all persons using the common areas or which are as a result of, any federal, state or local environmental protection or other law, rule, regulation, guideline or order, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. The purpose of the site plans attached hereto as Exhibit A is to show the approximate locational relationship of the Leased Premises to the adjacent building and to the common areas as of the Rent Commencement Date. Nothing described in Exhibit A shall limit or prevent Landlord from affecting any change or alteration to the Property as described in this paragraph, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Nothing contained in this Section shall give Landlord the right to impose restrictions on the use and enjoyment of the common areas by Tenant, or to make modifications to the common areas, in a way to cause Tenant to be unable no use the Leased Premises and the common areas in a reasonable manner for the purposes originally contemplated by this Leaseclosing.

Landlord’s Control. Landlord shall, as between Landlord and Tenant, at all times during the Lease Term have the sole and exclusive control, management and direction of the common areasCommon Areas (including, but not limited to increasing or decreasing the size of the Common Areas), and may, may at any time and from time to time during the Lease Term, Term exclude and restrain any person from use or occupancy thereof, excepting, however, Tenant and other tenants of Landlord and bona fide invitees of either who make use of said areas in accordance with the rules and regulations established by Landlord Landlord, from time to time with respect thereto. The rights of Tenant in and to the common areas Common Areas shall at all times be subject to the rights of others to use the same in common with Tenant, and it shall be the duty of Tenant to keep all of said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's ’s operation,. Landlord may at any time and from time to time (i) close all or any temporarily dose a portion of the common areas Common Areas to make repairs or changes, (ii) close all changes or any portion of the common areas to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, to close temporarily any portions of the said areas to discourage non-customer parking, and (iii) to do and perform such other acts in and to said areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their employees, agents, and invitees, provided Landlord . Said temporary closures shall do so with a minimum of interference not unreasonably interfere with Tenant's ’s use and enjoyment thereofoccupancy of the Leased Premises. Landlord agrees to (i) maintain and operate, or cause to be maintained and operated, the Common Areas for the benefit and use of Tenant’s customers and patrons, and the benefit and use of other tenants’ of the Building and their employees and invitees and (ii) keep or cause the Common Areas to be maintained in a neat, clean and orderly condition, lighted and landscaped in a manner comparable with other office buildings of similar size and age in the Somerville submarket, and (iii) repair any damage to the facilities thereof or cause the same to be repaired; provided, however, that all costs and expenses in connection therewith shall be a Common Area Cost (except as set forth in Section 5(c)(i)(1)(c)) and prorated in accordance with this Lease except to the extent caused by the negligence or acts or omissions of Tenant (subject to Section 28 of this Lease) or another tenant in the Building. Landlord covenants and agrees that it shall comply or cause to be complied with, at all times have during the right Lease Term, all laws and privilege insurance requirements affecting all Common Areas. Notwithstanding anything to the contrary herein, Landlord, in the exercise of determining the nature and extent of the common areasits rights under this Lease, and of making such changes, rearrangements additions shall not take or reductions therein and thereto from time to time which in its opinion are deemed permit to be desirable and for taken any action which would (i) adversely affect access to or the best interest of all persons using the common areas or which are as a result of, any federal, state or local environmental protection or other law, rule, regulation, guideline or order, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. The purpose of the site plans attached hereto as Exhibit A is to show the approximate locational relationship visibility of the Leased Premises Premises, (ii) adversely affect access to the adjacent building and to the common areas as use by Tenant or any of its employees, customers or invitees of the Rent Commencement Date. Nothing described in Exhibit A shall limit parking spaces servicing the Building, or prevent Landlord from affecting any change or alteration to the Property as described in this paragraph, provided Landlord shall do so with a minimum of interference (iii) unreasonably interfere with Tenant's use and enjoyment thereof. Nothing contained in this Section shall give Landlord the right to impose restrictions on the use and enjoyment of the common areas by Tenant, or to make modifications to the common areas, in a way to cause Tenant to be unable no use the Leased Premises and the common areas in a reasonable manner for the purposes originally contemplated by this Lease’s business operations.

Landlord’s Control. Landlord shall, as between Landlord and Tenant, at all times during the Lease Term have the sole and exclusive control, management and direction of the common areas, and may, at any time and from time to time during the Lease Term, exclude and restrain any person from use or occupancy thereof, excepting, however, Tenant and other tenants of Landlord and bona fide invitees of either who make use of said areas in accordance with the rules and regulations established by Landlord from time to time with respect thereto. The rights of Tenant in and to the common areas shall at all times be subject to the rights of others to use the same in common with Tenant, and it shall be the duty of Tenant to keep all of said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation. Landlord may at any time and from time to time (i) close all or any portion of the common areas to make repairs or changes, (ii) close all or any portion of the common areas to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, and (iii) do and perform such other acts in and to said areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their employees, agents, and invitees, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Landlord shall at all times have the right and privilege of determining the nature and extent of the common areas, and of making such changes, rearrangements rearrangements, additions or reductions therein and thereto from time to time which in its opinion are deemed to be desirable and for the best interest of all persons using the common areas or which are as a result of, of any federal, state or local environmental protection or other law, rule, regulation, guideline or order, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. The purpose of the site plans plan attached hereto as Exhibit A is to show the approximate locational relationship of the Leased Premises to the adjacent building Adjacent Laboratory Building and to the common areas as of the Rent Commencement Date. Nothing described in Exhibit A shall limit or prevent Landlord from affecting effecting any change or alteration to the Property as described in this paragraph, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Nothing contained in this Section shall give Landlord the right to impose restrictions on the use and enjoyment of the common areas by Tenant, or to make modifications to the common areas, in a way to cause Tenant to be unable no to use the Leased Premises and the common areas in a reasonable manner for the purposes originally contemplated by this Lease.

Landlord’s Control. Subject to the terms of the Shopping Center Documents, Landlord shall, as between Landlord and Tenant, shall at all times during the Lease Term have the sole and exclusive control, management and direction of the common areasCommon Areas and the right to make reasonable changes to the Common Areas, and may, may at any time and from time to time during the Lease Term, Term exclude and restrain any person from use or occupancy thereof, excepting, however, Tenant and other tenants of Landlord and bona fide invitees of either who make use of the said areas in accordance with the rules and regulations established by Landlord from time to time with respect thereto. Notwithstanding the foregoing, Landlord shall not alter, modify, diminish or relocate the Common Areas in such a manner as to materially and adversely impact the visibility of the Premises, or access to or parking or traffic circulation within Tenant's Control Area as shown on Exhibit A-1. The rights of Tenant in and to the common areas Common Areas shall at all times be subject to the terms of the Shopping Center Documents and the rights of others to use the same in common with the Tenant, and it shall be the duty of Tenant to keep all of said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation. Landlord may at any time and from time to time (i) close all or any portion of the common areas Common Areas to make repairs repairs, improvements, alterations or changeschanges and, (ii) close all or any portion of to the common areas to such extent as may, necessary in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, . Landlord may close temporarily any or all portions of the Common Areas to discourage noncustomer parking and (iii) use and to do and perform such other acts in and to said areas the Common Areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof by occupants and tenants, their employees, agents, employees and invitees, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Landlord shall at all times have the right and privilege of determining the nature and extent of the common areas, and of making such changes, rearrangements additions or reductions therein and thereto from time to time which in its opinion are deemed to be desirable and for the best interest of all persons using the common areas or which are as a result of, any federal, state or local environmental protection or other law, rule, regulation, guideline or order, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. The purpose of the site plans attached hereto as Exhibit A is to show the approximate locational relationship of the Leased Premises to the adjacent building and to the common areas as of the Rent Commencement Date. Nothing described in Exhibit A shall limit or prevent Landlord from affecting any change or alteration to the Property as described in this paragraph, provided Landlord shall do so with a minimum of interference with Tenant's use and enjoyment thereof. Nothing contained in this Section shall give Landlord the right to impose restrictions on the use and enjoyment of the common areas by Tenant, or to make modifications to the common areas, in a way to cause Tenant to be unable no use the Leased Premises and the common areas in a reasonable manner for the purposes originally contemplated by this Lease.