Common use of Rooftop Premises Clause in Contracts

Rooftop Premises. During the Term, Tenant shall have the right to use the portion of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D (the “Rooftop Premises”) for the installation and operation of mechanical and communications equipment (A) serving only the Premises, (B) approved by Landlord and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges that the equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicable) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment (i) will not affect the structural integrity of the Building or impact the roof or the roof membrane in any manner; (ii) shall be adequately screened so as to minimize the visibility of such equipment; and (iii) shall be adequately sound-proofed to meet all requirements of Legal Requirements . Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules and Regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.

Rooftop Premises. During the Term, Tenant shall have the right to use the a portion of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D reasonably designated by Landlord (the “Rooftop Premises”) at no additional rental cost for the installation of HVAC equipment, antennas, satellite dishes or other communications device and certain mechanical devices necessary for the operation of mechanical and communications equipment (A) serving only Tenant’s business in the Premises, (B) all of which shall have been approved by Landlord and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any devices and/or equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such devices and/or equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicablei) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does do not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to on the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment roof; (iii) will not affect the structural integrity of the Building or impact void the warranty for the roof or the roof membrane in any mannermembrane; (iiiii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iiiiv) shall be adequately sound-proofed to meet all requirements of Legal Requirements Requirements. Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules rules and Regulations regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, reasonable utility service (at Tenant’s reasonable cost) to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost andin good order, subject to the provisions of Section 14.5, condition and repair and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In Tenant shall use Landlord’s roof contractor (if such roof is under warranty by such contractor) or another contractor reasonably acceptable to Landlord for any work impacting the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after roof or roof membrane. If Tenant’s Rooftop Equipment interferes with damages the roof (other than ordinary wear and tear damage or damage arising from extraordinary events of a nature not controllable by Tenant such as high winds, fire, electrical storms and the like) or invalidates or adversely affects any warranty, Tenant shall be fully responsible for the cost of repairs directly related and limited to the damage caused by Tenant’s make-up air installations Rooftop Equipment (and any subsequent repairs to the roof to the extent that any warranty is invalidated or adversely affected). Except as set forth in the operation next sentence, Landlord shall elect, at the time of the Landlord’s approval thereof, either to require Tenant to convey to Landlord, in consideration of Ten Dollars ($10.00), all of Tenant’s right, title and interest in and to all or any portion of Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease remove such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with or a portion thereof at the operation expiration or sooner termination of the Building or Term. Notwithstanding the business operations of any foregoing, unless this Lease has been terminated due to a Default by Tenant, Tenant may remove Tenant’s satellite dishes and generators and equipment appurtenant thereto at the expiration of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Term at Tenant’s Rooftop Equipment), recognizing the use of the Building cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using cost of repairs directly related and limited to the damage caused by the removal of such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.

Rooftop Premises. During the Term, Tenant shall have the right to use the a portion of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D reasonably designated by Landlord (the “Rooftop Premises”) at no additional rental cost for the installation of HVAC equipment, antennas, satellite dishes or other communications device and certain mechanical devices necessary for the operation of mechanical and communications equipment (A) serving only Tenant’s business in the Premises, (B) all of which shall have been approved by Landlord and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any devices and/or equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such devices and/or equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicablei) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does do not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to on the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment roof; (iii) will not affect the structural integrity of the Building or impact void the for the roof or the roof membrane in any mannermembrane; (iiiii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iiiiv) shall be adequately sound-proofed to meet all requirements of Legal Requirements Requirements. Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules rules and Regulations regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, reasonable utility service (at Tenant’s reasonable cost) to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost andin good order, subject to the provisions of Section 14.5, condition and repair and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In Tenant shall use Landlord’s roof contractor (if such roof is under warranty such contractor) or another contractor reasonably acceptable to Landlord for any work impacting the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after roof or roof membrane. If Tenant’s Rooftop Equipment interferes with damages the roof (other than ordinary wear and tear damage or damage arising from extraordinary events of a nature not controllable by Tenant such as high winds, fire, electrical storms and the like) or invalidates or adversely affects any warranty, Tenant shall be fully responsible for the cost of repairs directly related and limited the damage caused by Tenant’s make-up air installations Rooftop Equipment (and any subsequent repairs to the roof to the extent that any warranty is invalidated or adversely affected). Except as set forth in the operation next sentence, Landlord shall elect, at the time of the Landlord’s approval thereof, either to require Tenant convey to Landlord, in consideration of Ten Dollars ($10.00), all of Tenant’s right, title and in and to all or any portion of Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease remove such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with or a portion thereof at the operation expiration or sooner termination of the Building or Term. Notwithstanding the business operations of any foregoing, unless this Lease has been terminated due to a Default by Tenant, Tenant may remove Tenant’s satellite dishes and generators and equipment appurtenant thereto at the expiration of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Term at Tenant’s Rooftop Equipment), recognizing the use of the Building cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using cost repairs directly related and limited to the damage caused by the removal of such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.

Rooftop Premises. During the Term, Tenant shall have the right to use the that portion of the rooftop of the Building shown on the plan Exhibit F attached hereto as Exhibit 1D (the “Rooftop Premises”) for the installation and operation of mechanical and communications certain equipment (A) serving only the Premises, (B) approved by Landlord and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicablei) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to on the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment roof; (iii) will not affect the structural integrity of the Building or impact the roof or the roof membrane in any adverse manner; (iiiii) shall be adequately screened so as to minimize the visibility of such equipment; and (iiiiv) shall be adequately sound-proofed to meet all requirements of Legal Requirements and Landlord’s specified maximum decibel levels for equipment operations (provided that such Landlord requirements are not enforced in a discriminatory manner against Tenant). Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules rules and Regulations regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Except for connection to electric service from which Tenant may obtain electricity at the Rooftop Premises, Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, and the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Tenant will have access to the Rooftop Premises as needed to ensure the ongoing maintenance and repair of Tenant’s Rooftop Equipment, including by licensed contractors on behalf of Tenant. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its sole but bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted UsesBuilding, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.

Rooftop Premises. During the Term, Tenant shall have the right to use the portion of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D 1C (the “Rooftop Premises”) for the installation and operation of mechanical and communications equipment (A) serving only the Premises, (B) approved by Landlord Landlord, and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges that the equipment shown described on Exhibit 1D 1C attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicable) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment (i) will not affect the structural integrity of the Building or impact the roof or the roof membrane in any manner; (ii) shall be adequately screened in accordance with Landlord’s screening standards as further described on Exhibit 13 attached, and in compliance with the City of Framingham zoning requirements so as to minimize the visibility of such equipment; and (iii) shall be adequately sound-proofed to meet all requirements of Legal Requirements Requirements. Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules and Regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.

Rooftop Premises. During the Term, Tenant shall have the right to use the a portion of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D designated by Landlord (the “Rooftop Premises”) for the installation and operation of mechanical and communications certain equipment (A) serving only the Premises, (B) approved by Landlord and (C) purchased and installed by by, or on behalf of, Tenant in accordance with the terms of this Lease (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Tenant’s Rooftop Equipment may include supplemental HVAC equipment, antennas, satellite dishes, and equipment related thereto. Landlord’s approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicablei) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to on the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment roof; (iii) will not affect the structural integrity of the Building or negatively impact the roof or the roof membrane in any manner; (iiiii) shall be adequately screened so as to minimize the visibility of such equipment; and (iiiiv) shall be adequately sound-proofed to meet all requirements of Legal Requirements and Landlord’s specified maximum decibel levels for equipment operations. Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules rules and Regulations regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. , Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, and the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its sole but bona fide and good faith reasonable business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted UsesBuilding, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defineddefined in Section 2.4). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.

Rooftop Premises. During the Term, Tenant shall have the right to Tenant's use the portion and occupancy of the rooftop Rooftop Premises (as the same shall change during the term of this Lease) shall be subject to the Building shown on the plan attached hereto as Exhibit 1D following additional requirements and restrictions: (the “a) The Rooftop Premises”) Premises shall only be used for the installation housing and operation of mechanical and communications operating certain equipment (A) serving only the Premises, (B) approved by Landlord and (C) to be purchased and installed by Tenant as part of Tenant's Work (hereinafter defined), including without limitation an emergency back-up natural gas generator of a type and size approved by Landlord (the "GENERATOR"), which Generator Tenant shall install, maintain and operate in accordance compliance with Legal Requirements, and certain other mechanical equipment serving the terms laboratory areas of this Lease the Premises solely for the benefit of Tenant and any Successors, Affiliated Entities and permitted sublessees and licensees occupying the Premises, all as specifically approved in writing by Landlord (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Termterm hereof, is collectively referred to herein as “Tenant’s Rooftop Equipment”"TENANT'S ROOFTOP EQUIPMENT"). TOLERRX LEASE / BUILDING 300 / EXECUTION VERSION Landlord’s 's approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges delayed provided Tenant demonstrates to Landlord's reasonable satisfaction that the proposed equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicablex) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to on the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment roof; (iy) will not affect the structural integrity of the Building or impact the roof or the roof membrane in any manner; (ii) shall be adequately screened so as to minimize the visibility of such equipment; and (iiiz) shall be adequately sound-proofed to meet all requirements of Legal Requirements . and Landlord's specified maximum decibel levels for equipment operations. (b) Tenant shall not install or operate Tenant’s 's Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules rules and Regulations regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s 's Rooftop Equipment. (c) All electricity generated by the Generator may only be consumed by Tenant in the Premises. Other than for periodic testing subject to Section 2.2(h) below, in no event shall Tenant operate the Generator except in cases of a power outage to the Premises or any portion thereof. (d) Landlord shall have no obligation to provide any services including, without limitation, electric current current, or gas service, service to the Rooftop Premises or to Tenant’s 's Rooftop Equipment, it being understood and agreed that . (e) Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for cost of repairing and maintaining Tenant’s 's Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, and the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s 's Rooftop Equipment. . (f) Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s 's Rooftop Equipment. In . (g) If any of Tenant's Work on the roof of the Building, including without limitation the installation and maintenance of Tenant's Rooftop Equipment, damages the roof or invalidates or adversely affects any warranty provided by Landlord to Tenant, Tenant shall be fully responsible for the cost of repairs (and any subsequent repairs to the roof to the extent that any warranty is invalidated or adversely affected). (h) Notwithstanding anything to the contrary contained herein, in the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Termterm hereof, Landlord determines, in its sole but bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s 's Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted UsesBuilding, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s 's Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.

Rooftop Premises. During Landlord hereby grants to Tenant the Term, Tenant shall have the non-exclusive right to use the portion occupy reasonable portions of the rooftop roof of the Building, (hereinafter called the "Rooftop Premises") so that Tenant may install, use, operate and maintain satellite dishes and appurtenant conduit and cabling (collectively, the "Rooftop Equipment"), until the expiration or termination of the term of this Lease. Notwithstanding anything to the contrary set forth in this Paragraph, neither the Rooftop Equipment, nor any work or act in connection with the Rooftop Equipment, by or on behalf of Tenant may invalidate or otherwise affect the warranty relating to the roof. The Rooftop Equipment must comply with Legal Requirements and Private Restrictions (including, without limitation, any screening requirements), and shall not exceed the commercially reasonable specifications of communications Rooftop Equipment of tenants at comparable buildings in the general vicinity of the Building shown on the plan attached hereto (as Exhibit 1D (the “Rooftop Premises”reasonably determined by Landlord) for the installation and operation of mechanical and communications equipment (A) serving only the Premises, (B) approved by Landlord and (C) purchased and installed by Tenant shall be in accordance with the terms additional following conditions: (a) The use of this Lease (any equipment installed within the Rooftop PremisesEquipment shall be restricted to Tenant's internal use only and shall not be available for use by any party except Tenant. (b) Tenant shall pay Landlord or Landlord's agent or contractor, upon demand (which demand may be made from time to time), all reasonable actual costs and expenses incurred by Landlord for any architectural, engineering, supervisory and/or reasonable legal services in connection with the Rooftop Equipment, including, without limitation, Landlord's review of the plans and specifications for the Rooftop Equipment. Without limiting the foregoing, Tenant shall immediately, at its sole cost and expense, repair any and all damage resulting from the presence and/or use of the Rooftop Equipment and pay to Landlord any and all other commercially reasonable out-of-pocket costs actually incurred by Landlord in connection with the Rooftop Equipment. Notwithstanding the foregoing, there shall be no monthly rental for the use of the rooftop for the Rooftop Equipment. (c) The Rooftop Equipment shall be installed, used, operated and maintained solely on the Rooftop Premises and solely at the expense of Tenant. Tenant shall perform the installation of the Rooftop Equipment in accordance with an installation program reasonably approved and supervised by Landlord or Landlord's contractor, and Tenant shall give Landlord at least five (5) business days' prior written notice of the date and time of the planned installation. Tenant shall ensure that the Rooftop Equipment shall in all cases be installed, used, operated, maintained and removed in compliance with the following requirements (all as determined by Landlord in its sole, reasonable discretion): (i) the Rooftop Equipment shall not unreasonably interfere in any way with the Building's existing engineering or other maintenance functions or duties; (ii) the Rooftop Equipment must be properly secured and installed so as not to be affected by high winds or other weather elements; (iii) the Rooftop Equipment must be properly grounded; (iv) the weight of the Rooftop Equipment shall not exceed the load limits of the Building; and (v) in no event shall the Rooftop Equipment or any appurtenant wiring or cable unreasonably interfere with or otherwise adversely affect the electrical, mechanical, structural, life safety or other building systems of the Building. Tenant shall bear all costs and expenses in connection with the installation, use, operation, maintenance and removal of the Rooftop Equipment, including all costs relating to the repair of any damage to the roof or other parts of the Building caused by any such installation, use, operation, maintenance or removal, including, without limitation, water damage or other damage resulting from weather elements. (d) The installation of the Rooftop Equipment, excluding any necessary penetration of the roof of a Building, shall be performed by Tenant's contractor, as the same may be modifiedapproved in advance by Landlord, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s which approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges that the equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions , and at Tenant's expense, provided such installation is of Sections 3 (if applicable) and 11 governing the installation thereofa non-penetrating surface mount only. Tenant shall operate Tenant’s may not install the Rooftop Equipment in a manner that does not interfere with (x) penetrates the roof membrane of a Building, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole and absolute discretion; provided, however in the event Landlord consents to any make-up air installations such roof membrane penetration, then Tenant shall be solely responsible, at Tenant's sole cost and expense, for repairing and/or replacing the roof membrane to the extent installed Landlord's reasonable satisfaction, prior to the date expiration or earlier termination of the Lease; provided, further, however, Landlord shall have the right, but not the obligation, to elect to cause such repair and/or replacement of the roof membrane to be performed by Landlord, or a contractor selected and engaged by Landlord, but at Tenant's sole cost and expense. Without limiting Tenant's other obligations, Tenant shall reimburse Landlord for all costs associated with obtaining confirmation that Landlord's roof warranty will not be affected by any penetration. All work done in connection with any permitted roof penetration shall be performed by Landlord or Landlord's agent at Tenant's sole cost and expense. The installation of Tenant’s the Rooftop Equipment shall not damage the Building or existing structures thereon. Landlord may obtain the services of a structural engineer to design any additional supports required to support the Rooftop Equipment, and to monitor the installation thereof, and Tenant shall reimburse Landlord, within ten (y10) any other tenant’s rooftop equipment to business days after receipt by Tenant of an invoice, and Tenant's receipt of reasonable supporting documentation, for Landlord's actual and reasonable out-of-pocket cost of such services and such supports. The Rooftop Equipment shall remain the extent installed personal property of Tenant and shall be removed by Tenant prior to the date expiration or earlier termination of installation this Lease, and Tenant shall repair any damage caused by the removal of Tenant’s the Rooftop Equipment or (z) base building equipment operated by Landlord and its associated wiring, cables and other components and immediately, at Tenant's sole cost and expense, restore the Rooftop Premises to the extent installed condition which existed prior to the date of installation of Tenant’s the Rooftop Equipment. Any installation . (e) Tenant may, at Tenant's own cost and expense, upon reasonable prior written notice to Landlord (except in the event of Tenant’s an emergency, in which case only such notice as is reasonable under the circumstances), access the Rooftop Equipment Premises to repair, replace, reorient or remove the Rooftop Equipment, or replace it with generally similar equipment, provided that (i) will not affect any new equipment can be properly accommodated on Rooftop Premises without placing materially greater demands upon the structural integrity electrical, mechanical, structural, life safety or other building systems of the Building or impact than the roof or the roof membrane in any manneroriginal Rooftop Equipment; (ii) Tenant at its cost shall restore the affected portion of Rooftop Premises to the condition in which it was prior to such repair, reorientation, removal or replacement, and all of such repair, reorientation, removal or replacement shall be adequately screened so as to minimize the visibility of such equipmentperformed in accordance with Landlord's and industry standard engineering practices and by contractors or other persons reasonably approved by Landlord; and (iii) all plans and designs of Tenant relating to such repair, reorientation, removal or replacement shall in any case be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. (f) Subject to Landlord's Construction Warranty, Tenant hereby agrees that the Rooftop Premises shall be adequately sound-proofed to meet taken "as is", "with all requirements of Legal Requirements . Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained faults", without any representations and submitted to Landlord copies of all required governmental permits, licenseswarranties, and authorizations necessary Tenant hereby agrees and warrants that it has investigated and inspected the condition of the Rooftop Premises and the suitability of same for the installation Tenant's purposes. (g) Tenant, at Tenant's sole cost and operation thereof. In additionexpense, Tenant shall comply with will, at all reasonable construction Rules and Regulations promulgated by Landlord times in connection with the installation, use, operation and maintenance and operation of Tenant’s the Rooftop Equipment. Landlord shall have no obligation to provide any services , comply with all Legal Requirements and Private Restrictions affecting the installation, use, operation and maintenance of the Rooftop Equipment, including, without limitation, electric current applicable building and fire codes, and will comply with all requirements of the Federal Aviation Administration and Federal Communications Commission in respect thereof. Tenant, at Tenant's sole cost and expense, shall be obligated to secure and obtain and provide Landlord with copies of all required permits, approvals and licenses for or gas service, with respect to the installation or operation of the Rooftop Premises or Equipment prior to Tenant’s Rooftop Equipmentthe commencement of any installation activities hereunder, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary obligated to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for repairing keep in full force and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation effect and operation of Tenant’s Rooftop Equipment. In the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interferencerenew, as applicable. In the event that at any time during the Term, Landlord determinesall required permits, in its bona fide approvals and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory mannerlicenses required hereunder.

Rooftop Premises. During (i) The Rooftop Premises shall constitute a portion of the Term, Premises and Tenant shall have exclusive access thereto on the right to use the portion condition that, and for so long as, Tenant is then leasing at least six (6) full floors of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D (the “Rooftop Premises”) for the installation and operation of mechanical and communications equipment (A) serving only the PremisesOffice Area, (B) approved by Landlord and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges that the equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicable) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment (i) will not affect the structural integrity of the Building or impact the roof or the roof membrane in any manner; (ii) shall be adequately screened so as to minimize the visibility of such equipment; and (iii) shall be adequately sound-proofed to meet all requirements of Legal Requirements . Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules and Regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas serviceFloors 15 through 20. Tenant, at Tenant’s sole cost, shall purchase, insure, and provide all furniture, fixtures, and equipment Tenant desires to use in the Rooftop Premises or to (“Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop EquipmentFF&E”). Tenant shall be responsible for repairing insuring, repairing, and maintaining Tenant’s Rooftop Equipment FF&E during the Term and shall remove same at Tenant’ sole cost andthe expiration or earlier termination of the Lease Term, subject to the provisions of Section 14.5, the cost of repairing and shall repair any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of said Tenant’s Rooftop EquipmentFF&E, if necessary, at the expiration or earlier termination of the Lease Term. Landlord makes no warranties or representations to Tenant as to the suitability Tenant’s use of the Rooftop Premises shall be subject to such rules and regulations as Landlord may establish from time to time. The current rules and regulations for the installation use of the Rooftop Premises are attached hereto as Exhibit 2.1-6. Tenant shall not use the Rooftop Premises for any purpose which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates (unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and operation that readaptation of the Rooftop Premises will be made prior to expiration or termination of the Lease without expense to Landlord), or cause a cancellation of Landlord’s insurance coverage for the Building. Landlord shall promptly provide Tenant notice if Landlord is informed that Tenant’s use of the Rooftop Premises is likely to result in an increase in Landlord’s insurance rates. (ii) In the event that Tenant no longer leases at least six (6) full floors of the Office Area, at Landlord’s election, Tenant shall surrender to Landlord possession of the Rooftop Premises in the condition required in accordance with the provisions of this Lease applicable to the Expiration Date and Tenant’s lease of the Rooftop Premises shall end and expire, subject to Tenant’s exclusive right to use a portion of the roof as set forth below. From and after the date on which Tenant’s exclusive use of the Rooftop Premises expires as set forth above, Annual Fixed Rent, Tenant’s Tax Share, Tenant’s Expense Share, the number of Tenant’s Parking Privileges, and all other rights and obligations of Tenant under this Lease which are calculated on a per square foot, pro rata or proportionate share basis, each shall be decreased on a pro rata basis to reflect the removal of the Rooftop EquipmentPremises from the Premises and the conversion of the Rooftop Premises to Common Area. (iii) From and after the date that Tenant’s lease of the Rooftop Premises expires pursuant to this Section 2.1(b), Tenant shall, subject to complying with the rules and regulations for the use of the Rooftop Premises, have the exclusive right to use one of the two portions of the rooftop area shown as “Outdoor Deck Area A” and “Outdoor Deck Area B” on Exhibit 2.1-7 attached hereto. Tenant shall make its election of which of the two portions of the rooftop area Tenant elects to retain and designate as the portion for Tenant’s exclusive use by written notice to Landlord not later than thirty (30) days after Landlord has delivered notice to Tenant that Tenant’s lease of the Rooftop Premises has expired pursuant to this Section 2.1(b). In the event that at any time during Tenant fails to timely deliver such notice, Landlord will designate whether Outdoor Area A or Outdoor Area B will be the Term, portion of the operation and/or periodic testing of any other rooftop equipment installed after area designated for Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause exclusive use. (if Building rooftop equipmentiv) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Datedate that Tenant’s lease of the Rooftop Premises expires pursuant to this Section 2.1(b), Landlord reserves the right, to use or designate the portion(s) of the rooftop area which are not shown as “Common Exterior Roof Deck Area” on Exhibit 2.1-7 attached hereto and are not the portion of the rooftop area designated for Tenant’s exclusive use pursuant to Section 2.1(b)(iii) for other uses or for the exclusive use by other tenants; provided, however, that in no event shall include substantially similar provisions governing rooftop equipment in any Landlord permanently designate the portion(s) of the Rooftop Premises shown as “Common Exterior Roof Deck Area” on said plan for other leases at uses or for the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipmentexclusive use by other tenants, and the portion(s) of the Rooftop Premises shown as “Common Exterior Roof Deck Area” on said plan shall, from and shall not enforce such provisions in a discriminatory mannerafter the date that Tenant’s lease of the Rooftop Premises expires, be deemed Common Areas for the general use of tenants of the Office Area.

Rooftop Premises. During 1.1 Landlord hereby grants to Tenant during the Term, Tenant shall have Term the non-exclusive right to use install, maintain and operate, at Tenant’s sole cost and expense, the portion number of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D masts (the “Rooftop PremisesMasts”) for set forth in Exhibit “G-l”, supporting antennae and/or satellite dishes with the installation characteristics and operation of mechanical and communications equipment (A) serving only the Premises, (B) dimensions reasonably approved by Landlord Landlord, and related equipment as necessary to connect such antennae and satellite dishes to Tenant’s allied machinery and equipment in the Building (C) purchased the antennae, satellite dishes and installed by Tenant in accordance with the terms of this Lease (any related equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is being collectively referred to as the “Antenna Equipment”) on portions of the roof of the Building in the exact locations reasonably specified by Landlord, after giving good faith consideration to any location requested by Tenant. Notwithstanding anything herein as “to the contrary, Tenant’s Rooftop Equipment”). Landlord’s approval of such equipment shall not be unreasonably withheldright to install, conditioned or delayed. Landlord acknowledges that maintain and operate the equipment shown on Exhibit 1D attached hereto has been approved by Landlord (Antenna Equipment is subject to the provisions of Sections 3 (if applicable) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Antenna Equipment (i) will not affect adversely affecting in any material manner the structural integrity structure of the Building, the roof of the Building, the warranty for the roof of the Building or impact the roof or safety of the roof membrane in any mannerBuilding; (ii) shall be adequately screened so as to minimize not adversely affecting in any material manner the visibility electrical, mechanical or any other system of such equipmentthe Building or the functioning thereof; and (iii) shall be adequately sound-proofed to meet all requirements of Legal Requirements . Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction Rules and Regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the adversely interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the provision of services or utilities to other current or future tenants and occupants of the Building; and (iv) being otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed). 1.2 Tenant shall install, maintain and operate the Antenna Equipment in compliance with (i) all present and future governmental and fire underwriting laws, ordinances, orders, rules and regulations (collectively, “Applicable Antenna Laws”) applicable to the Antenna Equipment and the Building, including, without limitation, the rules and regulations of the Federal Communications Commission and the Federal Aviation Administration and any other governmental and quasi- governmental authorities having jurisdiction with respect to the Building or Tenant’s installation, maintenance and/or operation of the Antenna Equipment, and (ii) the conditions of any bond or warranty maintained by Landlord on the roof. 1.3 Prior to installation of the Antenna Equipment and any modifications or changes thereto, Tenant shall submit to Landlord in writing all plans for Landlord’s approval, and may only commence the installation after having obtained Landlord’s written approval, which shall not be unreasonably withheld, conditioned, or delayed. The size, weight, style, type, materials, exact location, method of installation and other matters related to the Antenna Equipment shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. Landlord may supervise any roof work. The Antenna Equipment shall be clearly marked to show Tenant’s name, suite number, address, telephone number, the name of the person to contact in case of emergency and the transmission lines shall be identified at the bottom and top of each line. In the event Tenant requires an electric power supply and/or usage in connection with the Antenna Equipment which is different from that currently provided by Landlord, Tenant shall, at its sole cost and expense, obtain such power supply and pay any and all recurring charges associated with such power supply. Any work performed in connection therewith shall comply with the provisions of the Lease. Landlord shall provide to Tenant reasonable access to the roof of the Building and affected areas of the base Building for the maintenance and operation of the Antenna Equipment. Access to the roof of the Building or other areas of the Building will be available by requesting access according to the Building policy. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord as a result of such access at times other than the normal business hours of the Building. All access to the roof of the Building or other areas of the Building shall be subject to the continuing control of, and reasonable security and safety procedures established by, Landlord. 1.4 Tenant shall, at its sole cost and expense, be responsible for the maintenance of the Antenna Equipment and any cable, wiring, connecting lines, conduit, and other installations, equipment or property installed or placed by or for on behalf of Tenant anywhere on the rooftop or the Building (collectively, the “Rooftop Equipment”) in accordance with all Applicable Antenna Laws and the terms of this Lease. At the expiration or earlier termination of this Lease or termination of Tenant’s right to possess the Tenant Space, Tenant shall remove the Rooftop Equipment from the Building and restore the roof and the Building areas affected to the condition existing prior to installation of the Rooftop Equipment, all at Tenant’s sole cost and expense. The removal shall be performed in a good and workmanlike manner without causing any interference or damage to the Building, structures, equipment, or operations of Landlord or any of the tenants and other occupants of the Building Building. Should any interference, damage or destruction occur, it shall be immediately remedied by Tenant, at Tenant’s sole cost and expense. If Tenant fails to remove the Rooftop Equipment within thirty (other than interference with rooftop equipment installed 30) days after the installation expiration or earlier termination of the Term or the termination of Tenant’s Rooftop Equipment), recognizing right to possess the use of the Building for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution DateSpace, Landlord shall include substantially similar provisions governing rooftop equipment in have the right, but not the obligation, to elect either (i) to remove the Rooftop Equipment at Tenant’s cost and expense plus a 10% administrative fee, and Landlord shall have no liability for the return of, or damage to, the Rooftop Equipment, or (ii) to treat the Rooftop Equipment as abandoned by Tenant. Tenant shall indemnify and hold Landlord harmless from and against any other leases at and all demands, liability, liens, claims, losses, costs and expenses (including reasonable attorneys’ fees) relating to or arising from the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory mannerdesign, construction, installation, operation, maintenance, existence and/or removal of the Rooftop Equipment.

Rooftop Premises. During the Term, Tenant shall have the right to use the a portion of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D designated by Landlord (the “Rooftop Premises”) for the installation and operation of mechanical and communications certain equipment (A) serving only the Premises, (B) Premises approved by Landlord and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Lease Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicablei) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to on the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment roof; (iii) will not affect the structural integrity of the Building or impact the roof or the roof membrane in any manner or void, or adversely affect Landlord’s rights under, the roof warranty in any manner; (iiiii) shall be adequately screened so as to minimize the visibility of such equipment; and (iiiiv) shall be adequately complies with all Applicable Laws including sound-proofed proofing to meet all requirements of Legal Requirements satisfy the same, as well as Landlord’s specified maximum decibel levels for equipment operations. Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. Tenant shall comply with all Applicable Laws applicable to the operation, use, repair and maintenance of Tenant’s Rooftop Equipment. In addition, Tenant shall comply with all reasonable construction Rules rules and Regulations regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, including electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost andin good order, subject to the provisions of Section 14.5, condition and repair and in compliance with Applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In Tenant shall use Landlord’s designated roof contractor for any work impacting the event that at roof or roof membrane. If any time during of Tenant’s work on the Termroof of the Building, including the operation and/or periodic testing installation and maintenance of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with TenantEquipment, damages the roof or invalidates or adversely affects any warranty, Tenant shall be fully responsible for the cost of repairs (and any subsequent repairs to the roof to the extent that any warranty is invalidated or adversely affected); it being acknowledged and agreed that, notwithstanding anything to the contrary contained herein, Landlord’s make-up air installations or waiver contained in Section 10.5 hereof shall not apply to the operation cost of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease any such testing or interference, as applicablerepairs. In the event that at any time during the Lease Term, Landlord determines, in its sole but bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted Uses, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours (hereinafter defined). From and after the Execution Date, Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at the Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a discriminatory manner.any

Rooftop Premises. (a) During the Term, subject to the availability of space thereon, Tenant shall have the right to use the a portion of the rooftop of the Building shown on the plan attached hereto as Exhibit 1D designated by Landlord (the “Rooftop Premises”) for the installation and operation of mechanical and communications certain equipment (A) serving only the Premisesi.e., (BHVAC equipment, antennas, satellite dishes, etc.) approved by Landlord and (C) purchased and installed by Tenant in accordance with the terms of this Lease (any equipment installed within the Rooftop Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). Landlord’s approval of such equipment shall not be unreasonably withheld, conditioned or delayed. Landlord acknowledges delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed equipment shown on Exhibit 1D attached hereto has been approved by Landlord (subject to the provisions of Sections 3 (if applicablei) and 11 governing the installation thereof. Tenant shall operate Tenant’s Rooftop Equipment in a manner that does not adversely interfere with (x) any make-up air installations to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment, (y) any other tenant’s rooftop equipment to the extent installed prior to the date of installation of Tenant’s Rooftop Equipment or (z) base building equipment operated by Landlord to on the extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment roof; (iii) will not affect the structural integrity of the Building or adversely impact the roof or the roof membrane in any manner; (iiiii) shall be adequately screened so as to minimize the visibility of such equipment; and (iiiiv) shall be adequately sound-proofed to meet all requirements of Legal Requirements and specified maximum decibel levels for equipment operations. Tenant shall not install or operate Tenant’s Rooftop Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof, including compliance with the City of Waltham zoning requirements. In addition, Tenant shall comply with all reasonable construction Rules rules and Regulations regulations promulgated by Landlord in connection with the installation, maintenance and operation of Tenant’s Rooftop Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment, it being understood and agreed that Tenant shall be responsible for constructing any risers, shafts, chases, or conduits necessary to connect the necessary services from the Premises to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment at Tenant’ sole cost and, subject to the provisions of Section 14.5, and the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of Tenant’s Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises for the installation and operation of Tenant’s Rooftop Equipment. In the event that at any time during the Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment interferes with Tenant’s make-up air installations or the operation of the Tenant’s Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (if Building rooftop equipment) or use commercially reasonable efforts to cause the operator of the interfering equipment (if other tenant’s rooftop equipment) to cease such testing or interference, as applicable. In the event that at any time during the Term, Landlord determines, in its sole but bona fide and good faith business judgment, that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or the business operations of any of the occupants of the Building (other than interference with rooftop equipment installed after the installation of Tenant’s Rooftop Equipment), recognizing the use of the Building for the Permitted UsesBuilding, then Tenant shall, upon notice from Landlord, cease using such interfering equipment and cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours hours. (hereinafter definedb) Without limiting the generality of the foregoing Section 5.22(a), subject to Legal Requirements and Landlord’s prior written approval of plans and specifications therefor (such approval not to be unreasonably withheld, conditioned or delayed), Tenant may install, operate and maintain, in the rooftop location shown on Exhibit D-1 attached or another location mutually agreed to by the parties (the “Generator Location”), an emergency generator and equipment related thereto (collectively, the “Emergency Back-up Equipment”) at Tenant’s sole cost and expense. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Emergency Back-up Equipment, provided, however, subject to Legal Requirements and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the Emergency Back-up Equipment and the Premises (which utility connections shall be deemed part of the Emergency Back-up Equipment). From Landlord may, in its sole and after absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the Execution DateEmergency Back-up Equipment to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). Landlord shall include substantially similar provisions governing rooftop equipment in any other leases at agrees to require such relocation no more than once during the Building Term (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and provided that such limitation shall not enforce such provisions apply to temporary relocations required in connection with any required maintenance, repair or replacement by Landlord). Landlord’s approval of the Emergency Back-up Equipment shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for the cost of repairing and maintaining the Emergency Back-up Equipment in good order, condition and repair and in compliance with Legal Requirements and for the cost of repairing any damage to the Property, or the cost of any necessary improvements to the Property, caused by or as a discriminatory manner.result of the installation, replacement and/or removal of the Emergency Back-up Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Location for the installation and operation of the Emergency Back-up Equipment. Tenant shall not install or operate the Emergency Back-up Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable Rules and Regulations in connection with the installation, maintenance and operation of the Emergency Back-up