Common use of PREMISES DEMISED Clause in Contracts

PREMISES DEMISED. a. Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord, for the Term (as hereinafter defined) and upon the terms and conditions set forth in this Lease, approximately 70,400 rentable square feet of space located on the first, third and fourth floors of the Building (the “Premises”). The Premises are depicted on “Exhibit A” attached hereto and made a part hereof. b. Tenant shall have, as appurtenant to the Premises, the non-exclusive right, to use in common others (i) the common roadways, sidewalks, Building entrances, lobbies, corridors, passenger elevators, and service elevators for purposes of access to the Building and the Premises from the public road now known as “Field Court”, (ii) the parking facility adjacent to the Building for the purpose of parking of motor vehicles by Tenant and Tenant’s employees and invitees on a first-come, non-reserved basis (except as agreed by Landlord and Tenant), (iii) the common area restrooms located on the lower level of the Building, and (iv) any other common area amenities designated from time to time by Landlord for the use and enjoyment of the tenants and other occupants of the Building (e.g., cafeteria space (if any), patio dining area, exercise facilities, training rooms, benches, lawns and jogging paths, to the extent any of the foregoing are available and designated by Landlord as common areas); and no other appurtenant rights or easements. Tenant’s rights hereunder shall be subject to Landlord’s Rules and Regulations governing the use of the Property from time to time made by Landlord, as the same may be changed from time to time in accordance with the terms of Section 21 below. c. Landlord reserves the right, from time to time: (i) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or Property or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or any other portion of the Property; (ii) to make any repairs and replacements to the Premises which Landlord may deem necessary; (iii) in connection with any excavation made upon the Property or adjacent land owned by other parties, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the walls and other portions of the Building from injury or damage and to support the same; (iv) to change, increase, reduce, restrict, limit or eliminate, from time to time: (A) the number, composition, dimensions or location of any parking areas (as long as same is in compliance with Legal Requirements), (B) the signs, service areas, cafeteria areas, patios, exercise facilities, training rooms, walkways; roadways, or other common area, or (C) the services and programs offered, if any, in the wellness and fitness facility of the Building; (v) to change the Building name and/or the Building address (provided that Landlord will provide Tenant at least 12 months prior notice before changing the Building address); or (vi) to make alterations or additions to the Building or any other portion of the Property, in its sole discretion, provided, however, that Tenant’s access to and use and enjoyment of the Premises shall not be materially and adversely impacted by any of the foregoing and provided further that Landlord shall not materially change or limit Tenant’s access to the cafeteria, wellness and fitness facility or training rooms on the lower level without Tenant’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right to impose reasonable restrictions on Tenant’s access to certain common areas of the Building for health and safety reasons (such as delivery areas, kitchen, mechanical rooms, telephone rooms and electrical closets), and other portions of the Building used and occupied principally by Landlord or other tenants. For the avoidance of doubt, Tenant shall not be permitted to have access to or the right to use any common areas, conference rooms, training rooms or video conference rooms on the second floor of the Building. Tenant shall be permitted to use those conference rooms, training rooms or video conference rooms on the lower level and first and fourth floors of the Building to the extent that such areas are designated by Landlord as common area amenities, such areas are available through the online Building reservation system, and Tenant reserves such spaces through such system. d. Either party shall have the right, exercisable from time to time during the Term, to remeasure the rentable area of the Premises and/or the Building. Any such measurement shall be calculated based upon the ANSI/BOMA Z65.1 – 1996 method of measurement for useable space in office buildings (or, if such method is superseded or no longer generally used for the measurement of office space, the newer or most comparable measurement method shall be used). In the event such remeasurement results in a difference between in the rentable area of the Premises and/or the Building as so remeasured and the rentable area of the Premises and/or the Building as set forth in this Lease, the party taking such measurements shall notify the other party and this Lease shall be amended to reflect the actual rentable area as so remeasured, and all charges or rights under this Lease that are based upon square footage shall be adjusted accordingly, and the parties shall enter into an amendment memorializing any such adjustment. In the event of a disagreement regarding the remeasurement, the matter shall be determined by a licensed architect mutually agreed by Landlord and Tenant.

PREMISES DEMISED. a. (a) Landlord does hereby rent leases and lease demises to Tenant and Tenant does hereby rent hires from Landlord the following space: the building located at 410 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx (xxe "Building") located on a parcel of land described on the attached Exhibit A (the "Land") containing 37,615 rentable square feet outlined on the plan attached as Exhibit B, together with all parking areas, sidewalks, walkways, driveways, access ways, improvements, easements and lease from appurtenances thereto. The Land, Building and other improvements on the Land are hereafter called the "Premises". (b) Except with regard to (i) Landlord's obligation to correct any current code compliance issues with regard to the entire Premises, for the Term excluding areas affected by "Tenant Improvements" (as hereinafter defined) and upon the terms and conditions set forth in this Lease, approximately 70,400 rentable square feet of space located on the first, third and fourth floors of the Building (the “Premises”). The Premises are depicted on “Exhibit A” attached hereto and made a part hereof. b. Tenant shall have, as appurtenant to the Premises, the non-exclusive right, to use in common others (i) the common roadways, sidewalks, Building entrances, lobbies, corridors, passenger elevators, and service elevators for purposes of access to the Building and the Premises from the public road now known as “Field Court”or areas concerning ADA and/or AAB compliance, (ii) Landlord's obligation to ensure that the parking facility adjacent to roof is watertight and all mechanical equipment, heating, ventilating and air conditioning equipment and plumbing ("Operating Systems") are in good operating condition, Tenant hereby accepts the Building for the purpose of parking of motor vehicles by Tenant and Tenant’s employees and invitees on a first-come, non-reserved basis (except Premises in their condition existing as agreed by Landlord and Tenant), (iii) the common area restrooms located on the lower level of the Building, and (iv) any other common area amenities designated from time to time by Landlord for Lease commencement date or the use and enjoyment date that Tenant takes possession of the tenants and other occupants of the Building (e.g.Premises, cafeteria space (if any)whichever is earlier, patio dining area, exercise facilities, training rooms, benches, lawns and jogging paths, to the extent any of the foregoing are available and designated by Landlord as common areas); and no other appurtenant rights or easements. Tenant’s rights hereunder shall be subject to Landlord’s Rules all applicable zoning, municipal, county and Regulations state laws, ordinances and regulations governing and regulating the use of the Property from time Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to time made all matters disclosed thereby and by Landlord, as the same may be changed from time to time in accordance any exhibits attached hereto. Except with the terms of Section 21 below. c. Landlord reserves the right, from time to time: (i) to install, use, maintain, repair, replace and relocate for service regard to the Premises and other parts condition of the Building or Property or eitherstructure and Operating Systems as aforesaid, pipes, ducts, conduits, wires which Landlord warrants to be sound and appurtenant fixtures, wherever located in the Premises or any other portion of the Property; watertight (ii) to make any repairs and replacements as to the Premises which Landlord may deem necessary; (iiistructure) and in connection with any excavation made upon the Property or adjacent land owned by other parties, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the walls and other portions of the Building from injury or damage and to support the same; (iv) to change, increase, reduce, restrict, limit or eliminate, from time to time: (A) the number, composition, dimensions or location of any parking areas good operating condition (as long as same is in compliance with Legal Requirementsto the Operating Systems), (B) the signs, service areas, cafeteria areas, patios, exercise facilities, training rooms, walkways; roadways, Tenant acknowledges that neither Landlord nor Landlord's agent has made any representation or other common area, or (C) the services and programs offered, if any, in the wellness and fitness facility of the Building; (v) to change the Building name and/or the Building address (provided that Landlord will provide Tenant at least 12 months prior notice before changing the Building address); or (vi) to make alterations or additions warranty as to the Building present or any other portion of the Property, in its sole discretion, provided, however, that Tenant’s access to and use and enjoyment future suitability of the Premises shall not be materially and adversely impacted by any of the foregoing and provided further that Landlord shall not materially change or limit Tenant’s access to the cafeteria, wellness and fitness facility or training rooms on the lower level without Tenant’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right to impose reasonable restrictions on Tenant’s access to certain common areas of the Building for health and safety reasons (such as delivery areas, kitchen, mechanical rooms, telephone rooms and electrical closets), and other portions of the Building used and occupied principally by Landlord or other tenants. For the avoidance of doubt, Tenant shall not be permitted to have access to or the right to use any common areas, conference rooms, training rooms or video conference rooms on the second floor of the Building. Tenant shall be permitted to use those conference rooms, training rooms or video conference rooms on the lower level and first and fourth floors of the Building to the extent that such areas are designated by Landlord as common area amenities, such areas are available through the online Building reservation system, and Tenant reserves such spaces through such system. d. Either party shall have the right, exercisable from time to time during the Term, to remeasure the rentable area of the Premises and/or the Building. Any such measurement shall be calculated based upon the ANSI/BOMA Z65.1 – 1996 method of measurement for useable space in office buildings (or, if such method is superseded or no longer generally used for the measurement conduct of office space, the newer or most comparable measurement method shall be used). In the event such remeasurement results in a difference between in the rentable area of the Premises and/or the Building as so remeasured and the rentable area of the Premises and/or the Building as set forth in this Lease, the party taking such measurements shall notify the other party and this Lease shall be amended to reflect the actual rentable area as so remeasured, and all charges or rights under this Lease that are based upon square footage shall be adjusted accordingly, and the parties shall enter into an amendment memorializing any such adjustment. In the event of a disagreement regarding the remeasurement, the matter shall be determined by a licensed architect mutually agreed by Landlord and Tenant's business.